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I
116TH CONGRESS
2D SESSION
H. R. 7700
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 HOUSE OF REPRESENTATIVES
JULY 21, 2020
Mr. CARTWRIGHT (for himself, Ms. ADAMS, Mr. CLAY, Mr. COOK, Mr.
FITZPATRICK, Mr. NORCROSS, Mr. MCKINLEY, Mr. SCOTT of Virginia,
Ms. KAPTUR, Mr. BRINDISI, Mrs. NAPOLITANO, Mr. ROGERS of Ken-
tucky, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. VEASEY, Mr.
BISHOP of Georgia, Ms. JACKSON LEE, Ms. SCHAKOWSKY, Ms. JOHNSON
of Texas, Mr. GARCI´A of Illinois, Mr. LOWENTHAL, and Ms. FUDGE) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor
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-
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tives of the United States of America in Congress assembled,
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•HR 7700 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘COVID–19 Mine
2
Worker Protection Act’’.
3
SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STAND-
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ARDS.
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(a) EMERGENCY TEMPORARY HEALTH OR SAFETY
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STANDARD.—
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(1) IN GENERAL.—In consideration of the grave
8
risk presented by COVID–19 and the need to
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strengthen protections for miners, pursuant to sec-
10
tion 101(b) of the Federal Mine Safety and Health
11
Act of 1977 (30 U.S.C. 811(b)) and notwithstanding
12
the provisions of law and the Executive order listed
13
in paragraph (3), not later than 7 days after the
14
date of enactment of this Act, the Secretary of
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Labor shall promulgate an emergency temporary
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health or safety standard to protect miners from oc-
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cupational exposure to SARS–CoV–2.
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(2) APPLICATION OF STANDARD.—Pursuant to
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section 101(b)(2) of the Federal Mine Safety and
20
Health Act of 1977 (30 U.S.C. 811(b)), the emer-
21
gency temporary health or safety standard promul-
22
gated under paragraph (1) shall be effective until
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superseded by a mandatory health or safety stand-
24
ard promulgated under subsection (b).
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•HR 7700 IH
(3) INAPPLICABLE
PROVISIONS
OF
LAW
AND
1
EXECUTIVE ORDER.—The provisions of law and the
2
Executive order listed in this paragraph are as fol-
3
lows:
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(A) Chapter 6 of title 5, United States
5
Code (commonly referred to as the ‘‘Regulatory
6
Flexibility Act’’).
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(B) Subchapter I of chapter 35 of title 44,
8
United States Code (commonly referred to as
9
the ‘‘Paperwork Reduction Act’’).
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(C) The Unfunded Mandates Reform Act
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of 1995 (2 U.S.C. 1501 et seq.).
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(D) Executive Order 12866 (58 Fed. Reg.
13
190; relating to regulatory planning and re-
14
view), as amended.
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(b) PERMANENT STANDARD.—Pursuant to section
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101(b)(3) of the Federal Mine Safety and Health Act of
17
1977 (30 U.S.C. 811(b)(3)), the Secretary shall promul-
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gate a mandatory standard to protect miners from occupa-
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tional exposure to SARS–CoV–2.
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(c) REQUIREMENTS.—The standards promulgated
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under this section shall—
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(1) include a requirement that operators—
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(A) with the input and involvement of min-
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ers or, where applicable, the representatives of
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•HR 7700 IH
miners develop and implement a comprehensive
1
infectious disease exposure control plan to ad-
2
dress the risk of occupational exposure to
3
SARS–CoV–2; and
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(B) provide to miners the necessary per-
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sonal protective equipment, disinfectant, ancil-
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lary medical supplies, and other applicable sup-
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plies determined necessary by the Secretary to
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reduce and limit exposure to SARS–CoV–2 in
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coal or other mines;
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(2) incorporate guidelines—
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(A) issued by the Centers for Disease Con-
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trol and Prevention and the National Institute
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for Occupational Safety and Health, which are
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designed to prevent the transmission of infec-
15
tious agents in occupational settings; and
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(B) from relevant scientific research on
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novel pathogens; and
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(3) include a requirement for the recording and
19
reporting of all work-related COVID–19 infections
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and deaths as set forth in part 50 of title 30, Code
21
of Federal Regulations (as in effect on the date of
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enactment of this Act).
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•HR 7700 IH
SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION
1
OF MINING-RELATED CASES OF COVID–19.
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The Secretary of Labor (acting through the Assistant
3
Secretary for Mine Safety and Health), 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—
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(1) collect and analyze case reports and other
8
data on COVID–19 to identify and evaluate the ex-
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tent, nature, and source of COVID–19 among min-
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ers, including the prevalence of and consequences of
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COVID–19 diagnoses among miners also diagnosed
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with pneumoconiosis;
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(2) investigate, as appropriate, individual cases
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of COVID–19 among miners to evaluate the source
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of exposure and adequacy of infectious disease expo-
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sure control plans;
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(3) provide regular periodic reports on COVID–
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19 among miners to the public; and
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(4) based on such reports and investigations,
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make recommendations on needed actions or guid-
21
ance to protect miners from COVID–19.
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•HR 7700 IH
SEC. 4. DEFINITIONS.
1
The terms used in this Act have the meanings given
2
the terms in section 3 of the Federal Mine Safety and
3
Health Act of 1977 (30 U.S.C. 802).
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Æ
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