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PRINTER'S NO. 2480
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2135
Session of
2021
INTRODUCED BY DAY, BERNSTINE, R. BROWN, COX, GLEIM, JONES,
JOZWIAK, KEEFER, LEWIS DELROSSO, PENNYCUICK, ROWE AND RYAN,
DECEMBER 7, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, DECEMBER 7, 2021
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
act defining the liability of an employer to pay damages for
injuries received by an employe in the course of employment;
establishing an elective schedule of compensation; providing
procedure for the determination of liability and compensation
thereunder; and prescribing penalties," in procedure,
providing for adverse events associated with vaccines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 2, 1915 (P.L.736, No.338), known
as the Workers' Compensation Act, is amended by adding a section
to read:
Section 439.1. (a) The record required under section 439
shall include a record of adverse events associated with a
vaccine, as reported to the employer or of which the employer
otherwise has knowledge, for any employe who received the
vaccine in the course of employment, including an employe who
was required to receive the vaccine as a condition of
employment. The following apply:
(1) The record of adverse events shall include:
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(i) A description of the adverse event.
(ii) A statement of any time during which the employe was
unable to work because of the adverse event.
(iii) The type of vaccine associated with the adverse event.
(iv) A description of the manner in which the adverse event
occurred.
(2) The record of adverse events shall be available for
inspection by the department or any other governmental agency at
reasonable times.
(3) The following procedures apply:
(i) If an adverse event is an injury that must be reported
in accordance with section 438 and department regulations, the
report under section 438 shall include information that the
injury was recorded as an adverse event associated with a
vaccine and the type of vaccine.
(ii) An employer shall not be required to record adverse
events from a vaccine if the employe did not receive the vaccine
during the course of employment.
(b) No later than May 1 of each year, the department shall
report to the General Assembly on adverse events associated with
the vaccines that are injuries required to be reported under
section 438 for the prior year. The report shall include all of
the following:
(1) The number of these injuries on a Statewide basis.
(2) The number of these injuries for each county.
(3) The number of these injuries organized by industry.
(4) The number of these injuries associated with each type
of vaccine.
(5) Information regarding the nature of these injuries.
(6) The average number of workdays missed for each employe
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for these injuries.
(c) The information required in a report in accordance with
this section shall also be included in annual reports on the
workers' compensation program published by the department and
posted on the publicly accessible Internet website of the
department.
(d) For purposes of this section, the term "adverse event"
means any untoward medical occurrence associated with the use of
a vaccine in humans, whether or not considered vaccine-related.
Section 2. This act shall take effect in 60 days.
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