COVID–19 Mine Worker Protection Act

II 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 infec- tious 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 expo- sure control plan to protect miners from exposure to SARS–CoV–2, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Mine 4 Worker Protection Act’’. 5 VerDate Sep 11 2014 23:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 184 IS SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STAND- 1 ARDS. 2 (a) EMERGENCY TEMPORARY HEALTH OR SAFETY 3 STANDARD.— 4 (1) IN GENERAL.—In consideration of the grave 5 risk presented by COVID–19 and the need to 6 strengthen protections for miners, pursuant to sec- 7 tion 101(b) of the Federal Mine Safety and Health 8 Act of 1977 (30 U.S.C. 811(b)) and notwithstanding 9 the provisions of law and the Executive order listed 10 in paragraph (3), not later than 7 days after the 11 date of enactment of this Act, the Secretary of 12 Labor shall promulgate an emergency temporary 13 health or safety standard to protect miners from oc- 14 cupational exposure to SARS–CoV–2. 15 (2) APPLICATION OF STANDARD.—Pursuant to 16 section 101(b)(2) of the Federal Mine Safety and 17 Health Act of 1977 (30 U.S.C. 811(b)), the emer- 18 gency temporary health or safety standard promul- 19 gated under paragraph (1) shall be effective until 20 superseded by a mandatory health or safety stand- 21 ard promulgated under subsection (b). 22 (3) INAPPLICABLE PROVISIONS OF LAW AND 23 EXECUTIVE ORDER.—The provisions of law and the 24 Executive order listed in this paragraph are as fol- 25 lows: 26 VerDate Sep 11 2014 23:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 184 IS (A) Chapter 6 of title 5, United States 1 Code (commonly referred to as the ‘‘Regulatory 2 Flexibility Act’’). 3 (B) Subchapter I of chapter 35 of title 44, 4 United States Code (commonly referred to as 5 the ‘‘Paperwork Reduction Act’’). 6 (C) The Unfunded Mandates Reform Act 7 of 1995 (2 U.S.C. 1501 et seq.). 8 (D) Executive Order 12866 (58 Fed. Reg. 9 190; relating to regulatory planning and re- 10 view), as amended. 11 (b) PERMANENT STANDARD.—Pursuant to section 12 101(b)(3) of the Federal Mine Safety and Health Act of 13 1977 (30 U.S.C. 811(b)(3)), the Secretary shall promul- 14 gate a mandatory standard to protect miners from occupa- 15 tional exposure to SARS–CoV–2. 16 (c) REQUIREMENTS.—The standards promulgated 17 under this section shall— 18 (1) include a requirement that operators— 19 (A) with the input and involvement of min- 20 ers or, where applicable, the representatives of 21 miners develop and implement a comprehensive 22 infectious disease exposure control plan to ad- 23 dress the risk of occupational exposure to 24 SARS–CoV–2; and 25 VerDate Sep 11 2014 23:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 184 IS (B) provide to miners the necessary per- 1 sonal protective equipment, disinfectant, ancil- 2 lary medical supplies, and other applicable sup- 3 plies determined necessary by the Secretary to 4 reduce and limit exposure to SARS–CoV–2 in 5 coal or other mines; 6 (2) incorporate guidelines— 7 (A) issued by the Centers for Disease Con- 8 trol and Prevention and the National Institute 9 for Occupational Safety and Health, which are 10 designed to prevent the transmission of infec- 11 tious agents in occupational settings; and 12 (B) from relevant scientific research on 13 novel pathogens; and 14 (3) include a requirement for the recording and 15 reporting of all work-related COVID–19 infections 16 and deaths as set forth in part 50 of title 30, Code 17 of Federal Regulations (as in effect on the date of 18 enactment of this Act). 19 SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION 20 OF MINING-RELATED CASES OF COVID–19. 21 The Secretary of Labor (acting through the Assistant 22 Secretary for Mine Safety and Health), in coordination 23 with the Director of the Centers for Disease Control and 24 VerDate Sep 11 2014 23:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 184 IS Prevention and the Director of the National Institute for 1 Occupational Safety and Health, shall— 2 (1) collect and analyze case reports and other 3 data on COVID–19 to identify and evaluate the ex- 4 tent, nature, and source of COVID–19 among min- 5 ers, including the prevalence of and consequences of 6 COVID–19 diagnoses among miners also diagnosed 7 with pneumoconiosis; 8 (2) investigate, as appropriate, individual cases 9 of COVID–19 among miners to evaluate the source 10 of exposure and adequacy of infectious disease expo- 11 sure control plans; 12 (3) provide regular periodic reports on COVID– 13 19 among miners to the public; and 14 (4) based on such reports and investigations, 15 make recommendations on needed actions or guid- 16 ance to protect miners from COVID–19. 17 SEC. 4. DEFINITIONS. 18 The terms used in this Act have the meanings given 19 the terms in section 3 of the Federal Mine Safety and 20 Health Act of 1977 (30 U.S.C. 802). 21 Æ VerDate Sep 11 2014 23:06 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S184.IS S184 pamtmann on DSKBC07HB2PROD with BILLS