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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

  


     

e-mail: cmills@ pawcnote.state.pa.us

Claims Information Helpline: (800) 482-2383

Employer Services Helpline: (717) 772-3702

Information for People with Hearing and Speech Loss (TTY): (800) 362-4228 PRINTER'S NO. 1990

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1633 Session of 2001

INTRODUCED BY PERZEL, THOMAS, READSHAW, ARMSTRONG, BASTIAN,

BUNT, CAPPELLI, L. I. COHEN, CREIGHTON, DiGIROLAMO, FEESE,

FLICK, GANNON, LEWIS, McILHATTAN, NAILOR, O'BRIEN, ROSS,

SATHER, J. TAYLOR, WOGAN, BISHOP, BUTKOVITZ, CORRIGAN, DIVEN,

FRANKEL, M. BAKER, KENNEY, HUTCHINSON, HARHAI, KAISER,

KELLER, LAUGHLIN, MANN, MAYERNIK, McGEEHAN, SOLOBAY, SURRA,

TIGUE, WATERS, SEMMEL, SAYLOR, J. EVANS, WOJNAROSKI, DALEY,

LESCOVITZ, COY, BROWNE, ALLEN, McCALL AND DALLY, MAY 21, 2001

REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 21, 2001

AN ACT

1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as

2 reenacted and amended, "An act defining the liability of an

3 employer to pay damages for injuries received by an employe

4 in the course of employment; establishing an elective

5 schedule of compensation; providing procedure for the

6 determination of liability and compensation thereunder; and

7 prescribing penalties," further defining "occupational

8 disease."

9 The General Assembly of the Commonwealth of Pennsylvania

 


10 hereby enacts as follows:

11 Section 1. Section 108(m) of the act of June 2, 1915

12 (P.L.736, No.338), known as the Workers' Compensation Act,

13 reenacted and amended June 21, 1939 (P.L.520, No.281) and

14 amended July 9, 1976 (P.L.935, No.180), is amended to read:

15 Section 108. The term "occupational disease," as used in

16 this act, shall mean only the following diseases.

17 * * *

  1. (m) Tuberculosis, serum hepatitis [or], infectious hepatit

1 or hepatitis C in the occupations of blood processors,

2 fractionators, nursing, or auxiliary services involving exposure

3 to such diseases or in law enforcement occupations involving 4 both the legal power to arrest and exposure to such diseases.

5 * * *

6 Section 2. This act shall take effect in 60 days.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E17L77DMS/20010H1633B1990 - 2 –

 

 

 

 

Query occupational diseases against document HOUSE BILL 1393 P.N. 1639

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HOUSE BILL 1393 P.N. 1639 PRINTER'S NO. 1639 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

