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.