SB1362: Employers; reporting outbreaks of COVID-19, effective clause.


SENATE BILL NO. 1362
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on February 16, 2021)
(Patron Prior to Substitute--Senator Lewis)
A BILL to require employers to report outbreaks of COVID-19.

Be it enacted by the General Assembly of Virginia:

1. § 1. Upon determining, on the basis of COVID-19 outbreak information that employers are required to provide to the State Department of Health (the Department) pursuant to the Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, promulgated by the Department of Labor and Industry and in effect at 16VAC25-220, or any permanent regulation intended to succeed such regulation, that a worksite cluster has occurred at a workplace with 50 or more employees, the Department shall make available to the public, on a website maintained by the Department, a report consisting of (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer, provided that the release of such information does not violate the provisions of § 32.1-41 of the Code of Virginia. No other information shall be included in such report, except that when the previously reported outbreak is deemed to be under control, the Department shall promptly update the report to so indicate. An outbreak shall be deemed to be under control when at least seven days have elapsed from the date of the last positive test result indicating a case of COVID-19 that has a likely epidemiological link to the worksite cluster.

For the purposes of this act, "employer" has the same meaning as defined in § 40.1-2 of the Code of Virginia; "worksite cluster" means five or more cases with illness onset or initial positive results within a 14-day period and a likely epidemiologic linkage between cases; and "likely epidemiologic linkage" means (a) verification by the Department that the confirmed cases were in close proximity in the same worksite setting for a sufficient time period, (b) that the timing of contact fits with likely timing of exposure, and (c) that it is more likely than not that the worksite was the source of exposure for identified cases.

2. That the provisions of this act shall expire upon expiration of the Governor's declared state of emergency in response to the continued spread of the SARS-CoV-2 novel coronavirus, or COVID-19.


SENATE BILL NO. 1362
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health)
(Patron Prior to Substitute--Senator Lewis)
Senate Amendments in [ ] – February 5, 2021
A BILL to require employers to report outbreaks of COVID-19; emergency.

Be it enacted by the General Assembly of Virginia:

1. § 1. On the basis of COVID-19 outbreak information that employers are required to provide to the State Department of Health (the Department) pursuant to the Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, promulgated by the Department of Labor and Industry and in effect at 16VAC25-220, or any permanent regulation intended to succeed such regulation, upon determination that a worksite cluster has occurred at a workplace with 50 or more employees, the Department shall make a report available to the public on a website maintained by the Department, provided that the release of such information does not violate the provisions of § 32.1-41 of the Code of Virginia. Such information shall include (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer. The Department shall also report when previously reported outbreaks are under control.

For the purposes of this section, [ "employer" has the same meaning as defined in § 40.1-2 of the Code of Virginia, ] "worksite cluster" means five or more cases with illness onset or initial positive results within a 14-day period and a likely epidemiologic linkage between cases, and "likely epidemiologic linkage" means (a) verification by the Department that the confirmed cases were in close proximity in the same worksite setting for a sufficient time period, (b) that the timing of contact fits with likely timing of exposure, and (c) that it is more likely than not that the worksite was the source of exposure for identified cases.

 [ 2. That an emergency exists and this act is in force from its passage. ]

3. That the provisions of this act shall expire upon expiration of the Governor's declared state of emergency in response to the continued spread of the SARS-CoV-2 novel coronavirus, or COVID-19.

 [ 4. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2021 by the General Assembly that becomes law. ]


SENATE BILL NO. 1362
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health)
(Patron Prior to Substitute--Senator Lewis)
Senate Amendments in [ ] – February 4, 2021
A BILL to require employers to report outbreaks of COVID-19; emergency.

