,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cehd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #be1    
#bjbj,ms4 ,baldwin 7for herself and ,ms4
 ,duckworth7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to direct the ,secretary of    
,labor to issue an emergency temporary  
standard that requires certain employers
 to develop and implement a             
comprehensive infectious disease        
exposure control plan to protect        
employees in the health care sectors and
 other employees at elevated risk from  
exposure to ,,sars-,co,v-#b1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,,covid-#ai    
,workers ,first ,protection ,act of     
#bjbj4  ,i ,,covid-#ai ,emergency       
,temporary ,standard and ,surveillance1 
,tracking1 and ,investigation of        
,work-,related ,cases  #aja4 ,emergency 
temporary and permanent standards  7a7  

,emergency temporary standard  7#a7 ,in 
general ,in consideration of the grave  
risk presented by ,,covid-#ai and the   
need to strengthen protections for      
employees1 pursuant to section          
#f7;c77#a7 of the ,occupational ,safety 
and ,health ,act of #aigj 7#bi ,u4,s4,c4
 #fee7;c77#a771 not later than #a month 
after the date of enactment of this     
,act1 the ,secretary of ,labor shall1 in
 consultation with the ,director of the 
,centers for ,disease ,control and      
,prevention1 the ,director of the       
,national ,institute for ,occupational  
,safety and ,health1 and the persons    
described in paragraph 7#b71 promulgate 
an emergency temporary standard to      
protect from occupational exposure to   
,,sars-,co,v-#b-- 7,a7 employees of     
health care sector employers2  7,b7     
employees of employers in the paramedic 
and emergency medical services1         
including such services provided by     
firefighters and other emergency        
responders2 and  7,c7 employees in other

 sectors and occupations whom the       
,centers for ,disease ,control and      
,prevention or the ,occupational ,safety
 and ,health ,administration identifies 
as having elevated risk4  7#b7          
,consultation ,in developing the        
standard under this subsection1 the     
,secretary shall consult with           
professional associations and           
representatives of the employees in the 
occupations and sectors described in    
subparagraphs 7,a7 through 7,c7 of      
paragraph 7#a7 and the employers of such
 employees4  7#c7 ,enforcement          
discretion ,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 7such as the provision of the
 necessary personal protective          
equipment71 the ,secretary may exercise 
discretion in the enforcement of such   
requirement if the employer demonstrates
 that the employer-- 7,a7 is exercising 
due diligence to come into compliance   

with such requirement2 and  7,b7 is     
implementing alternative methods and    
measures to protect employees4  7#d7    
,extension of standard ,notwithstanding 
paragraphs 7#b7 and 7#c7 of section     
#f7;c7 of the ,occupational ,safety and 
,health ,act of #aigj 7#bi ,u4,s4,c4    
#fee7;c771 the emergency temporary      
standard promulgated under this         
subsection shall be in effect until the 
date on which the final standard        
promulgated under subsection 7b7 is in  
effect4  7#e7 ,state plan adoption ,with
 respect to a ,state with a ,state plan 
that has been approved by the ,secretary
 of ,labor under section #ah of the     
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #ffg71 not later
 than #ad days after the date of        
enactment of this ,act1 such ,state     
shall promulgate an emergency temporary 
standard that is at least as effective  
in protecting from occupational exposure
 to ,,sars-,co,v-#b the employees in the
 occupations and sectors described in   

subparagraphs 7,a7 through 7,c7 of      
paragraph 7#a7 as the emergency         
temporary standard promulgated under    
this subsection4  7#f7 ,employer defined
 ,for purposes of the standard          
promulgated under this subsection1 the  
term employer under section #c of the   
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #feb7 includes  
any ,state or political subdivision of a
 ,state1 except for those already       
subject to the jurisdiction of a ,state 
plan approved under section #ah7;b7 of  
the ,occupational ,safety and ,health   
,act of #aigj4  7b7 ,permanent standard 
,not later than #bd months after the    
date of enactment of this ,act1 the     
,secretary of ,labor shall promulgate a 
final standard-- 7#a7 to protect        
employees from occupational exposure to 
infectious pathogens2 and  7#b7 that    
shall be effective and enforceable in   
the same manner and to the same extent  
as a standard promulgated under section 
#f7;b7 of the ,occupational ,safety and 

