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Radiation Exposure Compensation Act (RECA): Compensation Related to Exposure to Radiation from Atomic Weapons Testing and Uranium Mining [Updated May 9, 2022]
From the Introduction: "The Radiation Exposure Compensation Act (RECA) was enacted in 1990 and provides one-time cash benefits to certain persons who participated in atomic weapons testing or lived near the Nevada Test Site during periods of atmospheric (above-ground) atomic weapons testing. Benefits under RECA are also available to certain uranium miners, mill workers, and ore transporters who worked in the uranium industry between 1942 and 1971, when the federal government stopped its procurement of uranium for the atomic weapons program. All RECA claimants must have contracted one of the medical conditions specified in the statute after possible exposure to ionizing radiation from the detonation of an atomic weapon or after working in the uranium industry. The RECA program is administered by the Civil Division of the Department of Justice (DOJ). To date, DOJ has approved more than 36,000 RECA claims for more than $2.3 billion in benefits. The majority of RECA claims are related to atomic weapons testing rather than the uranium industry. Complete RECA program data are provided in [this document]. Benefits under RECA are paid out of general revenue and are considered mandatory spending."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-05-09
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated March 24, 2022]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. On December 27, 2021, OSHA announced that it was withdrawing all provisions of this ETS, with the exception of certain COVID-19 reporting requirements. On November 5, 2021, OSHA promulgated a separate ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. After earlier actions by the U.S. Courts of Appeals for the Fifth and Sixth Circuits, on January 13, 2022, the U.S. Supreme Court granted a stay of the OSHA COVID-19 vaccination and testing ETS pending additional judicial review by the U.S. Court of Appeals for the Sixth Circuit. On January 25, 2022, OSHA announced that it was withdrawing all provisions of this ETS. The ETS will continue to serve as a proposed permanent standard subject to normal rulemaking. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority prior to the COVID-19 pandemic--not since the courts struck down its ETS on asbestos in 1983."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-03-24
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Federal Employees' Compensation Act (FECA): Workers' Compensation for Federal Employees [Updated March 8, 2022]
From the Summary: "The Federal Employees' Compensation Act (FECA) is the workers' compensation program for federal employees. Like all workers' compensation programs, FECA pays disability, survivors, and medical benefits, without regard to who was at fault, to employees who are injured or become ill in the course of their federal employment and to the survivors of employees killed on the job. The FECA program is administered by the Department of Labor (DOL) and the costs of benefits are paid by each employee's host agency."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-03-08
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Energy Employees Occupational Illness Compensation Program Act (EEOICPA) [Updated February 10, 2022]
From the Summary: "During the Cold War, thousands of Americans worked in the development and testing of the nation's nuclear weapons stockpile. Some of these workers were exposed to radiation, beryllium, silica, and other toxic substances that may have contributed to various medical conditions, including different types of cancer. Enacted in 2000, the Energy Employees Occupational Illness Compensation Program Act (EEOICPA, Title XXXVI of P.L. 106-398) provides cash and medical benefits to former nuclear weapons arsenal workers with covered medical conditions and to their survivors. Part B of EEOICPA provides a fixed amount of compensation and medical coverage to Department of Energy (DOE) employees and contractors, atomic weapons employees, and uranium workers with specified medical conditions, including cancer. [...] Part E of EEOICPA operates similar to a traditional workers' compensation program. It pays variable cash benefits based on impairment and wage loss and provides medical benefits to former DOE contractors and uranium workers exposed to toxic substances on the job. [...] To date, Part B has paid over $7.3 billion in compensation, and Part E has paid more than $5.7 billion in compensation. Combined Parts B and E medical benefits exceed $7.6 billion. The Energy Employees Occupational Illness Compensation Fund pays EEOICPA benefits. The fund is financed through general revenues, and it is not subject to annual appropriations. The EEOICPA Office of Ombudsman, which assists claimants and medical providers navigate the program, was scheduled to sunset on October 28, 2020, but was permanently authorized by a provision in the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (P.L. 116-283)."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-02-10
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated January 26, 2022]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. On December 27, 2021, OSHA announced that it was withdrawing all provisions of this ETS, with the exception of certain COVID-19 reporting requirements. On November 5, 2021, OSHA promulgated a separate ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. After earlier actions by the U.S. Courts of Appeals for the Fifth and Sixth Circuits, on January 13, 2022, the U.S. Supreme Court granted a stay of the OSHA COVID-19 vaccination and testing ETS pending additional judicial review by the U.S. Court of Appeals for the Sixth Circuit. On January 25, 2022, OSHA announced that it was withdrawing all provisions of this ETS. The ETS will continue to serve as a proposed permanent standard subject to normal rulemaking. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority prior to the COVID-19 pandemic--not since the courts struck down its ETS on asbestos in 1983."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-01-26