Be it enacted by the General Assembly of Virginia:

1. § 1. On the basis of COVID-19 outbreak information that employers are required to provide to the State Department of Health (the Department) pursuant to the Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, promulgated by the Department of Labor and Industry and in effect at 16VAC25-220, or any permanent regulation intended to succeed such regulation, upon determination that a worksite cluster has occurred at a workplace with 50 or more employees, the Department shall make a report available to the public on a website maintained by the Department, provided that the release of such information does not violate the provisions of § 32.1-41 of the Code of Virginia. Such information shall include (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer. The Department shall also report when previously reported outbreaks are under control.

For the purposes of this section, [ "employer" has the same meaning as defined in § 40.1-2 of the Code of Virginia, ] "worksite cluster" means five or more cases with illness onset or initial positive results within a 14-day period and a likely epidemiologic linkage between cases, and "likely epidemiologic linkage" means (a) verification by the Department that the confirmed cases were in close proximity in the same worksite setting for a sufficient time period, (b) that the timing of contact fits with likely timing of exposure, and (c) that it is more likely than not that the worksite was the source of exposure for identified cases.

2. That an emergency exists and this act is in force from its passage.

3. That the provisions of this act shall expire upon expiration of the Governor's declared state of emergency in response to the continued spread of the SARS-CoV-2 novel coronavirus, or COVID-19.

 [ 4. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2021 by the General Assembly that becomes law. ]


SENATE BILL NO. 1362
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on January 28, 2021)
(Patron Prior to Substitute--Senator Lewis)
A BILL to require employers to report outbreaks of COVID-19; emergency.

Be it enacted by the General Assembly of Virginia:

1. § 1. On the basis of COVID-19 outbreak information that employers are required to provide to the State Department of Health (the Department) pursuant to the Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, promulgated by the Department of Labor and Industry and in effect at 16VAC25-220, or any permanent regulation intended to succeed such regulation, upon determination that a worksite cluster has occurred at a workplace with 50 or more employees, the Department shall make a report available to the public on a website maintained by the Department, provided that the release of such information does not violate the provisions of § 32.1-41 of the Code of Virginia. Such information shall include (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer. The Department shall also report when previously reported outbreaks are under control.

For the purposes of this section, "worksite cluster" means five or more cases with illness onset or initial positive results within a 14-day period and a likely epidemiologic linkage between cases, and "likely epidemiologic linkage" means (a) verification by the Department that the confirmed cases were in close proximity in the same worksite setting for a sufficient time period, (b) that the timing of contact fits with likely timing of exposure, and (c) that it is more likely than not that the worksite was the source of exposure for identified cases.

2. That an emergency exists and this act is in force from its passage.

3. That the provisions of this act shall expire upon expiration of the Governor's declared state of emergency in response to the continued spread of the SARS-CoV-2 novel coronavirus, or COVID-19.

SENATE BILL NO. 1362

Offered January 13, 2021
Prefiled January 13, 2021
A BILL to require employers to report outbreaks of COVID-19; emergency.
Patrons-- Lewis; Delegate: Kory

Referred to Committee on Education and Health

Be it enacted by the General Assembly of Virginia:

1. § 1. Every employer as defined by § 40.1-2 of the Code of Virginia shall report, for each of its worksites with 30 or more employees, or for any multi-employer worksite with 30 or more combined employees, to the local health department when the worksite has had three or more confirmed cases of COVID-19. The employer shall make such report within 24 hours of becoming aware of such cases.

The State Department of Health (the Department) shall compile such reports and shall make a weekly report available to the public on a website maintained by the Department, provided the release of such information does not violate the provisions of § 32.1-41. Such information shall include (i) the name of the employer at which an outbreak of COVID-19 has been reported; (ii) the number of confirmed cases of COVID-19 reported by such employer; and (iii) the number of deaths resulting from COVID-19 reported by such employer. The Department shall include in each report when previously reported outbreaks are under control. Any report made by an employer in accordance with this act shall be in addition to and not in lieu of any obligation under the federal Recording and Reporting Occupational Injuries and Illness, 29 C.F.R. § 1904 Subpart C, or any other federal or state laws.

2. That an emergency exists and this act is in force from its passage.