H0262B0233A01591 SFR:CMD 06/10/21 #90 A01591
AMENDMENTS TO HOUSE BILL NO. 262
Sponsor: REPRESENTATIVE COX
Printer's No. 233
Amend Bill, page 1, line 3, by striking out "vaccination" and
inserting
injection
Amend Bill, page 2, by inserting between lines 1 and 2
"Injection." A vaccination or any other medical product or
drug delivered into an individual's body using a needle and
syringe.
Amend Bill, page 2, line 11, by inserting after "required"
or explicitly authorized
Amend Bill, page 2, line 13, by striking out ", except for
the use of marijuana; or" and inserting a semicolon
Amend Bill, page 2, line 14, by striking out "is"
Amend Bill, page 2, line 17, by striking out the period after
"seq.)" and inserting
; or
(iv) minimally invasive visual examinations of the
eyes, ears, nose, mouth and throat, which are necessary
to check for the symptoms of infectious disease or other
significant medical conditions.
Amend Bill, page 2, line 21, by striking out "Prohibited
acts" and inserting
Right to refuse
Amend Bill, page 2, by inserting between lines 21 and 22
(a) Reasons.--An employee or prospective employee shall have
the right to refuse to participate in an invasive medical test
or injection required by the employer for any of the following
reasons:
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(1) The employee or prospective employee objects in
writing based on the written statement of a physician or the
physician's designee stating that the invasive medical test
or injection may be detrimental to the health of the employee
or prospective employee.
(2) The employee or prospective employee objects in
writing to the invasive medical test or injection on
religious grounds or on the basis of a strong moral or
ethical conviction similar to a religious belief.
(3) The employee or prospective employee objects in
writing to the invasive medical test or injection on the
grounds that the test or injection:
(i) has not been approved by the United States Food
and Drug Administration; or
(ii) has been approved by the United States Food and
Drug Administration after expedited development and
review permissible under section 506 of the Federal Food,
Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. ยง 356),
if the expedited development and review was completed in
less than three years. The employee or prospective
employee may not object to an invasive medical test or
injection under this paragraph if the test or injection
has been approved by the United States Food and Drug
Administration for more than three years.
(4) The employee submits an affidavit to the employer
stating that the employee objects to an injection on the
grounds that the employee has already been infected with the
disease that the required injection is intended to prevent.
(b) Prohibited acts.--
Amend Bill, page 2, line 28, by striking out "vaccination"
and inserting
injection
Amend Bill, page 2, line 28, by inserting after "employer"
, if the employee or prospective employee has refused on
grounds allowed under subsection (a) and in accordance with
section 4
Amend Bill, page 2, line 30, by striking out the period after
"act" and inserting
in a manner that does not disrupt the normal business
operations of the employer.
Section 4. Obligations of employees, prospective employees and
employers.
(a) Notice of requirement.--An employer shall provide notice
of a requirement for an employee or prospective employee to
receive an invasive medical test or injection at least 10 days
prior to the date that the employee or prospective employee is
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required to receive the test or injection. The following apply:
(1) The notice shall be provided in writing or
electronically and shall include notice of the employee's or
prospective employee's rights under this act.
(2) If urgent or emergent circumstances make it
impractical to comply with this subsection, an employer shall
make good faith efforts to provide as much advance notice as
practical, or to obtain the verbal consent of the employee or
prospective employee for the test or injection if it is
impossible to provide advance notice.
(b) Employee refusal.--An employee or prospective employee
who refuses an invasive medical test or injection shall provide
written notice to the employer explaining the reasons for
refusal and shall include any supporting documentation. The
employee's or prospective employee's written notice may be
provided at any time prior to the deadline for the employee or
prospective employee to receive the test or injection.
(c) Employer response to refusal.--As soon as practicable
but no later than three business days after receipt of notice of
refusal under subsection (b), the employer shall provide a
written response to the employee or prospective employee who has
refused an invasive medical test or injection. The employer may:
(1) Grant an exception to the requirement for an
invasive medical test or injection without any additional
requirements for the employee.
(2) Provide a reasonable accommodation to the employee
or prospective employee in lieu of requiring the invasive
medical test or injection.
(3) Notify the employee or prospective employee that the
employee's or prospective employee's reason for refusal is
not protected under section 3(a) and that an exception will
not be granted.
