Texas 2021 - 87th Regular

Texas House Bill HB4445 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hinojosa H.B. No. 4445
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain requirements regarding worksite exposures to
7	7	illness related to public health emergencies; providing a civil
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 3, Labor Code, is amended by adding Chapter
11	11	104A to read as follows:
12	12	CHAPTER 104A. REQUIREMENTS RELATED TO CASES AND EXPOSURE AT
13	13	WORKSITES RELATED TO A PUBLIC HEALTH EMERGENCY
14	14	Sec. 104A.001. DEFINITIONS. In this chapter:
15	15	(1) "Commission" means the Texas Workforce
16	16	Commission.
17	17	(2) "Public health emergency" means a determination by
18	18	the commissioner of the Department of State Health Services,
19	19	evidenced in an emergency order issued by the commissioner, that
20	20	there exists an immediate threat from a communicable disease,
21	21	health condition, or chemical, biological, radiological, or
22	22	electromagnetic exposure that:
23	23	(A) potentially poses a risk of death or severe
24	24	illness or harm to the public; and
25	25	(B) potentially creates a substantial risk of
26	26	harmful exposure to the public.
27	27	(3) "Department" means the Department of State Health
28	28	Services.
29	29	(4) "Employee" means an individual who is employed by
30	30	an employer for compensation.
31	31	(5) "Employer" means a person who employs one or more
32	32	employees. The term includes a public employer.
33	33	(6) "Infected individual" means an individual who:
34	34	(A) has a laboratory-confirmed illness related
35	35	to a public health emergency; or
36	36	(B) is ordered by a local health authority, the
37	37	department, or another governmental entity to isolate or quarantine
38	38	due to exposure to a disease, health condition, or other illness
39	39	related to a public health emergency; or
40	40	(C) dies and whose cause of death is determined
41	41	to be related to a disease, health condition, or other illness
42	42	related to a public health emergency.
43	43	Sec. 104A.002. NOTICE TO EMPLOYEES AND SUBCONTRACTORS
44	44	REGARDING POTENTIAL EXPOSURE RELATED TO A PUBLIC HEALTH EMERGENCY.
45	45	(a) Not later than the next calendar day that the employer's
46	46	worksite is open to employees after the date an employer becomes
47	47	aware that an infected individual was present at the employer's
48	48	worksite while infectious, including through receiving notice from
49	49	an infected employee or the employee's emergency contact, a
50	50	subcontractor, a health care provider, or a local health authority,
51	51	the employer shall:
52	52	(1) provide written notice of potential exposure to
53	53	any employee, and the employer of any subcontractor, who was
54	54	present in the same area of the worksite at any time the infected
55	55	individual was present;
56	56	(2) provide to each employee described by Subdivision
57	57	(1) written information regarding any:
58	58	(A) public health emergency-related benefits to
59	59	which the employee may be entitled under state or federal law,
60	60	including workers' compensation benefits;
61	61	(B) types of leave which may be available to the
62	62	employee under state and federal law, which may include public
63	63	health emergency-related leave, sick leave, state-mandated leave,
64	64	and supplemental sick leave; and
65	65	(C) applicable anti-retaliation and
66	66	anti-discrimination protections; and
67	67	(3) provide to all employees and to employers of any
68	68	subcontractors information regarding the disinfection of the
69	69	worksite and the employer's safety plan under any state or federal
70	70	public health emergency guidelines established.
71	71	(b) An employer shall provide the notice required under
72	72	Subsection (a)(1):
73	73	(1) in English, Spanish, and any other language spoken
74	74	by a substantial portion of the employees and subcontractors at the
75	75	employer's worksite; and
76	76	(2) in a manner that can reasonably be anticipated to
77	77	be received not later than the next calendar day after the date the
78	78	employer sends the notice, including by delivering the notice in
79	79	person or by e-mail or text message.
80	80	(c) An employer shall maintain records of the notices
81	81	provided under this section for at least one year.
82	82	Sec. 104A.003. REPORT REGARDING PUBLIC HEALTH
83	83	EMERGENCY-RELATED WORKSITE OUTBREAK. (a) This section does not
84	84	apply to a health care facility, as defined by Section 108.002,
85	85	Health and Safety Code.
