H2412B3570A05212 PWK:EJH 04/22/20 #90 A05212
AMENDMENTS TO HOUSE BILL NO. 2412
Sponsor: REPRESENTATIVE BRADFORD
Printer's No. 3570
Amend Bill, page 2, line 13, by inserting after "sale"
or rent
Amend Bill, page 2, line 15, by inserting after "estate"
or entering into a rental agreement
Amend Bill, page 3, by inserting between lines 19 and 20
(a.1) Mitigation measures.--Waivers under subsection (a)
shall only be issued to business activities that can adhere to
applicable mitigation measures defined by the Centers for
Disease Control and Prevention, Occupational Health and Safety
Administration and the Department of Health to protect workers
from and mitigate the spread of COVID-19. A business receiving a
waiver under subsection (a) shall implement the applicable
mitigation measures.
(a.2) Additional required protection for employees.--A
business that receives a waiver and operates under subsection
(a) shall also provide, at a minimum, the following to each
essential employee:
(1) A minimum wage of $15 per hour.
(2) Additional hazard pay, relative to the employee's
risk of exposure.
(3) Appropriate new personal protective equipment at the
start of every shift. Personal protective equipment shall
include, but not be limited to, gloves and a mask.
(4) A work environment that maximizes the safety of an
employee and the public, including, but not limited to, the
use of social distancing and barriers.
(5) Cleaning areas with adequate soap and water and
breaks to frequently engage in hand washing.
(6) Access to hand sanitizer between hand-washing
breaks.
(7) Leave for sickness and shall be compensated at the
same rate.
(8) Information from the employer if a coworker has been
tested for COVID-19 and the results of those tests when
available.
(a.3) Compliance.--A business operating in this Commonwealth
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under a waiver under subsection (a) that violates any
requirement of the mitigation plan shall be immediately closed
and may not be permitted to reopen until the business is in
compliance.
(a.4) Applicability.--The contraction of the COVID-19 virus
by an essential employee shall be considered a personal injury
to the employee under the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act. The fact that the
essential employee contracted the COVID-19 virus shall establish
a presumption that the injury arose in the course of the
employee's employment within the meaning of the Workers'
Compensation Act. The presumption shall not be conclusive but
may be rebutted if the employer establishes that the employee
contracted the COVID-19 virus prior to any job-related exposure.
Amend Bill, page 4, by inserting between lines 7 and 8
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Business." Any business, industry or trade operating with a
physical location in this Commonwealth, regardless of whether
that physical location is open to the public.
"COVID-19." The novel coronavirus, otherwise known as COVID-
19.
"Essential employee." An employee of a business who is
required by the employee's employer to report to work at a
physical location.
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