Sec. 40002. Emergency temporary and permanent standards

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In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for employees, pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c)(1) ) and notwithstanding the provisions of law and the Executive Order listed in paragraph (7), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute for Occupational Safety and Health, the Commissioner of the Food and Drug Administration, and the persons described in paragraph (2), promulgate an emergency temporary standard to protect from occupational exposure to SARS–CoV–2— employees of health care sector employers; employees of employers in the paramedic and emergency medical services, including such services provided by firefighters and other emergency responders; and employees in other sectors and occupations whom the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration identifies as having elevated risk.

In developing the standard under this subsection, the Secretary shall consult with professional associations and representatives of the employees in the occupations and sectors described in subparagraphs

(A)through

(C)of paragraph

(1)and the employers of such employees. If the Secretary of Labor determines it is not feasible for an employer to comply with a requirement of the standard promulgated under this subsection (such as a shortage of the necessary personal protective equipment), the Secretary may exercise discretion in the enforcement of such requirement if the employer demonstrates that the employer— is exercising due diligence to come into compliance with such requirement; and is implementing alternative methods and measures to protect employees. Notwithstanding paragraphs

(2)and

(3)of section 6(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c) ), the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under subsection

(b)is in effect. With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), not later than 14 days after the date of enactment of this Act, such State shall promulgate an emergency temporary standard that is at least as effective in protecting from occupational exposure to SARS–CoV–2 the employees in the occupations and sectors described in subparagraphs

(A)through

(C)of paragraph

(1)as the emergency temporary standard promulgated under this subsection. For purposes of the standard promulgated under this subsection, the term employer under section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ) includes any State or political subdivision of a State, except for those already subject to the jurisdiction of a State plan approved under Section 18(b) of the Occupational Safety and Health Act of 1970. The requirements of chapter 6 of title V, United States Code (commonly referred to as the Regulatory Flexibility Act ), subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), and Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended, shall not apply to the standard promulgated under this subsection. Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall promulgate a final standard— to protect employees from occupational exposure to infectious pathogens, including novel pathogens; and that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). Each standard promulgated under this section shall— require the employers of the employees in the occupations and sectors described in subparagraphs

(A)through

(C)of subsection (a)(1) to develop and implement a comprehensive infectious disease exposure control plan; provide no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 296 U.S.C. 667 ); and incorporate, as appropriate— guidelines 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 healthcare settings; and relevant scientific research on novel pathogens.

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