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated January 5, 2022]
From the Executive Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. On December 27, 2021, OSHA announced that it was withdrawing all provisions of this ETS, with the exception of certain COVID-19 reporting requirements. On November 5, 2021, OSHA promulgated a separate ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit ordered a stay on the OSHA COVID-19 vaccination and testing ETS pending additional judicial review and reaffirmed this stay on November 12, 2021. On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the stay. After this ruling, OSHA announced that it would not issue any citations for noncompliance with any provision of the ETS until January 10, 2022, and for noncompliance with the testing requirements of the ETS until February 9, 2022, provided employers are exercising good faith efforts to comply with the ETS. On January 7, 2022, the U.S. Supreme Court is scheduled to hear oral arguments on challenges to the ETS filed by several states and other groups."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-01-05
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Public Safety Officers' Benefits (PSOB) and Public Safety Officers' Educational Assistance (PSOEA) Programs [Updated January 5, 2022]
From the Summary: "The Public Safety Officers' Benefits (PSOB) program provides cash benefits to federal, state, and local law enforcement officers; firefighters; employees of emergency management agencies; and members of emergency medical services agencies who are killed or permanently and totally disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers' Educational Assistance (PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of public safety officers killed or permanently disabled in the line of duty. The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA). [...] Each year, Congress appropriates funding for PSOB death benefits, which is considered mandatory spending, and for PSOB disability benefits and PSOEA benefits, which is subject to annual appropriations. For FY2022, the one-time lump-sum PSOB death and disability benefit is $389,825 and the PSOEA monthly benefit for a student attending an educational institution full-time is $1,298. Public safety officers who contract Coronavirus Disease 2019 (COVID-19) in the line of duty may be eligible for PSOB benefits. The Safeguarding America's First Responders Act [...] provides a presumption of PSOB eligibility for public safety officers who were on duty beginning January 1, 2020. On November 18, 2021, President Joe Biden signed into law the Protecting America's First Responders Act of 2021 [...] which made numerous amendments to the PSOB and PSOEA programs as indicated in various places in this report."
Library of Congress. Congressional Research Service
Szymendera, Scott
2022-01-05
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [December 21, 2021]
From the Summary: "The OSHA COVID-19 ETS [Occupational Safety and Health Administration Coronavirus Disease 2019 Emergency Temporary Standards] for health care employers requires health care employers to develop COVID-19 plans and protect employees from COVID-19 exposure through health screenings, personal protective equipment (PPE), building ventilation, and physical distancing and barriers. The ETS requires health care employers to remove any employees with COVID-19 from the workplace while providing them with certain benefits. Health care employers are not required to mandate that their employees receive a COVID-19 vaccine but must provide reasonable time off for employees to receive a vaccine and recover from any vaccine-related side effects. The ETS includes new COVID-19 recordkeeping and reporting requirements for health care employers and permits health care employers to forgo the medical evaluation and fit-testing requirements of OSHA's respiratory protection standard when providing respirators to employees in certain circumstances."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-12-21
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated December 10, 2021]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. On November 5, 2021, OSHA promulgated an additional ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit ordered a stay on the OSHA COVID-19 vaccination and testing ETS pending additional judicial review and reaffirmed this stay on November 12, 2021. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-12-10
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated November 17, 2021]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019][,] in health care employment settings. On November 5, 2021, OSHA promulgated an additional ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit ordered a stay on the OSHA COVID-19 vaccination and testing ETS pending additional judicial review and reaffirmed this stay on November 12, 2021. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. The OSHA COVID-19 ETS for health care employers requires health care employers to develop COVID-19 plans and protect employees from COVID-19 exposure through health screenings, personal protective equipment (PPE), building ventilation, and physical distancing and barriers. The ETS requires health care employers to remove any employees with COVID-19 from the workplace while providing them with certain benefits."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-11-17
