,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cgaj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ac1      
#bjbj,mr4 ,manchin 7for himself1 ,mr4   
,durbin1 ,mr4 ,kaine1 ,mr4 ,jones1 ,mr4 
,brown1 ,mr4 ,casey1 ,mrs4 ,capito1 and 
,mr4 ,warner7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 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-,co,v-#b1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,,covid-#ai    
,mine ,worker ,protection ,act4  #b4    
,definitions ,in this ,act1 the terms   
coal or other mine1 miner1 and operator 
have the meanings given the terms in    
section #c of the ,federal ,mine ,safety
 and ,health ,act of #aigg 7#cj         
,u4,s4,c4 #hjb74  #c4 ,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      
miners1 pursuant to section #aja7;b7 of 
the ,federal ,mine ,safety and ,health  
,act of #aigg 7#cj ,u4,s4,c4 #haa7;b77  
and notwithstanding the provisions of   
law and the ,executive order listed in  
paragraph 7#d71 not later than #g days  
after the date of enactment of this     
,act1 the ,secretary of ,labor shall    
promulgate an emergency temporary health
 or safety standard to protect miners   
from occupational exposure to           
,,sars-,co,v-#b4  7#b7 ,operator        
requirements ,the standard promulgated  
under paragraph 7#a7 shall require      
operators to provide to miners the      
necessary personal protective equipment1
 ancillary medical supplies1 and other  
applicable supplies determined necessary
 by the ,secretary to reduce and limit  
exposure to ,,sars-,co,v-#b in coal or  
other mines4  7#c7 ,extension of        

standard ,notwithstanding paragraphs    
7#b7 and 7#c7 of section #aja7;b7 of the
 ,federal ,mine ,safety and ,health ,act
 of #aigg 7#cj ,u4,s4,c4 #haa7;b771 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 7b7 is in  
effect4  7#d7 ,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 miners 
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 #aja7;a7 of   
the ,federal ,mine ,safety and ,health  
,act of #aigg 7#cj ,u4,s4,c4 #haa7;a774 
7c7 ,requirements ,each standard        
promulgated under this section shall    
include-- 7#a7 the incorporation of     
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 that are designed to    
prevent the transmission of infectious  
agents in occupational settings2 and    
7#b7 a requirement for the recording and
 reporting of all work-related          

,,covid-#ai infections and deaths as set
 forth in part #ej of title #cj1 ,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 operators to adopt
 a policy prohibiting the discrimination
 and retaliation described in paragraph 
7#b7 by any person 7including an agent  
of the operator74  7#b7 ,prohibition ,no
 operator 7including an agent of the    
operator7 shall discriminate or         
retaliate against a miner for-- 7,a7    
reporting to the operator or to a local1
 ,state1 or ,federal ,government        
agency-- 7i7 a violation of a standard  
promulgated pursuant to this ,act2 or   
7ii7 a good faith concern about a       
workplace infectious disease hazard2    
7,b7 seeking assistance or intervention 
from the operator or a local1 ,state1 or
 ,federal ,government agency with       
respect to such a report2 or  7,c7      
voluntary use of personal protective    

equipment with a higher level of        
protection than is provided by the      
operator1 if the operator determines    
that use of such personal protective    
equipment will not in itself create a   
hazard4  7#c7 ,enforcement ,this        
subsection shall be enforced in the same
 manner and to the same extent as any   
standard promulgated under section #aja 
of the ,federal ,mine ,safety and       
,health ,act of #aigg 7#cj ,u4,s4,c4    
#haa74  #d4 ,surveillance1 tracking1 and
 investigation of mining-related cases  
of ,,covid-#ai ,the ,secretary of       
,labor1 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 ,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 miners and  
the prevalence of ,,covid-#ai among     
miners with previous symptoms of        
pneumoconiosis2  7#b7 investigate1 as   
appropriate1 individual cases of        
,,covid-#ai among such miners 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 miners to the    
public2 and  7#d7 based on such reports 
and investigations1 make recommendations
 on needed actions or guidance to       
protect such miners from ,,covid-#ai4