(4) Make a request for additional information or
documentation that is required by section 3(a), but was not
provided by the employee or prospective employee, clearly
indicating to the employee or prospective employee what
additional information or documentation will be necessary to
grant an exception to the requirement under paragraph (1) or
provide a reasonable accommodation to the employee under
paragraph (2).
Amend Bill, page 3, line 1, by striking out "4" and inserting
5
Amend Bill, page 3, line 8, by striking out "three" and
inserting
two
Amend Bill, page 3, line 9, by inserting after "knew"
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or should have known
Amend Bill, page 3, line 10, by striking out "5" and
inserting
6
Amend Bill, page 3, line 11, by inserting before "If"
(a) Relief if employer did not meet obligations.--
Amend Bill, page 3, line 12, by striking out "4" and
inserting
5
Amend Bill, page 3, line 13, by inserting after "relief"
, if the court finds that the employer did not make a good
faith effort to meet its obligations under section 4
Amend Bill, page 3, by inserting between lines 21 and 22
(b) Relief if employer did meet obligations.--If an employee
or prospective employee prevails in an action commenced under
section 5, the employee or prospective employee shall be
entitled to the following relief, if the court finds that the
employer made a good faith effort to meet its obligations under
section 4:
(1) Reinstatement of the employee, if applicable.
(2) Restitution equal to the amount of the individual's
wages and fringe benefits or prospective wages and fringe
benefits calculated from the date of the retaliation or
discrimination.
(3) Reasonable attorney fees and costs of the action.
(c) Employee not entitled to relief.--An employee or
prospective employee shall not be entitled to relief under this
act if the court finds that the employee or prospective employee
did not make a good faith effort to comply with the employee's
or prospective employee's obligations under section 4.
(d) Injury from invasive medical test or injection.--If an
employee is injured as the result of an invasive medical test or
injection required by an employer, the injury shall be
compensable under the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act. The following apply:
(1) The employee's right to refuse an invasive medical
test or injection for reasons provided in section 3(a) and
the employer's compliance with this act shall not be
construed to mitigate the employer's liability under the
Workers' Compensation Act for any injury resulting from a
required invasive medical test or injection, regardless of
whether the employee requested an exception.
(2) This act shall not be construed to limit the
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liability of a third party responsible for an injury that
results from an invasive medical test or injection required
by an employer.
Section 7. Construction.
(a) Workplace safety.--This act shall not be construed to
prohibit an employer from implementing safety policies and
procedures intended to maintain a safe work environment for
employees or requiring noninvasive medical testing for employees
to prevent the spread of infectious disease. Employer actions
that do not violate this act include:
(1) Requiring an employee or prospective employee to
report symptoms or diagnoses of infectious diseases or
conduct noninvasive screenings for symptoms.
(2) Requiring an employee or prospective employee who
has exhibited symptoms or has been diagnosed with an
infectious disease to provide documentation from a physician
or the physician's designee stating that an employee or
prospective employee may enter the workplace.
(3) Requiring an employee who exhibits symptoms of
illness to leave the workplace until the employee no longer
exhibits symptoms.
(4) Requiring an employee to conduct work duties from
the employee's home or another remote location to avoid the
spread of infectious disease.
(5) Providing emergency first aid in good faith to an
employee who is incapacitated or incapable of communicating
the employee's wishes to the individuals providing first aid.
(b) Additional precautions for employees who refuse an
injection.--It shall not be considered retaliation or
discrimination under this act to require an employee who
lawfully refuses an injection under section 3(a) to engage in
additional precautions, which are not required of employees who
received the injection, to prevent the spread of infectious
disease. An employer may require additional precautions as part
of a reasonable accommodation for an employee who lawfully
refuses an injection, including:
(1) Requiring the employee to conduct job duties from
the employee's home or another remote location if the
employee is able to do so.
(2) Requiring the employee to utilize personal
protective equipment intended to prevent the spread of
infectious disease.
(3) Placing restrictions on the employee's physical
proximity to other employees, or other individuals whom the
employee will encounter during the course of employment, in
situations where close physical proximity is not necessary
for the employee to perform work duties.
(4) Screening the employee for symptoms of infectious
disease or requiring the employee to report symptoms to the
employer.
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Amend Bill, page 3, line 22, by striking out "6" and
inserting
8
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See A01591 in
the context
of HB262