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Occupational Safety and Health Administration (OSHA): COVID-19 Emergency Temporary Standards (ETS) on Health Care Employment and Vaccinations and Testing for Large Employers [Updated November 10, 2021]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. On November 5, 2021, OSHA promulgated an additional ETS that requires employers with 100 or more employees to require that all employees either be fully vaccinated against COVID-19 by January 4, 2022, or test negative for COVID-19 weekly in order to work onsite. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit ordered a stay on the OSHA COVID-19 vaccination and testing ETS pending additional judicial review. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. The OSHA COVID-19 ETS for health care employers requires health care employers to develop COVID-19 plans and protect employees from COVID-19 exposure through health screenings, personal protective equipment (PPE), building ventilation, and physical distancing and barriers."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-11-10
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OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues [Updated September 13, 2021]
From the Document: "As states and their public school systems consider how to provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they face concerns about the safety and health of their students and the potential occupational exposure of their teachers and other employees, including support staff and transportation providers, to the SARS-CoV-2 virus, the virus that causes COVID-19. Local educational agencies (LEAs), such as public school districts, and other state and local government entities are not subject to federal regulation, inspection, or enforcement by the Occupational Safety and Health Administration (OSHA). However, in 26 states and two territories, LEAs are covered by OSHA-approved state plans as discussed below. On September 9, 2021, President Joe Biden announced that OSHA is developing an emergency temporary standard (ETS) that would obligate employers with more than 100 employees to require their employees to be vaccinated against COVID-19 or be tested weekly for COVID-19. This ETS would not apply to public schools, except in those states with OSHA-approved state plans as described later in this In Focus[.]"
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-09-13
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated September 13, 2021]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. The OSHA COVID-19 ETS requires health care employers to develop COVID-19 plans and protect employees from COVID-19 exposure through health screenings, personal protective equipment (PPE), building ventilation, and physical distancing and barriers. The ETS requires healthcare employers to remove any employees with COVID-19 from the workplace while providing them with certain benefits. Health care employers are not required to mandate that their employees receive a COVID-19 vaccine but must provide reasonable time off for employees to receive a vaccine and recover from any vaccine-related side effects. The ETS includes new COVID-19 recordkeeping and reporting requirements for health care employers and permits health care employers to forgo the medical evaluation and fit-testing requirements of OSHA's respiratory protection standard when providing respirators to employees in certain circumstances."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-09-13
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated July 13, 2021]
From the Summary: "On June 21, 2021, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) for the prevention of the transmission of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes COVID-19 [coronavirus disease 2019] in health care employment settings. The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. The OSHA COVID-19 ETS requires health care employers to develop COVID-19 plans and protect employees from COVID-19 exposure through health screenings, personal protective equipment (PPE), building ventilation, and physical distancing and barriers. The ETS requires healthcare employers to remove any employees with COVID-19 from the workplace while providing them with certain benefits. Health care employers are not required to mandate that their employees receive a COVID-19 vaccine but must provide reasonable time off for employees to receive a vaccine and recover from any vaccine-related side effects. The ETS includes new COVID-19 recordkeeping and reporting requirements for health care employers and permits health care employers to forgo the medical evaluation and fit-testing requirements of OSHA's respiratory protection standard when providing respirators to employees in certain circumstances."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-07-13
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated June 2, 2021]
From the Summary: "The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. Some in Congress, and some groups representing health care, meat and poultry processing, and other workers, are calling on OSHA to promulgate an emergency temporary standard (ETS) to protect workers from exposure to SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes Coronavirus Disease 2019 (COVID-19). The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. [...] On January 21, 2021, President Joe Biden issued an executive order directing OSHA to review whether a COVID-19 ETS is necessary and,if necessary, issue an ETS by March 15, 2021. To date, OSHA has not issued a COVID-19 ETS. As of January 14, 2021, OSHA had issued citations from 315 inspections related to COVID-19 resulting in a total of $4,034,288 in proposed civil penalties. These citations have been issued for violations of the OSH Act's General Duty Clause and other existing OSHA standards, such as those for respiratory protection that may apply to COVID-19. Senators Elizabeth Warren and Cory Booker have raised concerns about the low amount of penalties being assessed for COVID-19-related violations."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-06-02
