Sec. 120302. Emergency temporary and permanent standards

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In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for employees, notwithstanding the provisions of law and the Executive orders listed in paragraph (7), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall 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 other employees at occupational risk of such exposure.

In developing the standard under this subsection, the Secretary of Labor— shall consult with— the Director of the Centers for Disease Control and Prevention; the Director of the National Institute for Occupational Safety and Health; and may consult with the professional associations and representatives of the employees in the occupations and sectors described in subparagraphs

(A)through

(C)of paragraph (1). 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 (as defined in 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 a State or political subdivision of a State already subject to the jurisdiction of a State plan approved under section 18(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667(b) ). The provisions of law and the Executive orders list in this paragraph are as follows: The requirements of chapter 6 of title 5, 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 ). The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq.). Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs). Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act ( 29 U.S.C. 655 ), promulgate a final standard— to protect employees in the occupations and sectors described in subparagraphs

(A)through

(C)of subsection (a)(1) 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 include— a requirement that the employers of the employees in the occupations and sectors described in subparagraphs

(A)through

(C)of subsection (a)(1)— develop and implement a comprehensive infectious disease exposure control plan, with the input and involvement of employees or, where applicable, the representatives of employees, as appropriate, to address the risk of occupational exposure in such sectors and occupations; and record and report each work-related COVID–19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act); 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 ( 29 U.S.C. 667 ); and the incorporation, as appropriate, of— guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and relevant scientific research on novel pathogens. Each standard promulgated under this section shall require employers to adopt a policy prohibiting the discrimination and retaliation described in paragraph

(2)by any person (including an agent of the employer). No employer (including an agent of the employer) shall discriminate or retaliate against an employee for— reporting to the employer, to a local, State, or Federal government agency, or to the media or on a social media platform— a violation of a standard promulgated pursuant to this Act; a violation of an infectious disease exposure control plan described in subsection (c)(1); or a good faith concern about a workplace infectious disease hazard; seeking assistance or intervention from the employer or a local, State, or Federal government agency with respect to such a report; voluntary use of personal protective equipment with a higher level of protection than is provided by the employer; or exercising any other right under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.). This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ).

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