By: Hinojosa H.B. No. 4445
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements regarding worksite exposures to
illness related to public health emergencies; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter
104A to read as follows:
CHAPTER 104A. REQUIREMENTS RELATED TO CASES AND EXPOSURE AT
WORKSITES RELATED TO A PUBLIC HEALTH EMERGENCY
Sec. 104A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Public health emergency" means a determination by
the commissioner of the Department of State Health Services,
evidenced in an emergency order issued by the commissioner, that
there exists an immediate threat from a communicable disease,
health condition, or chemical, biological, radiological, or
electromagnetic exposure that:
(A) potentially poses a risk of death or severe
illness or harm to the public; and
(B) potentially creates a substantial risk of
harmful exposure to the public.
(3) "Department" means the Department of State Health
Services.
(4) "Employee" means an individual who is employed by
an employer for compensation.
(5) "Employer" means a person who employs one or more
employees. The term includes a public employer.
(6) "Infected individual" means an individual who:
(A) has a laboratory-confirmed illness related
to a public health emergency; or
(B) is ordered by a local health authority, the
department, or another governmental entity to isolate or quarantine
due to exposure to a disease, health condition, or other illness
related to a public health emergency; or
(C) dies and whose cause of death is determined
to be related to a disease, health condition, or other illness
related to a public health emergency.
Sec. 104A.002. NOTICE TO EMPLOYEES AND SUBCONTRACTORS
REGARDING POTENTIAL EXPOSURE RELATED TO A PUBLIC HEALTH EMERGENCY.
(a) Not later than the next calendar day that the employer's
worksite is open to employees after the date an employer becomes
aware that an infected individual was present at the employer's
worksite while infectious, including through receiving notice from
an infected employee or the employee's emergency contact, a
subcontractor, a health care provider, or a local health authority,
the employer shall:
(1) provide written notice of potential exposure to
any employee, and the employer of any subcontractor, who was
present in the same area of the worksite at any time the infected
individual was present;
(2) provide to each employee described by Subdivision
(1) written information regarding any:
(A) public health emergency-related benefits to
which the employee may be entitled under state or federal law,
including workers' compensation benefits;
(B) types of leave which may be available to the
employee under state and federal law, which may include public
health emergency-related leave, sick leave, state-mandated leave,
and supplemental sick leave; and
(C) applicable anti-retaliation and
anti-discrimination protections; and
(3) provide to all employees and to employers of any
subcontractors information regarding the disinfection of the
worksite and the employer's safety plan under any state or federal
public health emergency guidelines established.
(b) An employer shall provide the notice required under
Subsection (a)(1):
(1) in English, Spanish, and any other language spoken
by a substantial portion of the employees and subcontractors at the
employer's worksite; and
(2) in a manner that can reasonably be anticipated to
be received not later than the next calendar day after the date the
employer sends the notice, including by delivering the notice in
person or by e-mail or text message.
(c) An employer shall maintain records of the notices
provided under this section for at least one year.
Sec. 104A.003. REPORT REGARDING PUBLIC HEALTH
EMERGENCY-RELATED WORKSITE OUTBREAK. (a) This section does not
apply to a health care facility, as defined by Section 108.002,
Health and Safety Code.
(b) Not later than 48 hours after the time an employer
becomes aware that the number of illnesses or cases related to a
public health emergency at the employer's worksite constitutes a
worksite outbreak, as determined by the rules adopted under Section
104A.009, the employer shall report the outbreak to the applicable
local health authority and provide to the health authority:
(1) the name, phone number, occupation, and worksite
location of each employee who is an infected individual;
(2) the employer's business address; and
(3) the North American Industry Classification System
(NAICS) code for the worksite at which the infected individuals
work.
(c) After making a report to a local health authority under
Subsection (b) regarding a worksite, an employer must report to the
health authority any subsequent illnesses or cases related to the
public health emergency at the worksite immediately after the
employer becomes aware of the cases.
Sec. 104A.004. PUBLIC INFORMATION ABOUT PUBLIC HEALTH
EMERGENCY-RELATED WORKSITE OUTBREAKS. (a) A local health
authority shall promptly provide to the department any information
reported by an employer to the health authority under Section
104A.003.
(b) The department shall post on the department's Internet
website the information received from local health authorities
under Section 104A.003 in a manner that allows the public to track
the number and frequency of public health emergency-related
worksite outbreaks and the number of public health
emergency-related illnesses or cases and worksite outbreaks by
industry.
(c) The commission shall include on the commission's
publicly accessible Internet website a clearly marked direct link
to the information posted by the department under Subsection (b).
Sec. 104A.005. CONFIDENTIALITY OF EMPLOYEE INFORMATION.
Personally identifiable employee information collected under this
chapter is confidential, is not subject to Chapter 552, Government
Code, and may not otherwise be released or made public by any
person.
Sec. 104A.006. EMPLOYEE DISCLOSURE OF MEDICAL INFORMATION.
In complying with this chapter, an employer may not require an
employee to disclose medical information unless otherwise required
by state or federal law.
Sec. 104A.007. RETALIATION PROHIBITED; COMPLAINT;
ENFORCEMENT. (a) An employer may not take retaliatory personnel
action or otherwise discriminate against an employee because the
employee discloses a positive public health emergency-related
diagnostic test, a diagnosis of an illness or case related to a
public health emergency, or an order to quarantine or isolate due to
an illness or case related to a public health emergency.
(b) An individual aggrieved by a violation of this section
may file a complaint with the commission. A complaint filed under
this section is subject to Subchapters E and F, Chapter 21.
(c) The commission shall enforce this section in the manner
prescribed by Chapter 21 for a violation of that chapter.
Sec. 104A.008. ENFORCEMENT OF CERTAIN NOTICE REQUIREMENTS;
CIVIL PENALTY. (a) An employer who violates Section
104A.002(a)(1) or (3) is subject to a civil penalty not to exceed
$10,000 for each violation.
(b) A civil penalty may be recovered in a suit brought by the
attorney general, a district attorney, or a county attorney.
Sec. 104A.009. RULES; FORMS. (a) The executive
commissioner of the Health and Human Services Commission shall
adopt rules for determining the number of cases that constitute a
public health emergency-related worksite outbreak for purposes of
Section 104A.003 based on the number of employees and
subcontractors usually at the worksite.
(b) The department shall develop and make available
standardized forms for providing the notice required under Section
104A.002 and the report required under Section 104A.003.
SECTION 2. This Act takes effect September 1, 2021.