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated April 27, 2021]
Form the Document: "The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. Some in Congress, and some groups representing health care, meat and poultry processing, and other workers, are calling on OSHA to promulgate an emergency temporary standard (ETS) to protect workers from exposure to SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes Coronavirus Disease 2019 (COVID-19). The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. [...] On January 21, 2021, President Joe Biden issued an executive order directing OSHA to review whether a COVID-19 ETS is necessary and, if necessary, issue an ETS by March 15, 2021. As of January 14, 2021, OSHA had issued citations from 315 inspections related to COVID-19 resulting in a total of $4,034,288 in proposed civil penalties. These citations have been issued for violations of the OSH Act's General Duty Clause and other existing OSHA standards, such as those for respiratory protection that may apply to COVID-19."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-04-27
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Federal Employees' Compensation Act (FECA): Workers' Compensation for Federal Employees [Updated March 17, 2021]
From the Summary: "The Federal Employees' Compensation Act (FECA) is the workers' compensation program for federal employees. Like all workers' compensation programs, FECA pays disability, survivors, and medical benefits, without regard to who was at fault, to employees who are injured or become ill in the course of their federal employment and to the survivors of employees killed on the job. The FECA program is administered by the Department of Labor (DOL) and the costs of benefits are paid by each employee's host agency. U.S. Postal Service (USPS) employees currently comprise the largest group of FECA beneficiaries and are responsible for the largest share of FECA benefits. [...] This report also focuses on several key policy issues facing the program, including the disproportionate share of claims and program costs attributed to postal workers, the payment of FECA benefits after retirement age, the overall level of FECA disability benefits as compared with those offered by the states, the administration of the FECA program, the costs associated with prescriptions for compounded medications, and efforts to limit the use of opioids by FECA beneficiaries. In 2020, DOL issued guidance establishing special procedures for federal employees with Coronavirus Disease 2019 (COVID-19) to determine if their exposure was related to their employment, and thus compensable under FECA. Section 4016 of P.L. [Public Law] 117-2, the American Rescue Plan Act of 2021, created a presumption of eligibility for FECA benefits for federal employees with COVID-19."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-03-17
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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated March 16, 2021]
From the Summary: "The LHWCA [Longshore and Harbor Workers' Compensation Act] pays for all medical care associated with a covered injury or illness. Disability benefits are based on a worker's pre-injury wage, and, unlike comparable state workers' compensation benefits, are adjusted annually to reflect national wage growth. Covered workers with employment-related Coronavirus Disease 2019 (COVID-19) may be eligible for LHWCA benefits but may find it difficult to demonstrate a link between their employment and diagnoses. Section 2014 of H.R. 1319, the American Rescue Plan Act of 2021, as passed by the House of Representatives, would have created a presumption of eligibility for LHWCA benefits for covered workers with COVID-19 and reimbursed their employers or employers' insurance carriers for the costs of these benefits from a newly created Longshore COVID-19 Fund. This legislation would have appropriated from the general fund such sums as necessary to reimburse the Longshore COVID-19 Fund for these reimbursements. The provision creating a presumption of eligibility for LHWCA benefits for covered workers with COVID-19 was not included in the version of H.R. 1319 passed by the Senate or the version that was enacted as P.L. [public law] 117-2."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-03-16
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Public Safety Officers' Benefits (PSOB) and Public Safety Officers' Educational Assistance (PSOEA) Programs [Updated March 11, 2021]
From the Summary: "The Public Safety Officers' Benefits (PSOB) program provides cash benefits to federal, state, and local law enforcement officers; firefighters; employees of emergency management agencies; and members of emergency medical services agencies who are killed or permanently and totally disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers' Educational Assistance (PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of public safety officers killed or permanently disabled in the line of duty. The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA). Claimants dissatisfied with denials of benefits may pursue administrative appeals within DOJ and may seek judicial review before the United States Court of Appeals for the Federal Circuit."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-03-11
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Federal Employees' Compensation Act (FECA): Workers' Compensation for Federal Employees [Updated March 10, 2021]
