II 111th CONGRESS 1st Session S. 1299 IN THE SENATE OF THE UNITED STATES June 18, 2009 Mr. Menendez (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect health care workers and first responders, including police, firefighters, emergency medical personnel, and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as MRSA.

1.

Short title

This Act may be cited as the Worker Infection Protection Act.

2.

Protecting workers from infections

(a)

In general

The Secretary of Labor and the Secretary of Health and Human Services shall jointly develop and issue workplace standards, recommendations, and plans to protect health care workers and first responders, including police, firefighters, emergency medical personnel, and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as Methicillin-resistant Staphylococcus aureus (referred to in this Act as MRSA). (b)

Workplace safety and health standards

(1)

Temporary standard

Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Director of the National Institute for Occupational Safety and Health, pursuant to section 6(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)), shall develop and issue an emergency temporary standard for the protection of health care workers and first responders and other workers at risk of exposure, to prevent occupational exposure to infectious agents and toxins, such as MRSA. (2)

Permanent standard

Not later than 180 days after the issuance of the emergency temporary standard under paragraph (1), the Secretary of Labor shall issue a final permanent standard for occupational exposure to infectious agents and toxins, including MRSA, under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(B)). (3)

Requirements

The emergency temporary standard and final permanent standard under paragraphs (1) and (2) shall, at a minimum, provide for the following: (A)The development and implementation of an infectious agent control plan in settings where health care is delivered, in order to protect workers from infectious agents, in accordance with the recommendations of the Centers for Disease Control and Prevention in the Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings 2007 and the Management of Multidrug-Resistant Organisms in Healthcare Settings 2006. (B)Personal protective equipment, in accordance with the requirements of sections 1910.134 and 1910.132 of title 29, Code of Federal Regulations. (C)Training and information in accordance with section III of part IV of the Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings 2007 of the Centers for Disease Control and Prevention, including— (i)providing job-specific training and education regarding the prevention of transmission of infectious agents; and (ii)providing instructional materials for patients and visitors. (D)Appropriate medical surveillance for workers exposed to infections agents, including MRSA. (4)

Effective date

The temporary emergency standard issued under paragraph (1) shall take effect not later than 90 days after the promulgation of such standard, except that the effective date for any requirements for engineering controls shall go into effect not later than 90 days after the promulgation of the permanent standard under paragraph (2). The provisions of the emergency temporary standard under paragraph (1) shall remain in effect until the permanent standard takes effect under paragraph (2).