,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cfgg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #aa1      
#bjbj,ms4 ,baldwin 7for herself1 ,ms4   
,duckworth1 ,mrs4 ,murray1 ,mr4 ,brown1 
,mr4 ,van ,hollen1 ,mr4 ,blumenthal1    
,mr4 ,markey1 ,ms4 ,harris1 ,ms4        
,warren1 ,mrs4 ,gillibrand1 ,mr4 ,king1 
,mr4 ,durbin1 ,mr4 ,wyden1 ,ms4 ,smith1 
,mr4 ,sanders1 ,mr4 ,menendez1 ,ms4     
,klobuchar1 ,mr4 ,casey1 ,mr4 ,booker1  
,mr4 ,kaine1 ,mrs4 ,shaheen1 ,mr4 ,reed1
 ,ms4 ,stabenow1 ,mr4 ,schatz1 ,ms4     
,hirono1 ,mr4 ,peters1 ,mrs4 ,feinstein1
 ,mr4 ,coons1 ,mr4 ,whitehouse1 ,mr4    
,merkley1 ,mr4 ,udall1 ,mr4 ,cardin1 and
 ,mr4 ,heinrich7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to require the ,occupational   
,safety and ,health ,administration to  
promulgate an emergency temporary       
standard to protect employees from      
occupational exposure to                

,,sars-,co,v-#b1 and for other purposes4
  #a4 ,short title ,this division may be
 cited as the ,,covid-#ai ,every ,worker
 ,protection ,act of #bjbj4  #b4        
,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#a77   
and notwithstanding the provisions of   
law and the ,executive order listed in  
paragraph 7#g71 not later than #g days  
after the date of enactment of this     
,act1 the ,secretary of ,labor shall    
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 other   
employees at occupational risk of such  
exposure4  7#b7 ,consultation ,in       
developing the standard under this      
subsection1 the ,secretary of ,labor    
shall consult with the ,director of the 
,centers for ,disease ,control and      
,prevention1 the ,director of the       
,national ,institute for ,occupational  
,safety and ,health1 and 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 a shortage 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 7as defined in section #c 
of the ,occupational ,safety and ,health
 ,act of #aigj 7#bi ,u4,s4,c4 #feb77    
includes any ,state or political        
subdivision of a ,state1 except for a   
,state or political subdivision of a    
,state already subject to the           
jurisdiction of a ,state plan approved  
under section #ah7;b7 of the            
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #ffg7;b774  7#g7
 ,inapplicable provisions of law and    
executive order ,the requirements of    
chapter #f of title #e1 ,united ,states 
,code 7commonly referred to as the      
,regulatory ,flexibility ,act71         

subchapter ,i of chapter #ce of title   
#dd1 ,united ,states ,code 7commonly    
referred to as the ,paperwork ,reduction
 ,act71 the ,unfunded ,mandates ,reform 
,act of #aiie 7#b ,u4,s4,c4 #aeja et    
seq471 and ,executive ,order #abhff 7#eh
 ,fed4 ,reg4 #aij2 relating to          
regulatory planning and review71 as     
amended1 shall not apply to the standard
 promulgated under this subsection4  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 in the occupations
 and sectors described in subparagraphs 
7,a7 through 7,c7 of subsection 7a77#a7 
from occupational exposure to infectious
 pathogens1 including novel 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 include-- 7#a7
 a requirement that the employers of the
 employees in the occupations and       
sectors described in subparagraphs 7,a7 
through 7,c7 of subsection 7a77#a7      
develop and implement a comprehensive   
infectious disease exposure control     
plan1 with the input and involvement of 
employees or1 where applicable1 the     
representatives of employees1 as        
appropriate1 to address the risk of     
occupational exposure in such sectors   
and occupations2  7#b7 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  7#c7 the              
incorporation1 as appropriate1 of-- 7,a7
 guidelines issued by the ,centers for  
,disease ,control and ,prevention1 the  
,national ,institute for ,occupational  

,safety and ,health1 and the            
,occupational ,safety and ,health       
,administration which are designed to   
prevent the transmission of infectious  
agents in healthcare or other           
occupational settings2 and  7,b7        
relevant scientific research on novel   
pathogens2 and  7#d7 a requirement for  
the recording and reporting of all      
work-related ,,covid-#ai infections and 
deaths as set forth in part #aijd of    
title #bi1 ,code of ,federal            
,regulations 7as in effect on the date  
of enactment of this ,act74  7d7        
,anti-,retaliation  7#a7 ,policy ,each  
standard promulgated under this section 
shall require employers to adopt a      
policy prohibiting the discrimination   
and retaliation described in paragraph  
7#b7 by any person 7including an agent  
of the employer74  7#b7 ,prohibition ,no
 employer 7including an agent of the    
employer7 shall discriminate or         
retaliate against an employee for-- 7,a7
 reporting to the employer1 to a local1 

,state1 or ,federal ,government agency1 
or to the media or on a social media    
platform-- 7i7 a violation of a standard
 promulgated pursuant to this ,act2     
7ii7 a violation of an infectious       
disease exposure control plan described 
in subsection 7c77#a72 or  7iii7 a good 
faith concern about a workplace         
infectious disease hazard2  7,b7 seeking
 assistance or intervention from the    
employer or a local1 ,state1 or ,federal
 ,government agency with respect to such
 a report2  7,c7 voluntary use of       
personal protective equipment with a    
higher level of protection than is      
provided by the employer2 or  7,d7      
exercising any other right under the    
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fea et seq474  
7#c7 ,enforcement ,this subsection shall
 be enforced in the same manner and to  
the same extent as any standard         
promulgated under section #f7;b7 of the 
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fee7;b774  #c4 

,surveillance1 tracking1 and            
investigation of work-related cases of  
,,covid-#ai ,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   
reports1 including information on the   
work status1 occupation1 and industry   
classification of an individual1 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 #b7;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 among such employees to the 
public2 and  7#d7 based on such reports 

and investigations1 make recommendations
 on needed actions or guidance to       
protect at-risk employees from          
,,covid-#ai4