From the Summary: "The Federal Employees' Compensation Act (FECA) is the workers' compensation program for federal employees. Like all workers' compensation programs, FECA pays disability, survivors, and medical benefits, without regard to who was at fault, to employees who are injured or become ill in the course of their federal employment and to the survivors of employees killed on the job. The FECA program is administered by the Department of Labor (DOL) and the costs of benefits are paid by each employee's host agency. U.S. Postal Service (USPS) employees currently comprise the largest group of FECA beneficiaries and are responsible for the largest share of FECA benefits."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-03-10
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OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues [Updated February 11, 2021]
From the Document: "As states and their public school systems consider how to provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they face the safety and health of their students and the potential occupational exposure of their teachers and other employees, including support staff and transportation providers, to the SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2] virus, the virus that causes COVID-19. In 24 states and the District of Columbia, local educational agencies (LEAs),such as public school districts, and other state and local government entities are not subject to federal regulation, inspection, or enforcement by the Occupational Safety and Health Administration (OSHA) or state regulation under the Occupational Safety and Health Act of 1970 (OSH Act). LEAs in these states may be covered by OSHA-approved state occupational safety and health plans (state plans) or other state laws."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-02-11
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated January 28, 2021]
From the Summary: "The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. Some in Congress, and some groups representing health care, meat and poultry processing, and other workers, are calling on OSHA to promulgate an emergency temporary standard (ETS) to protect workers from exposure to SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes Coronavirus Disease 2019 (COVID-19). The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-01-28
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated January 14, 2021]
From the Summary: "The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. Some in Congress, and some groups representing health care, meat and poultry processing, and other workers, are calling on OSHA to promulgate an emergency temporary standard (ETS) to protect workers from exposure to SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes Coronavirus Disease 2019 (COVID-19). The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-01-14
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Energy Employees Occupational Illness Compensation Program Act (EEOICPA) [Updated January 13, 2021]
From the Summary: "During the Cold War, thousands of Americans worked in the development and testing of the nation's nuclear weapons stockpile. Some of these workers were exposed to radiation, beryllium, silica, and other toxic substances that may have contributed to various medical conditions, including different types of cancer. Enacted in 2000, the Energy Employees Occupational Illness Compensation Program Act (EEOICPA, Title XXXVI of P.L. 106-398) provides cash and medical benefits to former nuclear weapons arsenal workers with covered medical conditions and to their survivors."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-01-13
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Radiation Exposure Compensation Act (RECA): Compensation Related to Exposure to Radiation from Atomic Weapons Testing and Uranium Mining [Updated January 13, 2021]
From the Summary: "The Radiation Exposure Compensation Act (RECA) provides one-time benefit payments to persons who may have developed cancer or other specified diseases after being exposed to radiation from atomic weapons testing or uranium mining, milling, or transporting. Administered by the Department of Justice (DOJ), RECA has awarded over $2.4 billion in benefits to more than 37,000 claimants since its inception in 1990. The RECA program is scheduled to sunset in 2022. RECA benefits are available to the following groups: (1) onsite participants--$75,000 to persons who participated onsite in the atmospheric test of an atomic weapon and developed one of the types of cancers specified in the statute; (2) downwinders--$50,000 to persons who were present in one of the specified areas near the Nevada Test Site during a period of atmospheric atomic weapons testing and developed one of the types of cancers specified in the statute; and (3) uranium miners, millers, and ore transporters--$100,000 to persons who worked in mining, milling, or transportation of uranium between 1942 and 1971 and developed one of the types of diseases specified in the statute. The RECA statute was last amended in 2000. Since then, Congress has frequently considered legislation to expand the downwinder-eligibility area by making persons who were affected in other states during periods of atmospheric atomic weapons testing eligible for benefits and by allowing uranium miners, millers, and ore transporters to qualify for benefits based on work after 1971. However, an expansion of the downwinder-eligibility area is not supported by a congressionally mandated National Research Council report on atomic test fallout, and the inclusion of post-1971 uranium work, which was largely for commercial rather than governmental purposes, is not consistent with the program's stated intent."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-01-13
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OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities [Updated November 16, 2020]