86	86	(b) Not later than 48 hours after the time an employer
87	87	becomes aware that the number of illnesses or cases related to a
88	88	public health emergency at the employer's worksite constitutes a
89	89	worksite outbreak, as determined by the rules adopted under Section
90	90	104A.009, the employer shall report the outbreak to the applicable
91	91	local health authority and provide to the health authority:
92	92	(1) the name, phone number, occupation, and worksite
93	93	location of each employee who is an infected individual;
94	94	(2) the employer's business address; and
95	95	(3) the North American Industry Classification System
96	96	(NAICS) code for the worksite at which the infected individuals
97	97	work.
98	98	(c) After making a report to a local health authority under
99	99	Subsection (b) regarding a worksite, an employer must report to the
100	100	health authority any subsequent illnesses or cases related to the
101	101	public health emergency at the worksite immediately after the
102	102	employer becomes aware of the cases.
103	103	Sec. 104A.004. PUBLIC INFORMATION ABOUT PUBLIC HEALTH
104	104	EMERGENCY-RELATED WORKSITE OUTBREAKS. (a) A local health
105	105	authority shall promptly provide to the department any information
106	106	reported by an employer to the health authority under Section
107	107	104A.003.
108	108	(b) The department shall post on the department's Internet
109	109	website the information received from local health authorities
110	110	under Section 104A.003 in a manner that allows the public to track
111	111	the number and frequency of public health emergency-related
112	112	worksite outbreaks and the number of public health
113	113	emergency-related illnesses or cases and worksite outbreaks by
114	114	industry.
115	115	(c) The commission shall include on the commission's
116	116	publicly accessible Internet website a clearly marked direct link
117	117	to the information posted by the department under Subsection (b).
118	118	Sec. 104A.005. CONFIDENTIALITY OF EMPLOYEE INFORMATION.
119	119	Personally identifiable employee information collected under this
120	120	chapter is confidential, is not subject to Chapter 552, Government
121	121	Code, and may not otherwise be released or made public by any
122	122	person.
123	123	Sec. 104A.006. EMPLOYEE DISCLOSURE OF MEDICAL INFORMATION.
124	124	In complying with this chapter, an employer may not require an
125	125	employee to disclose medical information unless otherwise required
126	126	by state or federal law.
127	127	Sec. 104A.007. RETALIATION PROHIBITED; COMPLAINT;
128	128	ENFORCEMENT. (a) An employer may not take retaliatory personnel
129	129	action or otherwise discriminate against an employee because the
130	130	employee discloses a positive public health emergency-related
131	131	diagnostic test, a diagnosis of an illness or case related to a
132	132	public health emergency, or an order to quarantine or isolate due to
133	133	an illness or case related to a public health emergency.
134	134	(b) An individual aggrieved by a violation of this section
135	135	may file a complaint with the commission. A complaint filed under
136	136	this section is subject to Subchapters E and F, Chapter 21.
137	137	(c) The commission shall enforce this section in the manner
138	138	prescribed by Chapter 21 for a violation of that chapter.
139	139	Sec. 104A.008. ENFORCEMENT OF CERTAIN NOTICE REQUIREMENTS;
140	140	CIVIL PENALTY. (a) An employer who violates Section
141	141	104A.002(a)(1) or (3) is subject to a civil penalty not to exceed
142	142	$10,000 for each violation.
143	143	(b) A civil penalty may be recovered in a suit brought by the
144	144	attorney general, a district attorney, or a county attorney.
145	145	Sec. 104A.009. RULES; FORMS. (a) The executive
146	146	commissioner of the Health and Human Services Commission shall
147	147	adopt rules for determining the number of cases that constitute a
148	148	public health emergency-related worksite outbreak for purposes of
149	149	Section 104A.003 based on the number of employees and
150	150	subcontractors usually at the worksite.
151	151	(b) The department shall develop and make available
152	152	standardized forms for providing the notice required under Section
153	153	104A.002 and the report required under Section 104A.003.
154	154	SECTION 2. This Act takes effect September 1, 2021.