(2) CONSULTATION.—In developing the stand-
ard under this subsection, the Secretary of Labor 
shall consult with the Director of the Centers for 
Disease Control and Prevention, the Director of the 
National Institute for Occupational Safety and 
Health, and professional associations and represent-
atives of the employees in the occupations and sec-
tors described in subparagraphs (A) through (C) of 
paragraph (1) and the employers of such employees. 
(3) ENFORCEMENT DISCRETION.—If the Sec-
retary of Labor determines it is not feasible for an 
employer to comply with a requirement of the stand-
ard promulgated under this subsection (such as a 
shortage of the necessary personal protective equip-
ment), the Secretary may exercise discretion in the 
enforcement of such requirement if the employer 
demonstrates that the employer— 
(A) is exercising due diligence to come into 
compliance with such requirement; and 
(B) is implementing alternative methods 
and measures to protect employees. 
(4) 
EXTENSION
OF
STANDARD.—Notwith-
standing paragraphs (2) and (3) of section 6(c) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(c)), the emergency temporary standard 
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promulgated under this subsection shall be in effect 
until the date on which the final standard promul-
gated under subsection (b) is in effect. 
(5) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667), not later than 14 days after the date 
of enactment of this Act, such State shall promul-
gate an emergency temporary standard that is at 
least as effective in protecting from occupational ex-
posure to SARS–CoV–2 the employees in the occu-
pations and sectors described in subparagraphs (A) 
through (C) of paragraph (1) as the emergency tem-
porary standard promulgated under this subsection. 
(6) EMPLOYER DEFINED.—For purposes of the 
standard promulgated under this subsection, the 
term ‘‘employer’’ (as defined in section 3 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 652)) includes any State or political subdivi-
sion of a State, except for a State or political sub-
division of a State already subject to the jurisdiction 
of a State plan approved under section 18(b) of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(b)). 
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(7) INAPPLICABLE
PROVISIONS
OF
LAW
AND 
EXECUTIVE ORDER.—The requirements of chapter 6 
of title 5, United States Code (commonly referred to 
as the ‘‘Regulatory Flexibility Act’’), subchapter I of 
chapter 35 of title 44, United States Code (com-
monly referred to as the ‘‘Paperwork Reduction 
Act’’), the Unfunded Mandates Reform Act of 1995 
(2 U.S.C. 1501 et seq.), and Executive Order 12866 
(58 Fed. Reg. 190; relating to regulatory planning 
and review), as amended, shall not apply to the 
standard promulgated under this subsection. 
(b) PERMANENT STANDARD.—Not later than 24 
months after the date of enactment of this Act, the Sec-
retary of Labor shall promulgate a final standard— 
(1) to protect employees in the occupations and 
sectors described in subparagraphs (A) through (C) 
of subsection (a)(1) from occupational exposure to 
infectious pathogens, including novel pathogens; and 
(2) that shall be effective and enforceable in the 
same manner and to the same extent as a standard 
promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) REQUIREMENTS.—Each standard promulgated 
under this section shall include— 
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(1) a requirement that the employers of the em-
ployees in the occupations and sectors described in 
subparagraphs (A) through (C) of subsection (a)(1) 
develop and implement a comprehensive infectious 
disease exposure control plan, with the input and in-
volvement of employees or, where applicable, the rep-
resentatives of employees, as appropriate, to address 
the risk of occupational exposure in such sectors and 
occupations; 
(2) 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 18 of the Occupational Safe-
ty and Health Act of 1970 (296 U.S.C. 667); 
(3) the incorporation, as appropriate, of— 
(A) guidelines issued by the Centers for 
Disease Control and Prevention, the National 
Institute for Occupational Safety and Health, 
and the Occupational Safety and Health Ad-
ministration which are designed to prevent the 
transmission of infectious agents in healthcare 
or other occupational settings; and 
(B) relevant scientific research on novel 
pathogens; and 
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(4) a requirement for the recording and report-
ing of all work-related COVID–19 infections and 
deaths as set forth in part 1904 of title 29, Code of 
Federal Regulations (as in effect on the date of en-
actment of this Act). 
(d) ANTI-RETALIATION.— 
(1) 
POLICY.—Each 
standard 
promulgated 
under this section shall require employers to adopt 
a policy prohibiting the discrimination and retalia-
tion described in paragraph (2) by any person (in-
cluding an agent of the employer). 
(2) PROHIBITION.—No employer (including an 
agent of the employer) shall discriminate or retaliate 
against an employee for— 
(A) reporting to the employer, to a local, 
State, or Federal Government agency, or to the 
media or on a social media platform— 
(i) a violation of a standard promul-
gated pursuant to this Act; 
(ii) a violation of an infectious disease 
exposure control plan described in sub-
section (c)(1); or 
(iii) a good faith concern about a 
workplace infectious disease hazard; 
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