No. 1393 Session of 2001

INTRODUCED BY BELFANTI, HARHAI, WANSACZ, DeWEESE, GEORGE, BELARDI, CALTAGIRONE, SHANER, JOSEPHS, HORSEY, SANTONI, BEBKO-JONES, WOJNAROSKI, MANN, GRUCELA, BROWNE, McCALL, MICHLOVIC, DeLUCA, ROONEY, WALKO, PETRARCA, MELIO, LAUGHLIN, TRELLO, CRUZ, YUDICHAK, SURRA, SOLOBAY, THOMAS, C. WILLIAMS, CURRY, EACHUS, JAMES, STEELMAN AND KIRKLAND, APRIL 24, 2001 REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 24, 2001 AN ACT 1 Relating to occupational health clinics; providing for the 2 Secretary of Labor and Industry to make grants to public and 3 nonprofit organizations to facilitate the development of 4 occupational health clinics, for qualifications for grants, 5 for the Secretary of Labor and Industry to make grants to 6 auxiliary occupational health clinics, for the collection of 7 data concerning occupational illnesses and injuries and for 8 investigation and surveillance of hazards in health 9 emergencies; establishing the Occupational Health Clinic 10 Advisory Committee; and making an appropriation. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Short title. 14 This act shall be known and may be cited as the Occupational 15 Health Clinics Act. 16 Section 2. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Auxiliary occupational health clinic." A hospital or other 1 medical facility which is approved by the Secretary of Labor and 2 Industry in accordance with rules or regulations adopted under 3 this act and which operates a corporate medicine program or an 4 employee wellness program which includes any of the following: 5 (1) Routine commercial activities, such as preemployment 6 examinations. 7 (2) Mandated examinations, such as Federal Occupational 8 Safety and Health Administration examinations. 9 (3) Routine workers' compensation cases. 10 (4) Routine medical evaluations involving establishment 11 of product liability. 12 (5) Evaluations consigned to independent medical 13 examiners. 14 (6) Employee physical programs. 15 (7) Employee wellness programs. 16 (8) Employee drug-testing programs. 17 "Committee." The Occupational Health Clinic Advisory 18 Committee. 19 "Department." The Department of Labor and Industry of the 20 Commonwealth. 21 "Health hazard evaluation." A study of a particular 22 workplace or community performed by an interdisciplinary team of 23 occupational health professionals to determine whether there is 24 a health hazard to workers caused by exposure to toxic chemicals 25 or physical agents in the environment. 26 "Occupational disease." A disease that is peculiar to an 27 occupation in which an employee was or is engaged and which is 28 due to causes, in excess of the ordinary hazards of employment, 29 which are attributable to the occupation, and that includes, but 30 is not limited to: 20010H1393B1639 - 2 - 1 (1) A disease due or attributable to exposure to or 2 contact with any radioactive material by an employee in the 3 course of the employee's employment. 4 (2) Poisoning from lead, phosphorus, arsenic, brass, 5 wood alcohol or mercury or their compounds or from anthrax or 6 compressed air illness. 7 (3) Any other disease, contracted as a result of the 8 employment of a person, which is due to toxic or hazardous 9 chemicals, materials, gases or other substances identified by 10 the United States Department of Labor under occupational 11 safety and health standards contained in 29 CFR Parts 1911- 12 1925 (relating to Occupational Safety and Health 13 Administration, Department of Labor). 14 "Occupational health clinic." A public or nonprofit medical 15 facility providing diagnosis, treatment and preventative 16 services for patients with << occupational diseases>> which is 17 licensed by the Commonwealth for those purposes. These services 18 include, but are not limited to, outpatient care, medical 19 surveillance, data collection and the assessment of workplace 20 exposure. 21 "Occupational physician." Any doctor licensed to practice 22 medicine in this Commonwealth and found to be qualified to 23 practice occupational medicine by the American Board of 24 Preventive Medicine. 25 "OSHA." The Federal Occupational Safety and Health 26 Administration. 27 "Secretary." The Secretary of Labor and Industry of the 28 Commonwealth. 29 "Surveillance." The detection by epidemiologic means of 30 disease states or significant laboratory abnormalities, the 20010H1393B1639 - 3 - 1 interpretation of existing data or the active pursuit of new 2 data and disease associations. The term does not include 3 preemployment-related physicals, insurance examinations or other 4 data collection activities of a purely commercial nature. The 5 term may incorporate the experience of other states and may 6 include technical support available through the National 7 Institute for Occupational Safety and Health. 8 Section 3. Grants-in-aid to occupational health clinics. 9 (a) General rule.--The secretary, in consultation with the 10 Secretary of Health, shall encourage the development of 11 occupational health clinics by making grants-in-aid to public 12 and nonprofit organizations, subject to the following: 13 (1) The grants-in-aid shall be used to facilitate the 14 development and operation of the clinics, including, but not 15 limited to, preproject development, site acquisition, 16 development, improvement and operating expenses. 17 (2) The grants-in-aid may be used for activities 18 involved in occupational disease evaluation, treatment and 19 prevention, particularly when these activities are not 20 compensated by other sources. Grants-in-aid may also be used 21 for conducting health hazard evaluations. 22 (3) No grants-in-aid shall be used to compensate any 23 occupational health clinic for any activities which could be 24 included in a corporate medicine or employee wellness 25 program, as described in section 2. 26 (4) The secretary shall consult with the committee 27 before making any grant-in-aid. 28 (b) Qualifications.--For a public or nonprofit organization 29 to qualify for a grant-in-aid under this act, the occupational 30 health clinic to be operated shall meet all of the following 20010H1393B1639 - 4 - 1 criteria: 2 (1) Clinical directorship by a board-certified or board- 3 eligible occupational health physician. 4 (2) Membership in, application to or plans for 5 application to the Association of Occupational and 6 Environmental Clinics. 7 (3) Availability of industrial hygiene or related 8 services. 9 (4) Current involvement in or willingness to assist in 10 the training of occupational health professionals. 11 (5) Agreement to work with the department and the 12 Department of Health to reduce the burden of occupational 13 disease. 14 (6) Provision of assistance and medical consultative 15 services to the department and OSHA. 16 (7) Cooperation with the department, the Department of 17 Health and the Insurance Department to transfer granted 18 occupational medicine costs to appropriate insurance and 19 other private funding mechanisms. 20 (8) Agreement to attempt to educate medical 21 professionals on use of the surveillance system. 