Sec. 3. 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 miners, pursuant to section 101(b) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ) and notwithstanding the provisions of law and the Executive order listed in paragraph (4), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary health or safety standard to protect miners from occupational exposure to SARS–CoV–2. The standard promulgated under paragraph
(1)shall require operators to provide to miners the necessary personal protective equipment, ancillary medical supplies, and other applicable supplies determined necessary by the Secretary to reduce and limit exposure to SARS–CoV–2 in coal or other mines. Notwithstanding paragraphs
(2)and
(3)of section 101(b) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ), the emergency temporary health or safety standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under subsection
(b)is in effect. 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.), 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 miners 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 101(a) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(a) ). Each standard promulgated under this section shall include— the incorporation 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 that are designed to prevent the transmission of infectious agents in occupational settings; and a requirement for the recording and reporting of all work-related COVID–19 infections and deaths as set forth in part 50 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act). Each standard promulgated under this section shall require operators to adopt a policy prohibiting the discrimination and retaliation described in paragraph
(2)by any person (including an agent of the operator). No operator (including an agent of the operator) shall discriminate or retaliate against a miner for— reporting to the operator or to a local, State, or Federal Government agency— a violation of a standard promulgated pursuant to this Act; or a good faith concern about a workplace infectious disease hazard; seeking assistance or intervention from the operator or a local, State, or Federal Government agency with respect to such a report; or voluntary use of personal protective equipment with a higher level of protection than is provided by the operator, if the operator determines that use of such personal protective equipment will not in itself create a hazard. This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 101 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811 ).
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- 58 FR 190
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Sec. 3
Emergency temporary and permanent standards
Fed. Reg.58 FR 190
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