I 

117TH CONGRESS 

1ST SESSION H. R. 646 

To direct the Secretary of Labor to provide for 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 

FEBRUARY 1, 2021 

Mr. CARTWRIGHT (for himself, Mr. FITZPATRICK, Mr. BRENDAN F. BOYLE

of Pennsylvania, Mr. GRIJALVA, Ms. SCHAKOWSKY, Mr. GARCI ́A of Illinois, Ms. KAPTUR, Mrs. TRAHAN, Mr. WELCH, Mr. NORCROSS, Mr. 

TAKANO, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. CARSON, Mr. 

RYAN, and Mr. ROGERS of Kentucky) introduced the following bill; which 

was referred to the Committee on Education and Labor 

A BILL 

To direct the Secretary of Labor to provide for 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Worker Protection Act’’. 


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1 SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STAND2 ARDS. 

3 (a) EMERGENCY TEMPORARY HEALTH OR SAFETY

4 STANDARD.— 

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

6 risk presented by COVID–19 and the need to 

7 strengthen protections for miners, pursuant to sec8 tion 101(b) of the Federal Mine Safety and Health 

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

10 the provisions of law and the Executive order listed 

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

12 date of enactment of this Act, the Secretary of 

13 Labor shall provide for an emergency temporary 

14 health or safety standard to protect miners from oc15 cupational exposure to SARS–CoV–2. 

16 (2) APPLICATION OF STANDARD.—Pursuant to 

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

18 Health Act of 1977 (30 U.S.C. 811(b)), the emer19 gency temporary health or safety standard under 

20 paragraph (1) shall be effective until superseded by 

21 a mandatory health or safety standard promulgated 

22 under subsection (b). 

23 (3) INAPPLICABLE PROVISIONS OF LAW AND

24 EXECUTIVE ORDER.—The provisions of law and the 

25 Executive order listed in this paragraph are as fol26 lows: 


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

2 Code (commonly referred to as the ‘‘Regulatory 

3 Flexibility Act’’). 

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

5 United States Code (commonly referred to as 

6 the ‘‘Paperwork Reduction Act’’). 

7 (C) The Unfunded Mandates Reform Act 

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

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

10 190; relating to regulatory planning and re11 view), as amended. 

12 (b) PERMANENT STANDARD.—Pursuant to section 

13 101(b)(3) of the Federal Mine Safety and Health Act of 

14 1977 (30 U.S.C. 811(b)(3)), the Secretary shall promul15 gate a mandatory standard to protect miners from occupa16 tional exposure to SARS–CoV–2. 

17 (c) REQUIREMENTS.—The standards promulgated 

18 under this section shall— 

19 (1) include a requirement that operators— 

20 (A) with the input and involvement of min21 ers (or, where applicable, the representatives of 

22 miners), develop and implement a comprehen23 sive infectious disease exposure control plan to 

24 address the risk of occupational exposure to 

25 SARS–CoV–2; and 


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1 (B) provide to miners the necessary per2 sonal protective equipment, disinfectant, ancil3 lary medical supplies, and other applicable sup4 plies determined necessary by the Secretary to 

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

6 coal or other mines; 

7 (2) incorporate guidelines— 

8 (A) issued by the Centers for Disease Con9 trol and Prevention and the National Institute 

10 for Occupational Safety and Health, which are 

11 designed to prevent the transmission of infec12 tious agents in occupational settings; and 

13 (B) from relevant scientific research on 

14 novel pathogens; and 

15 (3) include a requirement for the recording and 

16 reporting of all work-related COVID–19 infections 

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

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

19 enactment of this Act). 

20 SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION 

21 OF MINING-RELATED CASES OF COVID–19. 

22 The Secretary of Labor (acting through the Assistant 

23 Secretary for Mine Safety and Health), in coordination 

24 with the Director of the Centers for Disease Control and 


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1 Prevention and the Director of the National Institute for 

2 Occupational Safety and Health, shall— 

3 (1) collect and analyze case reports and other 

4 data on COVID–19 to identify and evaluate the ex5 tent, nature, and source of COVID–19 among min6 ers, including the prevalence of and consequences of 

7 COVID–19 diagnoses among miners also diagnosed 

8 with pneumoconiosis; 

9 (2) investigate, as appropriate, individual cases 

10 of COVID–19 among miners to evaluate the source 

11 of exposure and adequacy of infectious disease expo12 sure control plans; 

13 (3) provide regular periodic reports on COVID– 

14 19 among miners to the public; and 

15 (4) based on such reports and investigations, 

16 make recommendations on needed actions or guid17 ance to protect miners from COVID–19. 

18 SEC. 4. DEFINITIONS. 

19 The terms used in this Act have the meanings given 

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

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

Æ 


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