legislation: 99-s-2050
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| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
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| 99-s-2050 | 99 | s | 2050 | High Risk Occupational Disease Notification and Prevention Act of 1986 | Labor and Employment | 1986-02-05 | 1986-05-15 | Subcommittee on Labor. Hearings held. | Senate | Sen. Metzenbaum, Howard M. [D-OH] | OH | D | M000678 | 19 | High Risk Occupational Disease Notification and Prevention Act of 1986 - Establishes a Risk Assessment Board, within the Department of Health and Human Services, to: (1) review scientific reports on the incidence of disease associated with employment; (2) report to the Secretary of Health and Human Services (the Secretary) on the state of current research on such diseases; and (3) designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures. Sets forth factors which the Board must consider in identifying such populations at risk. Directs the Board, within ten days of making a finding that a class or category of workers is a population at risk (30 percent greater incidence of disease than a comparable worker population not exposed to the hazardous occupational exposure), to recommend to the Secretary that individuals within such populations be notified. Prohibits the Board from considering economic feasibility in making such determinations. Gives priority for Board review to those employee populations exposed to hazardous occupational exposures for which there exists a permanent standard under the Occupational Safety and Health Act of 1970. Requires the Board to transmit to the Secretary its findings and recommendations on at least five of these employee populations within one year after the effective date of this Act. Requires the Board to provide interested persons with notice and opportunity to submit their views to the Board before making its findings and recommendations. Directs the Secretary to determine whether a class or category of employees is a population at risk based on the Board's findings and recommendations unless the Secretary concluded that: (1) the Board's procedures for notifying interested persons are not met; or (2) to do so will endanger the health or safety of a class or category of employees. Directs the Secretary, upon determination that a given class or category of employees is a population at risk of disease, to notify each individual within such population. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for such employees or their personal physicians 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. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in the records of: (1) any Federal agency solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification; and (2) certain employers already covered by laws or regulations authorizing Federal access to their records. Encourages the Secretary, in carrying out employee notification requirements, to cooperate with private employers and State and local health departments. Exempts the Secretary and the Secretary's agents from liability with respect to acts or omissions performed pursuant to such notification requirements. Provides for judicial review of determinations made by the Secretary under this Act. Requires the Secretary to establish and certify occupational and environmental health centers to 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. Directs the Secretary, through such centers, to conduct research, training, and education aimed at improving the means of identifying and monitoring medically employees exposed to occupational health hazards. Grants the Secretary in conducting such research, training, and education, access to employment, occupation, and health-related data maintained by Federal agencies. Authorizes the Secretary to employ experts and consultants. Prohibits discrimination by any employer, insurance carrier, 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. Prohibits any health care financing system from discriminating against an employee who has been notified by the Secretary under this Act in the payment of the costs associated with a medical monitoring program, or any subsequent treatment, including treatment required by a medical monitoring examination or the onset of disease. Sets forth procedures for review of discrimination complaints. Provides for reinstatement and specified compensation for employees who are discriminated against in violation of this Act. Sets forth civil penalties for persons or institutions that violate such discrimination prohibitions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Requires each health care financing system (including public and private health insurance programs, and the Medicare and Medicaid programs, and disability benefits under the Old Age, Survivors and Disability Insurance program) to provide appropriate testing, evaluation, and medical monitoring services to employees as required under this Act. Requires that the cost of testing, evaluation, and medical monitoring required by an employee as a result of hazardous occupational exposure and notification under this Act be included as a covered item in any health care financing system available to such employees through their employment or as an optional covered item for individual purchasers of health insurance. Provides that any treatment provided by a health care financing system to an employee for a subsequent disease that was subject to a notification under this Act may constitute an insurance subrogation claim against a workers' compensation program or insurance carrier. Provides that notification of risk to an employee under this Act and subsequent medical evaluation and monitoring shall not constitute or affect a workers' compensation claim, nor shall such notice toll any statute of limitations with respect to such a claim. Authorizes appropriations for FY 1986 and 1987. | 2025-08-29T16:32:54Z |