PRINTER'S NO. 3496
No. 2560 Session of 1998
INTRODUCED BY VEON, GEORGE, BEBKO-JONES, STEELMAN, LEVDANSKY,
ROONEY, WALKO, TANGRETTI, BELARDI, JOSEPHS, BELFANTI,
STABACK, MELIO, TRELLO, ITKIN, TRICH, BOSCOLA, M. COHEN AND
D. W. SNYDER, APRIL 29, 1998
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 29, 1998
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 also make grants
6 to auxiliary occupational health clinics, for the collection
7 of data concerning occupational illnesses and injuries and
8 for surveillance of hazards in health emergencies;
9 establishing the Occupational Health Clinic Advisory
10 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
21 medical facility which is approved by the Secretary of Labor and
1 Industry in accordance with rules or regulations adopted under
2 this act and which operates a corporate medicine program or an
3 employee wellness program which includes any of the following:
4 (1) Routine commercial activities, such as preemployment
5 examinations.
6 (2) Mandated examinations, such as Federal Occupational
7 Safety and Health Administration examinations.
8 (3) Routine workers' compensation cases.
9 (4) Routine medical evaluations involving establishment
10 of product liability.
11 (5) Evaluations consigned to independent medical
12 examiners.
13 (6) Employee physical programs.
14 (7) Employee wellness programs.
15 (8) Employee drug-testing programs.
16 "Committee." The Occupational Health Clinic Advisory
17 Committee.
18 "Department." The Department of Labor and Industry of the
19 Commonwealth.
20 "Health hazard evaluation." A study of a particular
21 workplace or community performed by an interdisciplinary team of
22 occupational health professionals to determine whether there is
23 a health hazard to workers caused by exposure to toxic chemicals
24 or physical agents in the environment.
25 "Occupational disease." A disease that is peculiar to an
26 occupation in which an employee was or is engaged and which is
27 due to causes, in excess of the ordinary hazards of employment,
28 which are attributable to the occupation, and that includes, but
29 is not limited to:
30 (1) A disease due or attributable to exposure to or
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1 contact with any radioactive material by an employee in the
2 course of the employee's employment.
3 (2) Poisoning from lead, phosphorus, arsenic, brass,
4 wood alcohol or mercury or their compounds or from anthrax or
5 compressed air illness.
6 (3) Any other disease, contracted as a result of the
7 employment of a person, which is due to toxic or hazardous
8 chemicals, materials, gases or other substances identified by
9 the United States Department of Labor under occupational
10 safety and health standards contained in 29 CFR Parts 1911-
11 1925 (relating to Occupational Safety and Health
12 Administration, Department of Labor).
13 "Occupational health clinic." A public or nonprofit medical
14 facility providing diagnosis, treatment and preventative
15 services for patients with occupational diseases which is
16 licensed by the Commonwealth for those purposes. These services
17 include, but are not limited to, outpatient care, medical
18 surveillance, data collection and the assessment of workplace
19 exposure.
20 "Occupational physician." Any doctor licensed to practice
21 medicine in this Commonwealth and found to be qualified to
22 practice occupational medicine by the American Board of
23 Preventive Medicine.
24 "OSHA." The Federal Occupational Safety and Health
25 Administration.
26 "Secretary." The Secretary of Labor and Industry of the
27 Commonwealth.
28 "Surveillance." The detection by epidemiologic means of
29 disease states or significant laboratory abnormalities, the
30 interpretation of existing data or the active pursuit of new
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1 data and disease associations. The term does not include
2 preemployment-related physicals, insurance examinations or other
3 data collection activities of a purely commercial nature. The
4 term may incorporate the experience of other states and may
5 include technical support available through the National
6 Institute for Occupational Safety and Health.
7 Section 3. Grants-in-aid to occupational health clinics.
8 (a) General rule.--The secretary, in consultation with the
9 Secretary of Health, shall encourage the development of
10 occupational health clinics by making grants-in-aid to public
11 and nonprofit organizations, subject to the following:
12 (1) The grants-in-aid shall be used to facilitate the
13 development and operation of the clinics, including, but not
14 limited to, preproject development, site acquisition,
15 development, improvement and operating expenses.
16 (2) The grants-in-aid may be used for activities
17 involved in occupational disease evaluation, treatment and
18 prevention, particularly when these activities are not
19 compensated by other sources. Grants-in-aid may also be used
20 for conducting health hazard evaluations.
21 (3) No grants-in-aid shall be used to compensate any
22 occupational health clinic for any activities which could be
23 included in a corporate medicine or employee wellness
24 program, as defined in section 2.
25 (4) The secretary shall consult with the committee
26 before making any grant-in-aid.
27 (b) Qualifications.--For a public or nonprofit organization
28 to qualify for a grant-in-aid under this act, the occupational
29 health clinic to be operated shall meet all of the following
30 criteria:
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1 (1) Clinical directorship by a board-certified or board-
2 eligible occupational health physician.
