[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4117. Mr. MANCHIN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In title X, add at the end the following:
Subtitle H--COVID-19 Mine Worker Protection Act
SEC. 1071 SHORT TITLE.
This subtitle may be cited as the ``COVID-19 Mine Worker
Protection Act''.
SEC. 1072. 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)(2)), 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superseded by a mandatory health or safety standard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. 1073. 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. 1074. DEFINITIONS.
The terms used in this subtitle 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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