[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3677 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3677

    To require the Occupational Safety and Health Administration to 
 promulgate an emergency temporary standard to protect employees from 
      occupational exposure to SARS-CoV-2, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2020

 Ms. Baldwin (for herself, Ms. Duckworth, Mrs. Murray, Mr. Brown, Mr. 
 Van Hollen, Mr. Blumenthal, Mr. Markey, Ms. Harris, Ms. Warren, Mrs. 
 Gillibrand, Mr. King, Mr. Durbin, Mr. Wyden, Ms. Smith, Mr. Sanders, 
  Mr. Menendez, Ms. Klobuchar, Mr. Casey, Mr. Booker, Mr. Kaine, Mrs. 
 Shaheen, Mr. Reed, Ms. Stabenow, Mr. Schatz, Ms. Hirono, Mr. Peters, 
Mrs. Feinstein, Mr. Coons, Mr. Whitehouse, Mr. Merkley, Mr. Udall, Mr. 
Cardin, and Mr. Heinrich) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
    To require the Occupational Safety and Health Administration to 
 promulgate an emergency temporary standard to protect employees from 
      occupational 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 division may be cited as the ``COVID-19 Every Worker 
Protection Act of 2020''.

SEC. 2. 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)) and 
        notwithstanding the provisions of law and the Executive order 
        listed in paragraph (7), not later than 7 days after the date 
        of enactment of this Act, the Secretary of Labor shall 
        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) other employees at occupational risk of such 
                exposure.
            (2) Consultation.--In developing the standard under this 
        subsection, the Secretary of Labor shall consult with the 
        Director of the Centers for Disease Control and Prevention, the 
        Director of the National Institute for Occupational Safety and 
        Health, and 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 a shortage 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'' (as 
        defined in 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 a State or political 
        subdivision of a State already subject to the jurisdiction of a 
        State plan approved under section 18(b) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 667(b)).
            (7) Inapplicable provisions of law and executive order.--
        The requirements of chapter 6 of title 5, United States Code 
        (commonly referred to as the ``Regulatory Flexibility Act''), 
        subchapter I of chapter 35 of title 44, United States Code 
        (commonly referred to as the ``Paperwork Reduction Act''), the 
        Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.), 
        and Executive Order 12866 (58 Fed. Reg. 190; relating to 
        regulatory planning and review), as amended, shall not apply to 
        the standard promulgated under this subsection.
    (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 in the occupations and sectors 
        described in subparagraphs (A) through (C) of subsection (a)(1) 
        from occupational exposure to infectious pathogens, including 
        novel 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 include--
            (1) a requirement that the employers of the employees in 
        the occupations and sectors described in subparagraphs (A) 
        through (C) of subsection (a)(1) develop and implement a 
        comprehensive infectious disease exposure control plan, with 
        the input and involvement of employees or, where applicable, 
        the representatives of employees, as appropriate, to address 
        the risk of occupational exposure in such sectors and 
        occupations;
            (2) 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);
            (3) the incorporation, as appropriate, of--
                    (A) guidelines issued by the Centers for Disease 
                Control and Prevention, the National Institute for 
                Occupational Safety and Health, and the Occupational 
                Safety and Health Administration which are designed to 
                prevent the transmission of infectious agents in 
                healthcare or other occupational settings; and
                    (B) relevant scientific research on novel 
                pathogens; and
            (4) a requirement for the recording and reporting of all 
        work-related COVID-19 infections and deaths as set forth in 
        part 1904 of title 29, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act).
    (d) Anti-Retaliation.--
            (1) Policy.--Each standard promulgated under this section 
        shall require employers to adopt a policy prohibiting the 
        discrimination and retaliation described in paragraph (2) by 
        any person (including an agent of the employer).
            (2) Prohibition.--No employer (including an agent of the 
        employer) shall discriminate or retaliate against an employee 
        for--
                    (A) reporting to the employer, to a local, State, 
                or Federal Government agency, or to the media or on a 
                social media platform--
                            (i) a violation of a standard promulgated 
                        pursuant to this Act;
                            (ii) a violation of an infectious disease 
                        exposure control plan described in subsection 
                        (c)(1); or
                            (iii) a good faith concern about a 
                        workplace infectious disease hazard;
                    (B) seeking assistance or intervention from the 
                employer or a local, State, or Federal Government 
                agency with respect to such a report;
                    (C) voluntary use of personal protective equipment 
                with a higher level of protection than is provided by 
                the employer; or
                    (D) exercising any other right under the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                651 et seq.).
            (3) Enforcement.--This subsection shall be enforced in the 
        same manner and to the same extent as any standard promulgated 
        under section 6(b) of the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 655(b)).

SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION OF WORK-RELATED CASES 
              OF COVID-19.

    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, including information 
        on the work status, occupation, and industry classification of 
        an individual, 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 2(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 among such 
        employees to the public; and
            (4) based on such reports and investigations, make 
        recommendations on needed actions or guidance to protect at-
        risk employees from COVID-19.
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