22 (9) Agreement to compile and report surveillance data. 23 (10) Cooperation with the department, the Department of 24 Health and the Insurance Department to carry out the purposes 25 of this act. 26 Section 4. Grants-in-aid for auxiliary occupational health 27 clinics. 28 The secretary, in consultation with the Secretary of Health, 29 shall encourage the development of auxiliary occupational health 30 clinics by making grants-in-aid to auxiliary occupational health 20010H1393B1639 - 5 - 1 clinics, subject to the following: 2 (1) The grants-in-aid shall be used to compensate 3 auxiliary clinics for the costs associated with the reporting 4 of data under section 5. 5 (2) No grants-in-aid shall be used to compensate any 6 auxiliary clinic for any activities which could be included 7 in a corporate medicine or employee wellness program, as 8 described in section 2. 9 (3) The secretary shall consult with the committee 10 before making any grant-in-aid. 11 Section 5. Collection of data regarding occupational illnesses 12 and injuries. 13 (a) General rule.--The department shall receive and 14 coordinate data from occupational health clinics, auxiliary 15 occupational health clinics and other data bases and medical 16 sources concerning occupational illnesses and injuries at 17 various sites and related to various occupations. 18 (b) Data sources.--The department shall coordinate data 19 collection activities from current available and competent 20 sources, from new sources and from occupational health clinics 21 and auxiliary occupational health clinics and shall educate 22 unions, employers and individual workers on use of the 23 surveillance system. Data collection and reporting shall be in a 24 form which is consistent with the system used by the United 25 States Centers for Disease Control. 26 (c) Annual summary.--The department shall make available at 27 least annually to the public, the General Assembly, the 28 Department of Health, the Insurance Department and OSHA a 29 summary of the data collected under this section. 30 Section 6. Implementation of investigating studies or 20010H1393B1639 - 6 - 1 surveillance in emergency situations. 2 (a) General rule.--In the event of recognition of a health 3 emergency, suggested disease cluster or imminent hazard, the 4 department and the Department of Health, upon their own 5 initiatives or upon notice from an occupational health clinic or 6 auxiliary occupational health clinic, may initiate site-specific 7 hazard evaluations, industrywide epidemiologic and industrial 8 hygiene studies or other surveillance activities. The 9 investigatory studies or surveillance shall be conducted in full 10 cooperation with local public health officials. 11 (b) Procedure.-- 12 (1) The department and the Department of Health are 13 authorized to make such evaluations and studies and to 14 conduct such other surveillance activities and in furtherance 15 thereof to interview employees onsite, to conduct onsite 16 inspections, tests or sampling and to examine or require 17 production of books, papers, records and physical evidence 18 pertinent to any matter under investigation pursuant to this 19 act, and for these purposes the duly authorized agents and 20 employees of the department and the Department of Health are 21 authorized to enter and examine any property, facility, 22 operation or activity upon presentation of appropriate 23 credentials, without prior notice, at all reasonable times 24 during regular business hours of the operation and at times 25 when activity is being conducted at the site. 26 (2) The owner, operator or other person in charge of 27 such property, facility, operation or activity, upon 28 presentation of proper identification and purpose of 29 inspection by the agents or employees of the department or 30 the Department of Health, shall give such agents and 20010H1393B1639 - 7 - 1 employees free and unrestricted entry and access and, upon 2 refusal to grant such entry or access, the agent or employee 3 may obtain a search warrant or other suitable order for the 4 purposes of making such evaluations and studies and to 5 conduct other such surveillance activities and to interview 6 employees onsite, to conduct onsite inspections, tests or 7 sampling, and to examine or require production of books, 8 papers, records and physical evidence pertinent to any matter 9 under investigation pursuant to this act. Such warrants shall 10 be issued upon probable cause. It shall be sufficient 11 probable cause to show that the department or the Department 12 of Health has recognized a health emergency, a suggested 13 disease cluster or imminent hazard and that the agent or 14 employee has been refused entry or access. 15 Section 7. Rules. 16 The secretary, in consultation with the Secretary of Health, 17 shall adopt rules to carry out this act. 18 Section 8. Occupational Health Clinic Advisory Committee. 19 (a) Establishment.--There is hereby established the 20 Occupational Health Clinic Advisory Committee. 21 (b) Members.--The committee shall be comprised of the 22 following persons or their designees: 23 (1) The Secretary of Health. 24 (2) The Secretary of Labor and Industry. 25 (3) The Insurance Commissioner. 26 (4) Three persons appointed by the Governor, of which 27 one must represent organized labor, one must represent 28 business and one must represent occupational health 29 professionals. 30 (5) Three persons appointed by the President pro tempore 20010H1393B1639 - 8 - 1 of the Senate, of which one must represent organized labor, 2 one must represent business and one must represent 3 occupational health professionals. 4 (6) Three persons appointed by the Speaker of the House 5 of Representatives, of which one must represent organized 6 labor, one must represent business and one must represent 7 occupational health professionals. 8 (c) Report.--The committee shall report to the Governor and 9 the General Assembly no later than September 15, 2002, and 10 annually thereafter, its recommendations as to the following: 11 (1) Methods for the coordination of activities among 12 occupational health clinics, auxiliary occupational health 13 clinics, the Commonwealth and any other entities. 14 (2) Methods and the nature of disclosure of research and 15 data collection results and related educational information. 16 (3) The appropriate methods of funding, including 17 sources of funding for occupational health clinics and 18 related Commonwealth activities, particularly regarding 19 surveillance. 20 (4) Delineation of new goals in occupational disease 21 detection and prevention. 22 Section 9. Appropriation. 23 The sum of $1,000,000, or as much thereof as may be 24 necessary, is hereby appropriated to the Department of Labor and 25 Industry for the fiscal year July 1, 2001, to June 30, 2002, to 26 carry out the provisions of this act. 27 Section 10. Effective date. 28 This act shall take effect in 60 days. A29L35BIL/20010H1393B1639 - 9 -

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