3 (2) Membership in, application to or plans for
4 application to the Association of Occupational and
5 Environmental Clinics.
6 (3) Availability of industrial hygiene or related
7 services.
8 (4) Current involvement in or willingness to assist in
9 the training of occupational health professionals.
10 (5) Agreement to work with the department and the
11 Department of Health to reduce the burden of occupational
12 disease.
13 (6) Provision of assistance and medical consultative
14 services to the department and OSHA.
15 (7) Cooperation with the department, the Department of
16 Health and the Insurance Department to transfer granted
17 occupational medicine costs to appropriate insurance and
18 other private funding mechanisms.
19 (8) Agreement to attempt to educate medical
20 professionals on use of the surveillance system.
21 (9) Agreement to compile and report surveillance data.
22 (10) Cooperation with the department, the Department of
23 Health and the Insurance Department to carry out the purposes
24 of this act.
25 Section 4. Grants-in-aid for auxiliary occupational health
26 clinics.
27 The secretary, in consultation with the Secretary of Health,
28 shall encourage the development of auxiliary occupational health
29 clinics by making grants-in-aid to auxiliary occupational health
30 clinics, subject to the following:
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1 (1) The grants-in-aid shall be used to compensate
2 auxiliary clinics for the costs associated with the reporting
3 of data under section 5.
4 (2) No grants-in-aid shall be used to compensate any
5 auxiliary clinic for any activities which could be included
6 in a corporate medicine or employee wellness program, as
7 defined in section 2.
8 (3) The secretary shall consult with the committee
9 before making any grant-in-aid.
10 Section 5. Collection of data regarding occupational illnesses
11 and injuries.
12 (a) General rule.--The department shall receive and
13 coordinate data from occupational health clinics, auxiliary
14 occupational health clinics and other data bases and medical
15 sources concerning occupational illnesses and injuries at
16 various sites and related to various occupations.
17 (b) Data sources.--The department shall coordinate data
18 collection activities from current available and competent
19 sources, from new sources and from occupational health clinics
20 and auxiliary occupational health clinics and shall educate
21 unions, employers and individual workers on use of the
22 surveillance system. Data collection and reporting shall be in a
23 form which is consistent with the system used by the United
24 States Centers for Disease Control.
25 (c) Annual summary.--The department shall make available at
26 least annually to the public, the General Assembly, the
27 Department of Health, the Insurance Department and OSHA a
28 summary of the data collected under this section.
29 Section 6. Implementation of surveillance in emergency
30 situations.
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1 In the event of recognition of a health emergency, suggested
2 disease cluster or imminent hazard, the department and the
3 Department of Health, upon their own initiatives or upon notice
4 from an occupational health clinic or auxiliary occupational
5 health clinic, may initiate site-specific hazard evaluations,
6 industrywide epidemiologic and industrial hygiene studies or
7 other surveillance activities. The investigatory studies or
8 surveillance shall be conducted in full cooperation with local
9 public health officials.
10 Section 7. Rules.
11 The secretary, in consultation with the Secretary of Health,
12 shall adopt rules to carry out this act.
13 Section 8. Occupational Health Clinic Advisory Committee.
14 (a) Establishment.--There is hereby established the
15 Occupational Health Clinic Advisory Committee.
16 (b) Members.--The committee shall be comprised of the
17 following persons or their designees:
18 (1) The Secretary of Health.
19 (2) The Secretary of Labor and Industry.
20 (3) The Insurance Commissioner.
21 (4) Three persons appointed by the Governor, of which
22 one must represent organized labor, one must represent
23 business and one must represent occupational health
24 professionals.
25 (5) Three persons appointed by the President pro tempore
26 of the Senate, of which one must represent organized labor,
27 one must represent business and one must represent
28 occupational health professionals.
29 (6) Three persons appointed by the Speaker of the House
30 of Representatives, of which one must represent organized
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1 labor, one must represent business and one must represent
2 occupational health professionals.
3 (c) Report.--The committee shall report to the Governor and
4 the General Assembly no later than September 15, 2000, and
5 annually thereafter, its recommendations as to the following:
6 (1) Methods for the coordination of activities among
7 occupational health clinics, auxiliary occupational health
8 clinics, the Commonwealth and any other entities.
9 (2) Methods and the nature of disclosure of research and
10 data collection results and related educational information.
11 (3) The appropriate methods of funding, including
12 sources of funding for occupational health clinics and
13 related Commonwealth activities, particularly regarding
14 surveillance.
15 (4) Delineation of new goals in occupational disease
16 detection and prevention.
17 Section 9. Appropriation.
18 The sum of $1,000,000, or as much thereof as may be
19 necessary, is hereby appropriated to the Department of Labor and
20 Industry for the fiscal year July 1, 1998, to June 30, 1999, to
21 carry out the provisions of this act.
22 Section 10. Effective date.
23 This act shall take effect in 60 days.
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