Sec. 2. 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 (3), 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. Pursuant to section 101(b)(2) 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 paragraph
(1)shall be effective until superseded by a mandatory health or safety standard promulgated under subsection (b). The provisions of law and the Executive order listed in this paragraph are as follows: 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. Pursuant to section 101(b)(3) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b)(3) ), the Secretary shall promulgate a mandatory standard to protect miners from occupational exposure to SARS–CoV–2. The standards promulgated under this section shall— include a requirement that operators— with the input and involvement of miners or, where applicable, the representatives of miners develop and implement a comprehensive infectious disease exposure control plan to address the risk of occupational exposure to SARS–CoV–2; and provide to miners the necessary personal protective equipment, disinfectant, 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; incorporate 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 occupational settings; and from relevant scientific research on novel pathogens; and include 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).
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- 58 FR 190
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Sec. 2
Emergency temporary and permanent standards
Fed. Reg.58 FR 190
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