Sec. 123. Occupational safety and health standards to protect employees in covered establishments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a proposed standard for ergonomic program management for covered establishments. Such proposed standard shall include requirements for— hazard identification and ergonomic job evaluations, including requirements for employee and authorized employee representative participation in such identification; hazard control, which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks, equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; training for employees regarding employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and medical management that includes— encouraging early reporting of musculoskeletal disorder symptoms; first aid delivered by those operating under State licensing requirements; and systematic evaluation and early referral for medical attention.

Not later than 30 months after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). Not later than 3 months after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a proposed standard requiring that all employers with employees working at a covered establishment who, in accordance with the standard promulgated under section 1910.151 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, are required to have a person readily available at the establishment who is adequately trained to render first aid, shall ensure that such person— without delay, refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee’s choice for such treatment; provides for occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include— regular review of any health and safety program, medical management program, or ergonomics program of the employer; review of any work-related injury or illness of an employee; providing onsite health services for treatment of such injury or illness; and consultation referral to a local health care provider for treating such injury or illness; and complies with the licensing requirements for licensed practical nurses or registered nurses in the State in which the establishment is located.

Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for workers at covered establishments, notwithstanding the provisions of law and the Executive orders 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 standard to protect all employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2.

Notwithstanding paragraphs

(2)and

(3)of section 6(c) of the Occupational Safety and Health Act of 1970 (29 8 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 paragraph

(5)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 employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2 as the emergency temporary standard promulgated under this subsection. The provisions of law and the Executive orders listed 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, contractors, and temporary workers at covered establishments from occupational exposure to infectious pathogens, including airborne and 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) ). In developing the standards under this subsection, the Secretary 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 the professional associations and representatives of the employees, contractors, and temporary workers at covered establishments. Each standard promulgated under this subsection shall include— a requirement that the covered establishments— 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; 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), and section 129 of this Act; and reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety; no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary 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 airborne and novel pathogens. 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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