High Risk Occupational Disease Notification and Prevention Act

Summary

High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services, to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Directs the Board, in making determinations, and the National Institute for Occupational Safety and health (NIOSH), in giving or coordinating notification, to notify as many employees at risk of disease as appropriations and the best available scientific evidence permit. Directs the Secretary to include a detailed explanation of the reasons for the notification determinations in a specified report. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through NIOSH, to direct the required notification. Provides for telephone "hot lines" and other dissemination of information. Provides for judicial review of Board determinations. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Requires, in the case of employees not currently exposed, that notification be transmitted to each employee in the designated population at risk of disease who was exposed to the occupational health hazard within 30 years prior to the date of notification. Requires individual notification, but where this is not reasonably possible, requires the notifying entity to make use of public service announcements and other appropriate means of notification. Requires individual notification in the case of employees currently exposed or, where that is not reasonably possible, public service announcements. Allows an employer to apply to NIOSH for a variance exempting that employer's employees from designation as a population at risk, if the existence of significant mitigating factors can be proven. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and other professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring for such employees. Directs NIOSH to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes NIOSH to engage the services of experts and consultants. Amends the Public Health Service Act to authorize the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1990 through 1992, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer at no additional cost to the employee if any part of the exposure occurred in the course of employment by that employer. Provides that the employee may be required to meet deductibles or copayments if such monitoring is through an existing employer health plan. Requires employers to provide monitoring for employees who are notified individually under this Act or who the employer has reason to know are members of the population at risk. Sets forth special rules for medical monitoring. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Requires such transfer to be made if within ten working days after the employee has exercised the option and transmitted to the employer a copy of the initial determination and the employer's medical representative has not requested independent reconsideration of such determination. Provides that the employer, in providing such alternative work assignment, shall not be required to: (1) violate the terms of any collective bargaining agreement; or (2) displace, lay off, or terminate any other employee. Sets forth procedures for independent reconsideration of the initial medical determination. Requires an employer to provide medical removal protection only for employees who are notified individually under this Act or who the employer has reason to know are members of a population at risk. Sets forth special rules for medical removal. Exempts from the requirement of medical removal protection any employer who has 100 or fewer employees in 1989 through 1990, and thereafter 50 or fewer, and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer to remove an employee to a less hazardous or nonexposed job if this is determined to be medically necessary and if earnings, seniority, and other employment rights and benefits are maintained. Allows an employer with 100 or fewer employees in 1989 through 1990, and thereafter with 50 or fewer, to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Makes medical removal protection provisions inapplicable to seasonal agricultural workers, but provides for medical monitoring of such workers. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Directs the Secretary to require recordkeeping, by NIOSH or by employers certified to notify employees, necessary to monitor the numbers, types, and results of notification under this Act. Authorizes the Secretary to bring an action in U.S. district court to enjoin an employer from violating this Act. Authorizes the Secretary to bring an action in U.S. district court against an employer certified to notify employees for any act or omission that is a knowing or reckless violation of this Act. Sets forth civil penalties for such violations. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Prohibits actions against physicians for good faith determinations under medical removal provisions. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary to report annually to the Congress on the implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiologic studies on occupational disease to establish procedures for notifying subjects of such studies of the findings, including specified information if the subjects are at risk of disease. Directs the Secretary to prescribe regulations necessary to carry out this Act. Authorizes appropriations for FY 1990 through 1992.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 15 March 1989

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.