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United States · Bill · S

S. 79 (100th)

High Risk Occupational Disease Notification and Prevention Act of 1987

openUnited States· United States Congress· EN

Introduced

6 January 1987

Last action

Status

Returned to the Calendar. Calendar No. 324.

Sponsors

Subjects

Discovery layer

Source updated

21 April 2025

Summary

High Risk Occupational Disease Notification and Prevention Act of 1987 - Establishes a Risk Assessment Board, within the Department of Health and Human Services, to: (1) review current medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate those populations at risk of such disease that should receive notification; and (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary). Sets forth factors which the Board must consider in identifying and designating such populations at risk. Sets forth procedures for notice of proposed determinations. Directs the Board to notify or coordinate notification of at least 100,000 employees per year, and to make every reasonable effort to do so for at least 300,000 employees per year. 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. Sets forth contents of such notification, including counseling information. 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, in the case of employees currently exposed, both individual notification and prominent warnings posted at the worksite. Requires specified data to be included in the notification where employers are subject to a hazard communication standard. 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 social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, medical monitoring, and family services for such employees. Directs the Board to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and providing medical assistance to such employees. Authorizes the Board to engage the services of experts and consultants. Requires schools of medicine, in order to receive Federal financial assistance, to offer a course of study on occupational diseases. Requires, for any employee notified, that the recommended testing, evaluation, and medical monitoring be made available by the current employer: (1) at no cost to the employee if any part of such exposure occurred in the course of the employee's employment by that employer; and (2) at cost if no part of such exposure occurred during that time. Prohibits discrimination by any employer or any other person against any employee on the basis that the employee is or has been a member of a population that the Secretary has determined to be at risk. Requires that the employee retain the same earnings, seniority, and benefits as in the former job if it is medically determined that the employee should be transferred to a less hazardous or non-exposed job. Sets forth enforcement authority under this Act including injunctive relief, reinstatement and other relief, and civil penalties. Directs the Secretary of Labor to report to the Congress annually regarding implementation and enforcement of the hazard communication standard. Directs the Secretary to report to the Congress annually regarding implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiological studies on occupational disease to establish procedures for notifying the subjects of such studies of findings demonstrating that they are part of a population at risk of disease. Authorizes appropriations for FY 1988 and 1989, setting aside a specified amount for research.

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2 official files

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