I 

116TH CONGRESS 

2D SESSION H. R. 7700 

To direct the Secretary of Labor to issue an emergency temporary standard 

that requires operators to develop and implement a comprehensive infectious disease exposure control plan to protect miners from exposure 

to SARS–CoV–2, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2020 

Mr. CARTWRIGHT (for himself, Ms. ADAMS, Mr. CLAY, Mr. COOK, Mr. 

FITZPATRICK, Mr. NORCROSS, Mr. MCKINLEY, Mr. SCOTT of Virginia, 

Ms. KAPTUR, Mr. BRINDISI, Mrs. NAPOLITANO, Mr. ROGERS of Kentucky, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. VEASEY, Mr. 

BISHOP of Georgia, Ms. JACKSON LEE, Ms. SCHAKOWSKY, Ms. JOHNSON

of Texas, Mr. GARCI ́A of Illinois, Mr. LOWENTHAL, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To direct the Secretary of Labor to issue an emergency 

temporary standard that requires operators to develop 

and implement a comprehensive infectious disease exposure control plan to protect miners from exposure to 

SARS–CoV–2, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘COVID–19 Mine 

3 Worker Protection Act’’. 

4 SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STAND5 ARDS. 

6 (a) EMERGENCY TEMPORARY HEALTH OR SAFETY

7 STANDARD.— 

8 (1) IN GENERAL.—In consideration of the grave 

9 risk presented by COVID–19 and the need to 

10 strengthen protections for miners, pursuant to sec11 tion 101(b) of the Federal Mine Safety and Health 

12 Act of 1977 (30 U.S.C. 811(b)) and notwithstanding 

13 the provisions of law and the Executive order listed 

14 in paragraph (3), not later than 7 days after the 

15 date of enactment of this Act, the Secretary of 

16 Labor shall promulgate an emergency temporary 

17 health or safety standard to protect miners from oc18 cupational exposure to SARS–CoV–2. 

19 (2) APPLICATION OF STANDARD.—Pursuant to 

20 section 101(b)(2) of the Federal Mine Safety and 

21 Health Act of 1977 (30 U.S.C. 811(b)), the emer22 gency temporary health or safety standard promul23 gated under paragraph (1) shall be effective until 

24 superseded by a mandatory health or safety stand25 ard promulgated under subsection (b). 


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•HR 7700 IH

1 (3) INAPPLICABLE PROVISIONS OF LAW AND

2 EXECUTIVE ORDER.—The provisions of law and the 

3 Executive order listed in this paragraph are as fol4 lows: 

5 (A) Chapter 6 of title 5, United States 

6 Code (commonly referred to as the ‘‘Regulatory 

7 Flexibility Act’’). 

8 (B) Subchapter I of chapter 35 of title 44, 

9 United States Code (commonly referred to as 

10 the ‘‘Paperwork Reduction Act’’). 

11 (C) The Unfunded Mandates Reform Act 

12 of 1995 (2 U.S.C. 1501 et seq.). 

13 (D) Executive Order 12866 (58 Fed. Reg. 

14 190; relating to regulatory planning and re15 view), as amended. 

16 (b) PERMANENT STANDARD.—Pursuant to section 

17 101(b)(3) of the Federal Mine Safety and Health Act of 

18 1977 (30 U.S.C. 811(b)(3)), the Secretary shall promul19 gate a mandatory standard to protect miners from occupa20 tional exposure to SARS–CoV–2. 

21 (c) REQUIREMENTS.—The standards promulgated 

22 under this section shall— 

23 (1) include a requirement that operators— 

24 (A) with the input and involvement of min25 ers or, where applicable, the representatives of 


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•HR 7700 IH

1 miners develop and implement a comprehensive 

2 infectious disease exposure control plan to ad3 dress the risk of occupational exposure to 

4 SARS–CoV–2; and 

5 (B) provide to miners the necessary per6 sonal protective equipment, disinfectant, ancil7 lary medical supplies, and other applicable sup8 plies determined necessary by the Secretary to 

9 reduce and limit exposure to SARS–CoV–2 in 

10 coal or other mines; 

11 (2) incorporate guidelines— 

12 (A) issued by the Centers for Disease Con13 trol and Prevention and the National Institute 

14 for Occupational Safety and Health, which are 

15 designed to prevent the transmission of infec16 tious agents in occupational settings; and 

17 (B) from relevant scientific research on 

18 novel pathogens; and 

19 (3) include a requirement for the recording and 

20 reporting of all work-related COVID–19 infections 

21 and deaths as set forth in part 50 of title 30, Code 

22 of Federal Regulations (as in effect on the date of 

23 enactment of this Act). 


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1 SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION 

2 OF MINING-RELATED CASES OF COVID–19. 

3 The Secretary of Labor (acting through the Assistant 

4 Secretary for Mine Safety and Health), in coordination 

5 with the Director of the Centers for Disease Control and 

6 Prevention and the Director of the National Institute for 

7 Occupational Safety and Health, shall— 

8 (1) collect and analyze case reports and other 

9 data on COVID–19 to identify and evaluate the ex10 tent, nature, and source of COVID–19 among min11 ers, including the prevalence of and consequences of 

12 COVID–19 diagnoses among miners also diagnosed 

13 with pneumoconiosis; 

14 (2) investigate, as appropriate, individual cases 

15 of COVID–19 among miners to evaluate the source 

16 of exposure and adequacy of infectious disease expo17 sure control plans; 

18 (3) provide regular periodic reports on COVID– 

19 19 among miners to the public; and 

20 (4) based on such reports and investigations, 

21 make recommendations on needed actions or guid22 ance to protect miners from COVID–19. 


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1 SEC. 4. DEFINITIONS. 

2 The terms used in this Act have the meanings given 

3 the terms in section 3 of the Federal Mine Safety and 

4 Health Act of 1977 (30 U.S.C. 802). 

Æ 


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