COVID–19 Every Worker Protection Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6559 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 HOUSE OF REPRESENTATIVES APRIL 21, 2020 Mr. SCOTT of Virginia (for himself, Ms. ADAMS, Ms. SHALALA, Mr. COURT- NEY, Ms. NORTON, Ms. WILSON of Florida, Mrs. BEATTY, Mrs. LAW- RENCE, Ms. FUDGE, Mr. NORCROSS, Ms. WILD, Mrs. WATSON COLEMAN, Mr. ENGEL, Ms. BONAMICI, Mr. ROSE of New York, Ms. FINKENAUER, Mr. CLEAVER, Mr. COHEN, Mrs. TRAHAN, Mr. LEVIN of Michigan, Mr. TRONE, Mrs. MCBATH, Ms. JAYAPAL, Mr. MORELLE, Mr. POCAN, Mr. SUOZZI, Mrs. HAYES, Ms. OMAR, Mr. CASTRO of Texas, and Mr. GRI- JALVA) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To require the Occupational Safety and Health Administra- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 2 •HR 6559 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘COVID–19 Every 2 Worker Protection Act of 2020’’. 3 SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STAND- 4 ARDS. 5 (a) EMERGENCY TEMPORARY STANDARD.— 6 (1) IN GENERAL.—In consideration of the grave 7 risk presented by COVID–19 and the need to 8 strengthen protections for employees, pursuant to 9 section 6(c)(1) of the Occupational Safety and 10 Health Act of 1970 (29 U.S.C. 655(c)(1)) and not- 11 withstanding the provisions of law and the Executive 12 order listed in paragraph (7), not later than 7 days 13 after the date of enactment of this Act, the Sec- 14 retary of Labor shall promulgate an emergency tem- 15 porary standard to protect from occupational expo- 16 sure to SARS–CoV–2— 17 (A) employees of health care sector em- 18 ployers; 19 (B) employees of employers in the para- 20 medic and emergency medical services, includ- 21 ing such services provided by firefighters and 22 other emergency responders; and 23 (C) other employees at occupational risk of 24 such exposure. 25 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 3 •HR 6559 IH (2) CONSULTATION.—In developing the stand- 1 ard under this subsection, the Secretary of Labor 2 shall consult with the Director of the Centers for 3 Disease Control and Prevention, the Director of the 4 National Institute for Occupational Safety and 5 Health, and professional associations and represent- 6 atives of the employees in the occupations and sec- 7 tors described in subparagraphs (A) through (C) of 8 paragraph (1) and the employers of such employees. 9 (3) ENFORCEMENT DISCRETION.—If the Sec- 10 retary of Labor determines it is not feasible for an 11 employer to comply with a requirement of the stand- 12 ard promulgated under this subsection (such as a 13 shortage of the necessary personal protective equip- 14 ment), the Secretary may exercise discretion in the 15 enforcement of such requirement if the employer 16 demonstrates that the employer— 17 (A) is exercising due diligence to come into 18 compliance with such requirement; and 19 (B) is implementing alternative methods 20 and measures to protect employees. 21 (4) EXTENSION OF STANDARD.—Notwith- 22 standing paragraphs (2) and (3) of section 6(c) of 23 the Occupational Safety and Health Act of 1970 (29 24 U.S.C. 655(c)), the emergency temporary standard 25 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 4 •HR 6559 IH promulgated under this subsection shall be in effect 1 until the date on which the final standard promul- 2 gated under subsection (b) is in effect. 3 (5) STATE PLAN ADOPTION.—With respect to a 4 State with a State plan that has been approved by 5 the Secretary of Labor under section 18 of the Oc- 6 cupational Safety and Health Act of 1970 (29 7 U.S.C. 667), not later than 14 days after the date 8 of enactment of this Act, such State shall promul- 9 gate an emergency temporary standard that is at 10 least as effective in protecting from occupational ex- 11 posure to SARS–CoV–2 the employees in the occu- 12 pations and sectors described in subparagraphs (A) 13 through (C) of paragraph (1) as the emergency tem- 14 porary standard promulgated under this subsection. 15 (6) EMPLOYER DEFINED.—For purposes of the 16 standard promulgated under this subsection, the 17 term ‘‘employer’’ (as defined in section 3 of the Oc- 18 cupational Safety and Health Act of 1970 (29 19 U.S.C. 652)) includes any State or political subdivi- 20 sion of a State, except for a State or political sub- 21 division of a State already subject to the jurisdiction 22 of a State plan approved under section 18(b) of the 23 Occupational Safety and Health Act of 1970 (29 24 U.S.C. 667(b)). 25 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 5 •HR 6559 IH (7) INAPPLICABLE PROVISIONS OF LAW AND 1 EXECUTIVE ORDER.—The requirements of chapter 6 2 of title 5, United States Code (commonly referred to 3 as the ‘‘Regulatory Flexibility Act’’), subchapter I of 4 chapter 35 of title 44, United States Code (com- 5 monly referred to as the ‘‘Paperwork Reduction 6 Act’’), the Unfunded Mandates Reform Act of 1995 7 (2 U.S.C. 1501 et seq.), and Executive Order 12866 8 (58 Fed. Reg. 190; relating to regulatory planning 9 and review), as amended, shall not apply to the 10 standard promulgated under this subsection. 