Brown Lung Disease Act of 1979

Summary

Brown Lung Disease Act of 1979 - Directs the Secretary of Labor to compile and publish a list of State workers' compensation laws found to provide adequate coverage for byssinosis ("brown lung disease", arising out of employment in a textile plant), utilizing specified criteria. Subjects such a determination to judicial review in an appropriate circuit court. Requires any claim for death or total disability due to byssinosis to be filed under the State workers' compensation law, but entitles a worker or surviving family members to claim benefits under this Act during any period when such persons are not covered by a State law providing adequate coverage. Specifies the amounts of benefits to which retired and other workers suffering from byssinosis are entitled to be paid by the Secretary. Provides that such benefit payments shall be reduced by the amount of payments received from certain other sources, such as workers' compensation, unemployment compensation, disability insurance, or a percentage of Social Security benefits. Directs the Secretary, in conjunction with the National Institute for Occupational Safety and Health, to establish standards for determining whether a worker is, or deceased worker was, totally disabled from byssinosis. Makes every employer liable for the securing of benefits equal to or greater than those provided by this Act. Sets forth the means by which such an employer shall secure the payment of such benefits during any period in which the State workers' compensation law is not found to provide adequate coverage. Stipulates that this Act does not relieve any employer of the duty to comply with any State workers' compensation law and that any such law which provides greater benefits shall not be construed to conflict with this Act. Provides that during any period in which a State workers' compensation law is not included on the list published by the Secretary, certain provisions of the Longshoremen's and Harbor Workers' Compensation Act shall be applicable. Authorizes the Secretary to enter into contracts with and make grants to public and private agencies and organizations and individuals for the construction, purchase, and operation of fixed site and mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive textile plant workers. Requires the Secretary to initiate research within the National Institute for Occupational Safety and Health, and authorizes the Secretary to make research grants to public and private agencies and organizations and individuals for the purpose of devising a simple and effective test to measure, detect, and treat respiratory and pulmonary impairments in active and inactive textile plant workers.

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1 official file

• Introduced in Senate

  summary · EN · 7 February 1979

  Open at official source

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