II 

111TH CONGRESS 

1ST SESSION S. 1299 

To protect health care workers and first responders, including police, firefighters, emergency medical personnel, and other workers at risk of 

workplace exposure to infectious agents and drug resistant infections, 

such as MRSA. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2009 

Mr. MENENDEZ (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To protect health care workers and first responders, including police, firefighters, emergency medical personnel, and 

other workers at risk of workplace exposure to infectious 

agents and drug resistant infections, such as MRSA. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Worker Infection Pro5 tection Act’’. 


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1 SEC. 2. PROTECTING WORKERS FROM INFECTIONS. 

2 (a) IN GENERAL.—The Secretary of Labor and the 

3 Secretary of Health and Human Services shall jointly de4 velop and issue workplace standards, recommendations, 

5 and plans to protect health care workers and first respond6 ers, including police, firefighters, emergency medical per7 sonnel, and other workers at risk of workplace exposure 

8 to infectious agents and drug resistant infections, such as 

9 Methicillin-resistant Staphylococcus aureus (referred to in 

10 this Act as ‘‘MRSA’’). 

11 (b) WORKPLACE SAFETY AND HEALTH STAND12 ARDS.— 

13 (1) TEMPORARY STANDARD.—Not later than 

14 180 days after the date of the enactment of this Act, 

15 the Secretary of Labor, in consultation with the Di16 rector of the National Institute for Occupational 

17 Safety and Health, pursuant to section 6(c) of the 

18 Occupational Safety and Health Act of 1970 (29 

19 U.S.C. 655(c)), shall develop and issue an emer20 gency temporary standard for the protection of 

21 health care workers and first responders and other 

22 workers at risk of exposure, to prevent occupational 

23 exposure to infectious agents and toxins, such as 

24 MRSA. 

25 (2) PERMANENT STANDARD.—Not later than 

26 180 days after the issuance of the emergency temVerDate Nov 24 2008 23:53 Jun 18, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1299.IS S1299

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1 porary standard under paragraph (1), the Secretary 

2 of Labor shall issue a final permanent standard for 

3 occupational exposure to infectious agents and tox4 ins, including MRSA, under section 6(b) of the Oc5 cupational Safety and Health Act of 1970 (29 

6 U.S.C. 655(B)). 

7 (3) REQUIREMENTS.—The emergency tem8 porary standard and final permanent standard 

9 under paragraphs (1) and (2) shall, at a minimum, 

10 provide for the following: 

11 (A) The development and implementation 

12 of an infectious agent control plan in settings 

13 where health care is delivered, in order to pro14 tect workers from infectious agents, in accord15 ance with the recommendations of the Centers 

16 for Disease Control and Prevention in the 

17 Guideline for Isolation Precautions: Preventing 

18 Transmission of Infectious Agents in 

19 Healthcare Settings 2007 and the Management 

20 of Multidrug-Resistant Organisms in 

21 Healthcare Settings 2006. 

22 (B) Personal protective equipment, in ac23 cordance with the requirements of sections 

24 1910.134 and 1910.132 of title 29, Code of 

25 Federal Regulations. 


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1 (C) Training and information in accord2 ance with section III of part IV of the Guideline 

3 for Isolation Precautions: Preventing Trans4 mission of Infectious Agents in Healthcare Set5 tings 2007 of the Centers for Disease Control 

6 and Prevention, including— 

7 (i) providing job-specific training and 

8 education regarding the prevention of 

9 transmission of infectious agents; and 

10 (ii) providing instructional materials 

11 for patients and visitors. 

12 (D) Appropriate medical surveillance for 

13 workers exposed to infections agents, including 

14 MRSA. 

15 (4) EFFECTIVE DATE.—The temporary emer16 gency standard issued under paragraph (1) shall 

17 take effect not later than 90 days after the promul18 gation of such standard, except that the effective 

19 date for any requirements for engineering controls 

20 shall go into effect not later than 90 days after the 

21 promulgation of the permanent standard under 

22 paragraph (2). The provisions of the emergency tem23 porary standard under paragraph (1) shall remain in 


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1 effect until the permanent standard takes effect 

2 under paragraph (2). 

Æ 


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