[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3710 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3710

To require the Secretary of Labor to promulgate an emergency temporary 
  standard to protect miners of coal or other mines from occupational 
            exposure to SARS-CoV-2, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2020

Mr. Manchin (for himself, Mr. Durbin, Mr. Kaine, Mr. Jones, Mr. Brown, 
Mr. Casey, Mrs. Capito, and Mr. Warner) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Labor to promulgate an emergency temporary 
  standard to protect miners of coal or other mines from occupational 
            exposure to SARS-CoV-2, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Mine Worker Protection 
Act''.

SEC. 2. DEFINITIONS.

    In this Act, the terms ``coal or other mine'', ``miner'', and 
``operator'' have the meanings given the terms in section 3 of the 
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).

SEC. 3. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

    (a) Emergency Temporary Standard.--
            (1) In general.--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.
            (2) Operator requirements.--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.
            (3) Extension of standard.--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.
            (4) Inapplicable provisions of law and executive order.--
        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.
    (b) Permanent Standard.--Not later than 24 months after the date of 
enactment of this Act, the Secretary of Labor shall promulgate a final 
standard--
            (1) to protect miners from occupational exposure to 
        infectious pathogens, including novel pathogens; and
            (2) 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)).
    (c) Requirements.--Each standard promulgated under this section 
shall include--
            (1) 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
            (2) 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).
    (d) Anti-Retaliation.--
            (1) Policy.--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).
            (2) Prohibition.--No operator (including an agent of the 
        operator) shall discriminate or retaliate against a miner for--
                    (A) reporting to the operator or to a local, State, 
                or Federal Government agency--
                            (i) a violation of a standard promulgated 
                        pursuant to this Act; or
                            (ii) a good faith concern about a workplace 
                        infectious disease hazard;
                    (B) seeking assistance or intervention from the 
                operator or a local, State, or Federal Government 
                agency with respect to such a report; or
                    (C) 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.
            (3) Enforcement.--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).

SEC. 4. SURVEILLANCE, TRACKING, AND INVESTIGATION OF MINING-RELATED 
              CASES OF COVID-19.

    The Secretary of Labor, acting through the Assistant Secretary for 
Mine Safety and Health and in coordination with the Director of the 
Centers for Disease Control and Prevention and the Director of the 
National Institute for Occupational Safety and Health, shall--
            (1) collect and analyze case reports, including information 
        on the work status, occupation, and industry classification of 
        an individual, and other data on COVID-19, to identify and 
        evaluate the extent, nature, and source of COVID-19 among 
        miners and the prevalence of COVID-19 among miners with 
        previous symptoms of pneumoconiosis;
            (2) investigate, as appropriate, individual cases of COVID-
        19 among such miners to evaluate the source of exposure and 
        adequacy of infection and exposure control programs and 
        measures;
            (3) provide regular periodic reports on COVID-19 among such 
        miners to the public; and
            (4) based on such reports and investigations, make 
        recommendations on needed actions or guidance to protect such 
        miners from COVID-19.
                                 <all>