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High Risk Occupational Disease Notification and Prevention Act of 1987

Introduced: January 6, 1987 See on congress.gov
 Everywhere this bill has been 33 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 20, 1987
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 382.
Oct 15, 1987
Passed House (Amended) by Yea-Nay Vote: 225 - 186 (Record Vote No: 359).
Oct 15, 1987
Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 225 - 186 (Record Vote No: 359).
Oct 15, 1987
House Agreed to Amendments Adopted by the Committee of the Whole.
Oct 15, 1987
Committee Amendment in the Nature of a Substitute Considered as an Original Bill for the Purpose of Amendment.
Oct 14, 1987
Considered by House Unfinished Business.
Oct 14, 1987
Called up by House by Rule.
Oct 14, 1987
Rule Passed House.
Oct 8, 1987
Executive Comment Received From USDA.
Oct 7, 1987
Unfavorable Executive Comment Received From ,Council of Economic Advisors.
Oct 7, 1987
Unfavorable Executive Comment Received From Labor, HHS, Justice, Commerce, USDA, SBA.
Oct 7, 1987
Unfavorable Executive Comment Received From , Council of Economic Advisors.
Oct 7, 1987
Executive Comment Received From Labor, HHS, Justice, Commerce, USDA, SBA.
Oct 6, 1987
Committee on Rules Granted an Open Rule Providing One and One-half Hours of General Debate.
Jul 14, 1987
Unfavorable Executive Comment Received From Labor, HHS, Justice, Commerce, SBA.
Jun 26, 1987
Placed on Union Calendar No: 117.
Jun 26, 1987
Reported to House (Amended) by House Committee on Education and Labor. Report No: 100-194.
May 19, 1987
Ordered to be Reported (Amended).
May 19, 1987
Committee Consideration and Mark-up Session Held.
May 11, 1987
Unfavorable Executive Comment Received From HHS, Labor, Justice.
May 11, 1987
Unfavorable Executive Comment Received From Labor.
Apr 23, 1987
Forwarded by Subcommittee to Full Committee (Amended).
Apr 23, 1987
Subcommittee Consideration and Mark-up Session Held.
Apr 8, 1987
Subcommittee Hearings Held.
Mar 31, 1987
Subcommittee Hearings Held.
Mar 26, 1987
Subcommittee Hearings Held.
Mar 24, 1987
Subcommittee Hearings Held.
Mar 17, 1987
Executive Comment Received From HHS.
Mar 17, 1987
Subcommittee Hearings Held.
Mar 16, 1987
Executive Comment Requested from Labor.
Feb 23, 1987
Referred to Subcommittee on Health and Safety.
Jan 6, 1987
Referred to House Committee on Education and Labor.
Jan 6, 1987
Introduced in House
 Plain-English summary Congressional Research Service

High Risk Occupational Disease Notification and Prevention Act of 1987 - Establishes a Risk Assessment Board, within the Department of Health and Human Services (HHS), to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) identify and designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures; and (3) develop a form and method of notification to be used by employers, the Secretary of HHS, and agents of the Secretary to notify the designated population at risk. Sets forth factors which the Board must consider in identifying such populations at risk.

Gives priority to Board review of employee populations exposed to hazardous occupational exposures whose members are most likely to be helped, either through medical intervention or through counseling on personal health habits. Directs the Board, in making this determination, to consider: (1) exposures for which there exists a permanent standard under specified provisions of the Occupational Safety and Health Act of 1970; and (2) the extent of medical monitoring and surveillance already available to employee populations covered by the permanent standards.

Sets forth procedures for Board identification of populations at risk and recommendations to the Secretary that individuals within that population be notified.

Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk, and his or her respective employer. Directs the Secretary, in addition, to use public service announcements and other appropriate means of notification.

Directs the Secretary to establish procedures for notifying persons who have been subjects of epidemiological studies which demonstrate findings of increased risk of occupational disease, and which were conducted by an agency within the Department of HHS. Requires such notification procedures to be included in all future epidemiological studies by such an agency.

Sets forth the required contents of such notification, including counseling information.

Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, in order to provide additional medical and scientific information concerning the nature of the risk and its associated disease.

Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate.

Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any: (1) Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification; and (2) employer records, insofar as Federal access is provided under the Occupational Safety and Health Act of 1970 and the Mine Safety and Health Act of 1977.

Authorizes the Secretary to certify a private employer or a State or local government to conduct worker notification, but prohibits access to Federal information by such employers or governments.

Relieves the Secretary and any agents of the Secretary from liability for monetary damages with respect to omissions or acts in the notification process.

Provides for petition to the appropriate U.S. Court of Appeals by any person adversely affected or aggrieved by the Secretary's determination under this Act that a given class or category of employees is a population at risk.

Directs the Secretary, within 90 days after the effective date of this Act, to establish and certify ten health centers. Requires such centers to be selected from among education resource centers of the National Institute for Occupational Safety and Health and similar facilities of the National Institute for Environmental Health Sciences, the National Cancer Institute, and other private and governmental organizations that apply for such designation. Directs the Secretary, within five years of such effective date, to establish and certify additional health centers so as to obtain no less than one center per State. Requires the centers to provide: (1) education, training, and technical assistance to personal physicians and social service professionals who serve employees notified; and (2) research resources, diagnosis, treatment, medical monitoring, and family services for employees notified. Directs the Secretary to reimburse the centers for the cost of developing a training program and procuring specialized equipment.

Directs the Secretary to make grants to health centers, universities, and other organizations to conduct research, training, and education aimed at improving the means of medically assisting employees exposed to environmental health hazards and the means of identifying worker populations exposed to such hazards. Authorizes the Secretary to engage the services of experts and consultants.

Requires any employer who receives a notification that one or more of its current employees is in a population at risk to certify to the Secretary that the appropriate testing, evaluation, and medical monitoring requested by such employees will be provided or made available by the employer: (1) at no cost to the employee, if any part of such exposure occurred during employment by that employer; or (2) at a charge not exceeding the cost to the employer, if no part of such exposure occurred during employment by that employer.

Prohibits the discharge of or discrimination against any employee who is or has been a member of a population at risk.

Prohibits benefit reductions for employees temporarily or permanently transferred to less hazardous or nonexposed jobs.

Provides for review of complaints of employees aggrieved by violations of such provisions. Provides for reinstatement and other relief for such employees. Provides for civil penalties for violations of such provisions.

Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act.

Provides that notification that an employee is in a population at risk and the initiation of medical evaluation and monitoring shall not constitute or in any way affect a claim for compensation, loss, or damage arising out of the hazardous occupational exposure, but allows the results of such evaluation and monitoring to be introduced as evidence. Provides that such notification shall not commence the tolling of any statute of limitations with respect to filing a timely claim.

Authorizes appropriations for FY 1988 and 1989 to carry out this Act.

What's happening now October 20, 1987

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 382.

 Committees of jurisdiction 2