From the Document: "As states and their public school systems consider how to provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they face the safety and health of their students and the potential occupational exposure of their teachers and other employees, including support staff and transportation providers, to the SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2] virus, the virus that causes COVID-19. In 24 states and the District of Columbia, local educational agencies (LEAs),such as public school districts, and other state and local government entities are not subject to federal regulation, inspection, or enforcement by the Occupational Safety and Health Administration (OSHA) or state regulation under the Occupational Safety and Health Act of 1970 (OSH Act). LEAs in these states may be covered by OSHA-approved state occupational safety and health plans (state plans) or other state laws."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-11-16
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Occupational Safety and Health Administration (OSHA): Emergency Temporary Standards (ETS) and COVID-19 [Updated October 20, 2020]
From the Document: "The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects healthcare or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. Some in Congress, and some groups representing healthcare, meat and poultry processing, and other workers, are calling on OSHA to promulgate an emergency temporary standard (ETS) to protect workers from exposure to SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2], the virus that causes Coronavirus Disease 2019 (COVID-19). The Occupational Safety and Health Act of 1970 (OSH Act) gives OSHA the ability to promulgate an ETS that would remain in effect for up to six months without going through the normal review and comment process of rulemaking. OSHA, however, has rarely used this authority in the past--not since the courts struck down its ETS on asbestos in 1983. [...] Through October 1, 2020, OSHA has issued COVID-19-related citations to employers at 62 work sites, with total proposed penalties of $913,133. These citations have been issued for violations of the OSH Act's General Duty Clause and other existing OSHA standards, such as those for respiratory protection, that may apply to COVID-19. Senators Elizabeth Warren and Cory A. Booker have raised concerns about the low amount of penalties being assessed for COVID-19-related violations."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-10-20
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Federal Employees' Compensation Act (FECA): Workers' Compensation for Federal Employees [Updated September 10, 2020]
From the Summary: "The Federal Employees' Compensation Act (FECA) is the workers' compensation program for federal employees. Like all workers' compensation programs, FECA pays disability, survivors, and medical benefits, without regard to who was at fault, to employees who are injured or become ill in the course of their federal employment and to the survivors of employees killed on the job. The FECA program is administered by the Department of Labor (DOL) and the costs of benefits are paid by each employee's host agency. U.S. Postal Service (USPS) employees currently comprise the largest group of FECA beneficiaries and are responsible for the largest share of FECA benefits. [...] This report also focuses on several key policy issues facing the program, including the disproportionate share of claims and program costs attributed to postal workers, the payment of FECA benefits after retirement age, the overall level of FECA disability benefits as compared with those offered by the states, the administration of the FECA program, the costs associated with prescriptions for compounded medications, and efforts to limit the use of opioids by FECA beneficiaries."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-09-10
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Public Safety Officers' Benefits (PSOB) and Public Safety Officers' Educational Assistance (PSOEA) Programs [Updated August 19, 2020]
From the Summary: "The Public Safety Officers' Benefits (PSOB) program provides cash benefits to federal, state, and local law enforcement officers; firefighters; employees of emergency management agencies; and members of emergency medical services agencies who are killed or permanently and totally disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers' Educational Assistance (PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of public safety officers killed or permanently disabled in the line of duty. [...] Public safety officers who contract Coronavirus Disease 2019 (COVID-19) in the line of duty may be eligible for PSOB benefits."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-08-19
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OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities [August 13, 2020]
From the Document: "As states and their public school systems consider how to provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they must consider the safety and health of their students and the potential occupational exposure of their teachers and other employees, including support staff and transportation providers, to the SARS-CoV-2 virus, the virus that causes COVID-19. In 24 states and the District of Columbia, local educational agencies (LEAs), such as public school districts, and other state and local government entities are not subject to federal regulation, inspection, or enforcement by the Occupational Safety and Health Administration (OSHA) or state regulation under the Occupational Safety and Health Act of 1970 (OSH Act). LEAs in these states may be covered by OSHA-approved state occupational safety and health plans (state plans) or other state laws."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-08-13
