To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes.

Bill: 117-hr-5480
Sponsor: full_name: Rep. Estes, Ron [R-KS-4]
Introduced: 2021-10-05
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Department of Labor

Employment discrimination and employee rights

First Amendment rights

Immunology and vaccination

Religion

Worker safety and health
Latest action: action_date: 2021-10-05
text: Referred to the House Committee on Education and Labor.

Summaries:
action_date: 2021-10-05
action_desc: Introduced in House
text: <p>This bill places certain restrictions on employer-based vaccination requirements.</p> <p>Specifically, the bill prohibits the Department of Labor from issuing an emergency temporary occupational safety or health standard that requires employers to ensure their employees receive a vaccine.</p> <p>In addition, the bill expressly applies the Religious Freedom Restoration Act of 1993 (RFRA) to occupational health and safety rules issued by Labor. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5480 IN THE HOUSE OF REPRESENTATIVES October 5, 2021 Mr. Estes introduced the following bill; which was referred to the Committee on Education and Labor A BILL To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes.

1. Applicability of Religious Freedom Restoration Act of 1993 The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ) shall apply with any rule issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ). 2. Prohibition on certain emergency temporary standards Section 6(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c) ) is amended by adding at the end the following: (4) The Secretary may not issue an emergency temporary standard that requires an employer to ensure that employees of the employer receive a vaccine. .