[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3584 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3584

   To direct the Secretary of Labor to issue an emergency temporary 
  standard that requires certain employers to develop and implement a 
   comprehensive infectious disease exposure control plan to protect 
 employees in the health care sectors and other employees at elevated 
       risk from exposure to SARS-CoV-2, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2020

 Ms. Baldwin (for herself and Ms. Duckworth) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Labor to issue an emergency temporary 
  standard that requires certain employers to develop and implement a 
   comprehensive infectious disease exposure control plan to protect 
 employees in the health care sectors and other employees at elevated 
       risk from exposure to SARS-CoV-2, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Workers First Protection 
Act of 2020''.

   TITLE I--COVID-19 EMERGENCY TEMPORARY STANDARD AND SURVEILLANCE, 
           TRACKING, AND INVESTIGATION OF WORK-RELATED CASES

SEC. 101. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

    (a) Emergency Temporary Standard.--
            (1) In general.--In consideration of the grave risk 
        presented by COVID-19 and the need to strengthen protections 
        for employees, pursuant to section 6(c)(1) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)), not later 
        than 1 month after the date of enactment of this Act, the 
        Secretary of Labor shall, in consultation with the Director of 
        the Centers for Disease Control and Prevention, the Director of 
        the National Institute for Occupational Safety and Health, and 
        the persons described in paragraph (2), promulgate an emergency 
        temporary standard to protect from occupational exposure to 
        SARS-CoV-2--
                    (A) employees of health care sector employers;
                    (B) employees of employers in the paramedic and 
                emergency medical services, including such services 
                provided by firefighters and other emergency 
                responders; and
                    (C) employees in other sectors and occupations whom 
                the Centers for Disease Control and Prevention or the 
                Occupational Safety and Health Administration 
                identifies as having elevated risk.
            (2) Consultation.--In developing the standard under this 
        subsection, the Secretary shall consult with professional 
        associations and representatives of the employees in the 
        occupations and sectors described in subparagraphs (A) through 
        (C) of paragraph (1) and the employers of such employees.
            (3) Enforcement discretion.--If the Secretary of Labor 
        determines it is not feasible for an employer to comply with a 
        requirement of the standard promulgated under this subsection 
        (such as the provision of the necessary personal protective 
        equipment), the Secretary may exercise discretion in the 
        enforcement of such requirement if the employer demonstrates 
        that the employer--
                    (A) is exercising due diligence to come into 
                compliance with such requirement; and
                    (B) is implementing alternative methods and 
                measures to protect employees.
            (4) Extension of standard.--Notwithstanding paragraphs (2) 
        and (3) of section 6(c) of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 655(c)), the emergency temporary 
        standard promulgated under this subsection shall be in effect 
        until the date on which the final standard promulgated under 
        subsection (b) is in effect.
            (5) State plan adoption.--With respect to a State with a 
        State plan that has been approved by the Secretary of Labor 
        under section 18 of the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 667), not later than 14 days after the date of 
        enactment of this Act, such State shall promulgate an emergency 
        temporary standard that is at least as effective in protecting 
        from occupational exposure to SARS-CoV-2 the employees in the 
        occupations and sectors described in subparagraphs (A) through 
        (C) of paragraph (1) as the emergency temporary standard 
        promulgated under this subsection.
            (6) Employer defined.--For purposes of the standard 
        promulgated under this subsection, the term ``employer'' under 
        section 3 of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 652) includes any State or political subdivision of a 
        State, except for those already subject to the jurisdiction of 
        a State plan approved under section 18(b) of the Occupational 
        Safety and Health Act of 1970.
    (b) Permanent Standard.--Not later than 24 months after the date of 
enactment of this Act, the Secretary of Labor shall promulgate a final 
standard--
            (1) to protect employees from occupational exposure to 
        infectious pathogens; and
            (2) that shall be effective and enforceable in the same 
        manner and to the same extent as a standard promulgated under 
        section 6(b) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 655(b)).
    (c) Requirements.--Each standard promulgated under this section 
shall--
            (1) require the employers of the employees in the 
        occupations and sectors described in subparagraphs (A) through 
        (C) of subsection (a)(1) to develop and implement a 
        comprehensive infectious disease exposure control plan;
            (2) provide no less protection for novel pathogens than 
        precautions mandated by standards adopted by a State plan that 
        has been approved by the Secretary of Labor under section 18 of 
        the Occupational Safety and Health Act of 1970 (296 U.S.C. 
        667); and
            (3) incorporate, as appropriate, the precautions for severe 
        acute respiratory syndrome (SARS) in the ``2007 Guideline for 
        Isolation Precautions: Preventing Transmission of Infectious 
        Agents in Healthcare Settings'' of the Centers for Disease 
        Control and Prevention and any subsequent updates.

SEC. 102. SURVEILLANCE, TRACKING, AND INVESTIGATION OF WORK-RELATED 
              CASES OF COVID-19 AMONG HEALTH CARE WORKERS.

    The Director of the Centers for Disease Control and Prevention, in 
conjunction with the Director of the National Institute for 
Occupational Safety and Health, shall--
            (1) collect and analyze case reports and other data on 
        COVID-19, to identify and evaluate the extent, nature, and 
        source of COVID-19 among employees in the occupations and 
        sectors described in subparagraphs (A) through (C) of section 
        101(a)(1);
            (2) investigate, as appropriate, individual cases of COVID-
        19 among such employees to evaluate the source of exposure and 
        adequacy of infection and exposure control programs and 
        measures;
            (3) provide regular periodic reports on COVID-19 disease 
        among such employees to the public; and
            (4) based on such reports and investigations make 
        recommendations on needed actions or guidance to protect such 
        employees from COVID-19.

  TITLE II--APPLICATION OF THE PERMANENT COVID-19 STANDARD TO CERTAIN 
                  FACILITIES RECEIVING MEDICARE FUNDS.

SEC. 201. IN GENERAL.

    (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 
1395cc) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (X), by striking ``and'' at the 
                end;
                    (B) in subparagraph (Y), by striking at the end the 
                period and inserting ``; and''; and
                    (C) by inserting after subparagraph (Y) the 
                following new subparagraph:
                    ``(Z) in the case of hospitals that are not 
                otherwise subject to the Occupational Safety and Health 
                Act of 1970 (or a State occupational safety and health 
                plan that is approved under section 18(b) of such Act) 
                and skilled nursing facilities that are not otherwise 
                subject to such Act (or such a State occupational 
                safety and health plan), to comply with the standard 
                promulgated under section 101(b) of the COVID-19 
                Workers First Protection Act of 2020.''; and
            (2) in subsection (b)(4)--
                    (A) in subparagraph (A), by inserting ``and a 
                hospital or skilled nursing facility that fails to 
                comply with the requirement of subsection (a)(1)(Z) 
                (relating to the standard promulgated under section 
                101(b) of the COVID-19 Workers First Protection Act of 
                2020)'' after ``Bloodborne Pathogens Standard)''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``(a)(1)(U)'' and inserting 
                        ``(a)(1)(V)''; and
                            (ii) by inserting ``(or, in the case of a 
                        failure to comply with the requirement of 
                        subsection (a)(1)(Z), for a violation of the 
                        standard promulgated under section 101(b) of 
                        the COVID-19 Workers First Protection Act of 
                        2020 by a hospital or skilled nursing facility, 
                        as applicable, that is subject to the 
                        provisions of such Act)'' before the period at 
                        the end.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply beginning on the date that is 1 month after the date of 
promulgation of the permanent standard under section 101(b).
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