COVID–19 Mine Worker Protection Act

II 116TH CONGRESS 2D SESSION S. 3710 To require the Secretary of Labor to promulgate an emergency temporary standard to protect miners of coal or other mines from occupational exposure to SARS–CoV–2, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Mr. MANCHIN (for himself, Mr. DURBIN, Mr. KAINE, Mr. JONES, Mr. BROWN, Mr. CASEY, Mrs. CAPITO, and Mr. WARNER) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to promulgate an emer- gency temporary standard to protect miners of coal or other mines 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Mine 4 Worker Protection Act’’. 5 VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3710 IS SEC. 2. DEFINITIONS. 1 In this Act, the terms ‘‘coal or other mine’’, ‘‘miner’’, 2 and ‘‘operator’’ have the meanings given the terms in sec- 3 tion 3 of the Federal Mine Safety and Health Act of 1977 4 (30 U.S.C. 802). 5 SEC. 3. EMERGENCY TEMPORARY AND PERMANENT STAND- 6 ARDS. 7 (a) EMERGENCY TEMPORARY STANDARD.— 8 (1) IN GENERAL.—In consideration of the grave 9 risk presented by COVID–19 and the need to 10 strengthen protections for miners, pursuant to sec- 11 tion 101(b) of the Federal Mine Safety and Health 12 Act of 1977 (30 U.S.C. 811(b)) and notwithstanding 13 the provisions of law and the Executive order listed 14 in paragraph (4), not later than 7 days after the 15 date of enactment of this Act, the Secretary of 16 Labor shall promulgate an emergency temporary 17 health or safety standard to protect miners from oc- 18 cupational exposure to SARS–CoV–2. 19 (2) OPERATOR REQUIREMENTS.—The standard 20 promulgated under paragraph (1) shall require oper- 21 ators to provide to miners the necessary personal 22 protective equipment, ancillary medical supplies, and 23 other applicable supplies determined necessary by 24 the Secretary to reduce and limit exposure to 25 SARS–CoV–2 in coal or other mines. 26 VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3710 IS (3) EXTENSION OF STANDARD.—Notwith- 1 standing paragraphs (2) and (3) of section 101(b) of 2 the Federal Mine Safety and Health Act of 1977 3 (30 U.S.C. 811(b)), the emergency temporary health 4 or safety standard promulgated under this sub- 5 section shall be in effect until the date on which the 6 final standard promulgated under subsection (b) is 7 in effect. 8 (4) INAPPLICABLE PROVISIONS OF LAW AND 9 EXECUTIVE ORDER.—The requirements of chapter 6 10 of title 5, United States Code (commonly referred to 11 as the ‘‘Regulatory Flexibility Act’’), subchapter I of 12 chapter 35 of title 44, United States Code (com- 13 monly referred to as the ‘‘Paperwork Reduction 14 Act’’), the Unfunded Mandates Reform Act of 1995 15 (2 U.S.C. 1501 et seq.), and Executive Order 12866 16 (58 Fed. Reg. 190; relating to regulatory planning 17 and review), as amended, shall not apply to the 18 standard promulgated under this subsection. 19 (b) PERMANENT STANDARD.—Not later than 24 20 months after the date of enactment of this Act, the Sec- 21 retary of Labor shall promulgate a final standard— 22 (1) to protect miners from occupational expo- 23 sure to infectious pathogens, including novel patho- 24 gens; and 25 VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3710 IS (2) that shall be effective and enforceable in the 1 same manner and to the same extent as a standard 2 promulgated under section 101(a) of the Federal 3 Mine Safety and Health Act of 1977 (30 U.S.C. 4 811(a)). 5 (c) REQUIREMENTS.—Each standard promulgated 6 under this section shall include— 7 (1) the incorporation of guidelines issued by the 8 Centers for Disease Control and Prevention, the Na- 9 tional Institute for Occupational Safety and Health, 10 and the Occupational Safety and Health Administra- 11 tion that are designed to prevent the transmission of 12 infectious agents in occupational settings; and 13 (2) a requirement for the recording and report- 14 ing of all work-related COVID–19 infections and 15 deaths as set forth in part 50 of title 30, Code of 16 Federal Regulations (as in effect on the date of en- 17 actment of this Act). 18 (d) ANTI-RETALIATION.— 19 (1) POLICY.—Each standard promulgated 20 under this section shall require operators to adopt a 21 policy prohibiting the discrimination and retaliation 22 described in paragraph (2) by any person (including 23 an agent of the operator). 24 VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3710 IS (2) PROHIBITION.—No operator (including an 1 agent of the operator) shall discriminate or retaliate 2 against a miner for— 3 (A) reporting to the operator or to a local, 4 State, or Federal Government agency— 5 (i) a violation of a standard promul- 6 gated pursuant to this Act; or 7 (ii) a good faith concern about a 8 workplace infectious disease hazard; 9 (B) seeking assistance or intervention from 10 the operator or a local, State, or Federal Gov- 11 ernment agency with respect to such a report; 12 or 13 (C) voluntary use of personal protective 14 equipment with a higher level of protection than 15 is provided by the operator, if the operator de- 16 termines that use of such personal protective 17 equipment will not in itself create a hazard. 18 (3) ENFORCEMENT.—This subsection shall be 19 enforced in the same manner and to the same extent 20 as any standard promulgated under section 101 of 21 the Federal Mine Safety and Health Act of 1977 22 (30 U.S.C. 811). 23 VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3710 IS SEC. 4. SURVEILLANCE, TRACKING, AND INVESTIGATION 1 OF MINING-RELATED CASES OF COVID–19. 2 The Secretary of Labor, acting through the Assistant 3 Secretary for Mine Safety and Health and in coordination 4 with the Director of the Centers for Disease Control and 5 Prevention and the Director of the National Institute for 6 Occupational Safety and Health, shall— 7 (1) collect and analyze case reports, including 8 information on the work status, occupation, and in- 9 dustry classification of an individual, and other data 10 on COVID–19, to identify and evaluate the extent, 11 nature, and source of COVID–19 among miners and 12 the prevalence of COVID–19 among miners with 13 previous symptoms of pneumoconiosis; 14 (2) investigate, as appropriate, individual cases 15 of COVID–19 among such miners to evaluate the 16 source of exposure and adequacy of infection and ex- 17 posure control programs and measures; 18 (3) provide regular periodic reports on COVID– 19 19 among such miners to the public; and 20 (4) based on such reports and investigations, 21 make recommendations on needed actions or guid- 22 ance to protect such miners from COVID–19. 23 Æ VerDate Sep 11 2014 04:00 May 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3710.IS S3710 kjohnson on DSK79L0C42PROD with BILLS