11 (b) PERMANENT STANDARD.—Not later than 24 12 months after the date of enactment of this Act, the Sec- 13 retary of Labor shall promulgate a final standard— 14 (1) to protect employees in the occupations and 15 sectors described in subparagraphs (A) through (C) 16 of subsection (a)(1) from occupational exposure to 17 infectious pathogens, including novel pathogens; and 18 (2) that shall be effective and enforceable in the 19 same manner and to the same extent as a standard 20 promulgated under section 6(b) of the Occupational 21 Safety and Health Act of 1970 (29 U.S.C. 655(b)). 22 (c) REQUIREMENTS.—Each standard promulgated 23 under this section shall include— 24 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 6 •HR 6559 IH (1) a requirement that the employers of the em- 1 ployees in the occupations and sectors described in 2 subparagraphs (A) through (C) of subsection (a)(1) 3 develop and implement a comprehensive infectious 4 disease exposure control plan, with the input and in- 5 volvement of employees or, where applicable, the rep- 6 resentatives of employees, as appropriate, to address 7 the risk of occupational exposure in such sectors and 8 occupations; 9 (2) no less protection for novel pathogens than 10 precautions mandated by standards adopted by a 11 State plan that has been approved by the Secretary 12 of Labor under section 18 of the Occupational Safe- 13 ty and Health Act of 1970 (296 U.S.C. 667); 14 (3) the incorporation, as appropriate, of— 15 (A) guidelines issued by the Centers for 16 Disease Control and Prevention, the National 17 Institute for Occupational Safety and Health, 18 and the Occupational Safety and Health Ad- 19 ministration which are designed to prevent the 20 transmission of infectious agents in healthcare 21 or other occupational settings; and 22 (B) relevant scientific research on novel 23 pathogens; and 24 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 7 •HR 6559 IH (4) a requirement for the recording and report- 1 ing of all work-related COVID–19 infections and 2 deaths as set forth in part 1904 of title 29, Code of 3 Federal Regulations (as in effect on the date of en- 4 actment of this Act). 5 (d) ANTI-RETALIATION.— 6 (1) POLICY.—Each standard promulgated 7 under this section shall require employers to adopt 8 a policy prohibiting the discrimination and retalia- 9 tion described in paragraph (2) by any person (in- 10 cluding an agent of the employer). 11 (2) PROHIBITION.—No employer (including an 12 agent of the employer) shall discriminate or retaliate 13 against an employee for— 14 (A) reporting to the employer, to a local, 15 State, or Federal Government agency, or to the 16 media or on a social media platform— 17 (i) a violation of a standard promul- 18 gated pursuant to this Act; 19 (ii) a violation of an infectious disease 20 exposure control plan described in sub- 21 section (c)(1); or 22 (iii) a good faith concern about a 23 workplace infectious disease hazard; 24 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 8 •HR 6559 IH (B) seeking assistance or intervention from 1 the employer or a local, State, or Federal Gov- 2 ernment agency with respect to such a report; 3 (C) voluntary use of personal protective 4 equipment with a higher level of protection than 5 is provided by the employer; or 6 (D) exercising any other right under the 7 Occupational Safety and Health Act of 1970 8 (29 U.S.C. 651 et seq.). 9 (3) ENFORCEMENT.—This subsection shall be 10 enforced in the same manner and to the same extent 11 as any standard promulgated under section 6(b) of 12 the Occupational Safety and Health Act of 1970 (29 13 U.S.C. 655(b)). 14 SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION 15 OF WORK-RELATED CASES OF COVID–19. 16 The Director of the Centers for Disease Control and 17 Prevention, in conjunction with the Director of the Na- 18 tional Institute for Occupational Safety and Health, 19 shall— 20 (1) collect and analyze case reports, including 21 information on the work status, occupation, and in- 22 dustry classification of an individual, and other data 23 on COVID–19, to identify and evaluate the extent, 24 nature, and source of COVID–19 among employees 25 VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS 9 •HR 6559 IH in the occupations and sectors described in subpara- 1 graphs (A) through (C) of section 2(a)(1); 2 (2) investigate, as appropriate, individual cases 3 of COVID–19 among such employees to evaluate the 4 source of exposure and adequacy of infection and ex- 5 posure control programs and measures; 6 (3) provide regular periodic reports on COVID– 7 19 among such employees to the public; and 8 (4) based on such reports and investigations, 9 make recommendations on needed actions or guid- 10 ance to protect at-risk employees from COVID–19. 11 Æ VerDate Sep 11 2014 02:17 Apr 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H6559.IH H6559 SSpencer on DSKBCBPHB2PROD with BILLS