[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 184

   To direct the Secretary of Labor to issue an emergency temporary 
      standard that requires operators to develop and implement a 
   comprehensive infectious disease exposure control plan to protect 
      miners from exposure to SARS-CoV-2, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2021

  Mr. Manchin (for himself, Mr. Warner, Mrs. Capito, Mr. Durbin, Mr. 
 Kaine, Mr. Casey, and Mr. Brown) 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 operators to develop and implement a 
   comprehensive infectious disease exposure control plan to protect 
      miners 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 Mine Worker Protection 
Act''.

SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

    (a) Emergency Temporary Health or Safety Standard.--
            (1) In general.--In consideration of the grave risk 
        presented by COVID-19 and the need to strengthen protections 
        for miners, pursuant to section 101(b) of the Federal Mine 
        Safety and Health Act of 1977 (30 U.S.C. 811(b)) and 
        notwithstanding the provisions of law and the Executive order 
        listed in paragraph (3), not later than 7 days after the date 
        of enactment of this Act, the Secretary of Labor shall 
        promulgate an emergency temporary health or safety standard to 
        protect miners from occupational exposure to SARS-CoV-2.
            (2) Application of standard.--Pursuant to section 101(b)(2) 
        of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
        811(b)), the emergency temporary health or safety standard 
        promulgated under paragraph (1) shall be effective until 
        superseded by a mandatory health or safety standard promulgated 
        under subsection (b).
            (3) Inapplicable provisions of law and executive order.--
        The provisions of law and the Executive order listed in this 
        paragraph are as follows:
                    (A) Chapter 6 of title 5, United States Code 
                (commonly referred to as the ``Regulatory Flexibility 
                Act'').
                    (B) Subchapter I of chapter 35 of title 44, United 
                States Code (commonly referred to as the ``Paperwork 
                Reduction Act'').
                    (C) The Unfunded Mandates Reform Act of 1995 (2 
                U.S.C. 1501 et seq.).
                    (D) Executive Order 12866 (58 Fed. Reg. 190; 
                relating to regulatory planning and review), as 
                amended.
    (b) Permanent Standard.--Pursuant to section 101(b)(3) of the 
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811(b)(3)), the 
Secretary shall promulgate a mandatory standard to protect miners from 
occupational exposure to SARS-CoV-2.
    (c) Requirements.--The standards promulgated under this section 
shall--
            (1) include a requirement that operators--
                    (A) with the input and involvement of miners or, 
                where applicable, the representatives of miners develop 
                and implement a comprehensive infectious disease 
                exposure control plan to address the risk of 
                occupational exposure to SARS-CoV-2; and
                    (B) provide to miners the necessary personal 
                protective equipment, disinfectant, ancillary medical 
                supplies, and other applicable supplies determined 
                necessary by the Secretary to reduce and limit exposure 
                to SARS-CoV-2 in coal or other mines;
            (2) incorporate guidelines--
                    (A) issued by the Centers for Disease Control and 
                Prevention and the National Institute for Occupational 
                Safety and Health, which are designed to prevent the 
                transmission of infectious agents in occupational 
                settings; and
                    (B) from relevant scientific research on novel 
                pathogens; and
            (3) include a requirement for the recording and reporting 
        of all work-related COVID-19 infections and deaths as set forth 
        in part 50 of title 30, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act).

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

    The Secretary of Labor (acting through the Assistant Secretary for 
Mine Safety and Health), in coordination with the Director of the 
Centers for Disease Control and Prevention and 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 miners, including the prevalence of 
        and consequences of COVID-19 diagnoses among miners also 
        diagnosed with pneumoconiosis;
            (2) investigate, as appropriate, individual cases of COVID-
        19 among miners to evaluate the source of exposure and adequacy 
        of infectious disease exposure control plans;
            (3) provide regular periodic reports on COVID-19 among 
        miners to the public; and
            (4) based on such reports and investigations, make 
        recommendations on needed actions or guidance to protect miners 
        from COVID-19.

SEC. 4. DEFINITIONS.

    The terms used in this Act have the meanings given the terms in 
section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
802).
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