,health ,act of #aigj 7#bi ,u4,s4,c4    
#fee7;b774  7c7 ,requirements ,each     
standard promulgated under this section 
shall-- 7#a7 require the employers of   
the employees in the occupations and    
sectors described in subparagraphs 7,a7 
through 7,c7 of subsection 7a77#a7 to   
develop and implement a comprehensive   
infectious disease exposure control     
plan2  7#b7 provide 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  
#ah of the ,occupational ,safety and    
,health ,act of #aigj 7#bif ,u4,s4,c4   
#ffg72 and  7#c7 incorporate1 as        
appropriate1 the precautions for severe 
acute respiratory syndrome 7,,sars7 in  
the #bjjg ,guideline for ,isolation     
,precautions3 ,preventing ,transmission 
of ,infectious ,agents in ,healthcare   
,settings of the ,centers for ,disease  
,control and ,prevention and any        
subsequent updates4  #ajb4              

,surveillance1 tracking1 and            
investigation of work-related cases of  
,,covid-#ai among health care workers   
,the ,director of the ,centers for      
,disease ,control and ,prevention1 in   
conjunction with the ,director of the   
,national ,institute for ,occupational  
,safety and ,health1 shall-- 7#a7       
collect and analyze case reports and    
other data on ,,covid-#ai1 to identify  
and evaluate the extent1 nature1 and    
source of ,,covid-#ai among employees in
 the occupations and sectors described  
in subparagraphs 7,a7 through 7,c7 of   
section #aja7;a77#a72  7#b7 investigate1
 as appropriate1 individual cases of    
,,covid-#ai among such employees to     
evaluate the source of exposure and     
adequacy of infection and exposure      
control programs and measures2  7#c7    
provide regular periodic reports on     
,,covid-#ai disease among such employees
 to the public2 and  7#d7 based on such 
reports and investigations make         
recommendations on needed actions or    

guidance to protect such employees from 
,,covid-#ai4  ,,ii ,application of the  
,permanent ,,covid-#ai ,standard to     
,certain ,facilities ,receiving         
,medicare ,funds4  #bja4 ,in general    
7a7 ,in general ,section #ahff of the   
,social ,security ,act 7#db ,u4,s4,c4   
#acie;cc7 is amended-- 7#a7 in          
subsection 7a77#a7-- 7,a7 in            
subparagraph 7,x71 by striking and at   
the end2  7,b7 in subparagraph 7,y71 by 
striking at the end the period and      
inserting 2 and2 and  7,c7 by inserting 
after subparagraph 7,y7 the following   
new subparagraph3  7,z7 in the case of  
hospitals that are not otherwise subject
 to the ,occupational ,safety and       
,health ,act of #aigj 7or a ,state      
occupational safety and health plan that
 is approved under section #ah7;b7 of   
such ,act7 and skilled nursing          
facilities that are not otherwise       
subject to such ,act 7or such a ,state  
occupational safety and health plan71 to
 comply with the standard promulgated   

under section #aja7;b7 of the           
,,covid-#ai ,workers ,first ,protection 
,act of #bjbj4  2 and  7#b7 in          
subsection 7b77#d7-- 7,a7 in            
subparagraph 7,a71 by inserting and a   
hospital or skilled nursing facility    
that fails to comply with the           
requirement of subsection 7a77#a77,z7   
7relating to the standard promulgated   
under section #aja7;b7 of the           
,,covid-#ai ,workers ,first ,protection 
,act of #bjbj7 after ,bloodborne        
,pathogens ,standard72 and  7,b7 in     
subparagraph 7,b7-- 7i7 by striking     
7a77#a77,u7 and inserting 7a77#a77,v72  
and  7ii7 by inserting 7or1 in the case 
of a failure to comply with the         
requirement of subsection 7a77#a77,z71  
for a violation of the standard         
promulgated under section #aja7;b7 of   
the ,,covid-#ai ,workers ,first         
,protection ,act of #bjbj by a hospital 
or skilled nursing facility1 as         
applicable1 that is subject to the      
provisions of such ,act7 before the     

period at the end4  7b7 ,effective date 
,the amendments made by subsection 7a7  
shall apply beginning on the date that  
is #a month after the date of           
promulgation of the permanent standard  
under section #aja7;b74