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| 2 | 2 | | SENATE DOCKET, NO. 1663 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1176 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Paul R. Feeney |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to occupational presumption and COVID-19. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkAdam Scanlon14th Bristol1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023James K. Hawkins2nd Bristol1/30/2023Thomas M. Stanley9th Middlesex2/3/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023James B. EldridgeMiddlesex and Worcester2/10/2023Vanna Howard17th Middlesex3/1/2023 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1663 FILED ON: 1/19/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1176 |
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| 18 | 18 | | By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1176) of Paul R. Feeney, Adam |
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| 19 | 19 | | Scanlon, Jack Patrick Lewis, James K. Hawkins and other members of the General Court for |
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| 20 | 20 | | lelgislation relative to occupational presumption regarding healthcare workers and COVID-19. |
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| 21 | 21 | | Labor and Workforce Development. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE SENATE, NO. 1194 OF 2021-2022.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
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| 27 | 27 | | (2023-2024) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act relative to occupational presumption and COVID-19. |
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| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 31 | 31 | | of the same, as follows: |
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| 32 | 32 | | 1 SECTION 1. For purposes of this Act, the following terms shall have the following |
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| 33 | 33 | | 2meanings:- |
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| 34 | 34 | | 3 “State of emergency”, the state of emergency called by Executive Order No. 591 dated |
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| 35 | 35 | | 4March 10, 2020 concerning the health care crisis caused by the COVID-19 virus, along with any |
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| 36 | 36 | | 5subsequent states of emergency that may be declared by the Commonwealth from time to time or |
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| 37 | 37 | | 6at any time due to health care concerns raised by the COVID-19 virus. |
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| 38 | 38 | | 7 SECTION 2. Chapter 34 of Section 152 of the general laws is hereby amended by |
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| 39 | 39 | | 8inserting the following language after the second paragraph of said Chapter: 2 of 3 |
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| 40 | 40 | | 9 Notwithstanding any general or special law, rule or regulation to the contrary, any |
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| 41 | 41 | | 10frontline healthcare worker, working in a healthcare facility or in the community, who has |
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| 42 | 42 | | 11symptoms of or otherwise becomes infected with or is suspected to be infected with COVID-19 |
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| 43 | 43 | | 12on or before June 15, 2021 that results in a period of hospitalization, quarantine, or requires self- |
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| 44 | 44 | | 13quarantine measures as a result of being infected or coming into contact with someone who is |
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| 45 | 45 | | 14infected with the COVID-19 virus, shall have their medical condition or incapacity to work |
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| 46 | 46 | | 15presumed to be work-related and constitute a per se qualification for protection under this |
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| 47 | 47 | | 16Section, without application of any waiting period. |
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| 48 | 48 | | 17 At no time shall said frontline healthcare worker be required to use said frontline |
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| 49 | 49 | | 18healthcare worker’s accrued sick time, vacation time, personal time or any other contractual |
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| 50 | 50 | | 19time-off to cover said period of incapacitation or inability to perform regular duty work. |
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| 51 | 51 | | 20 SECTION 3. The employer shall allow the healthcare worker to return to the worker’s |
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| 52 | 52 | | 21previous position of employment when the period of quarantine, self-quarantine, recovery, or |
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| 53 | 53 | | 22hospitalization is concluded. |
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| 54 | 54 | | 23 SECTION 4. The provisions of Sections 23 and 24 of Chapter 152 do not apply to claims |
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| 55 | 55 | | 24brought under this Act, unless the employer demonstrates compliance with all relevant and active |
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| 56 | 56 | | 25orders and advisories of the Governor of the Commonwealth concerning workplace safety |
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| 57 | 57 | | 26restrictions during the state of emergency, such as, but not limited to, the provision to healthcare |
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| 58 | 58 | | 27workers of appropriate Personal Protective Equipment and appropriate safe distancing |
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| 59 | 59 | | 28opportunities. 3 of 3 |
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| 60 | 60 | | 29 SECTION 5. This act shall be in force to protect healthcare workers who are exposed to |
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| 61 | 61 | | 30the COVID-19 virus or are advised to quarantine or self-quarantine by any health official during |
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| 62 | 62 | | 31the state of emergency. |
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| 63 | 63 | | 32 SECTION 6. An healthcare worker who chooses not to return to work for an essential |
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| 64 | 64 | | 33employer due to a good-faith concern that the worker may be exposed to the COVID-19 virus |
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| 65 | 65 | | 34will be considered eligible for benefits under Chapter 151A as if the essential worker had been |
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| 66 | 66 | | 35constructively discharged. |
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