PRINTER'S NO. 1845
No. 1528 Session of 1999
INTRODUCED BY BELFANTI, VEON, STURLA, CAWLEY, GEORGE, BELARDI,
ROBINSON, SANTONI, M. COHEN, MELIO, WOJNAROSKI, SOLOBAY,
ROONEY, SHANER, CAPPABIANCA, HARHAI, STABACK, DALEY,
GIGLIOTTI, TANGRETTI, SURRA, DeLUCA, SERAFINI, TRAVAGLIO,
GRUCELA, WALKO, MANN, FREEMAN, YUDICHAK, MYERS, RAMOS,
WILLIAMS AND STEELMAN, MAY 17, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 17, 1999
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
1 medical facility which is approved by the Secretary of Labor and
2 Industry in accordance with rules or regulations adopted under
3 this act and which operates a corporate medicine program or an
4 employee wellness program which includes any of the following:
5 (1) Routine commercial activities, such as preemployment
6 examinations.
7 (2) Mandated examinations, such as Federal Occupational
8 Safety and Health Administration examinations.
9 (3) Routine workers' compensation cases.
10 (4) Routine medical evaluations involving establishment
11 of product liability.
12 (5) Evaluations consigned to independent medical
13 examiners.
14 (6) Employee physical programs.
15 (7) Employee wellness programs.
16 (8) Employee drug-testing programs.
17 "Committee." The Occupational Health Clinic Advisory
18 Committee.
19 "Department." The Department of Labor and Industry of the
20 Commonwealth.
21 "Health hazard evaluation." A study of a particular
22 workplace or community performed by an interdisciplinary team of
23 occupational health professionals to determine whether there is
24 a health hazard to workers caused by exposure to toxic chemicals
25 or physical agents in the environment.
26 "Occupational disease." A disease that is peculiar to an
27 occupation in which an employee was or is engaged and which is
28 due to causes, in excess of the ordinary hazards of employment,
29 which are attributable to the occupation, and that includes, but
30 is not limited to:
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1 (1) A disease due or attributable to exposure to or
2 contact with any radioactive material by an employee in the
3 course of the employee's employment.
4 (2) Poisoning from lead, phosphorus, arsenic, brass,
5 wood alcohol or mercury or their compounds or from anthrax or
6 compressed air illness.
7 (3) Any other disease, contracted as a result of the
8 employment of a person, which is due to toxic or hazardous
9 chemicals, materials, gases or other substances identified by
10 the United States Department of Labor under occupational
11 safety and health standards contained in 29 CFR Parts 1911-
12 1925 (relating to Occupational Safety and Health
13 Administration, Department of Labor).
14 "Occupational health clinic." A public or nonprofit medical
15 facility providing diagnosis, treatment and preventative
16 services for patients with occupational diseases which is
17 licensed by the Commonwealth for those purposes. These services
18 include, but are not limited to, outpatient care, medical
19 surveillance, data collection and the assessment of workplace
20 exposure.
21 "Occupational physician." Any doctor licensed to practice
22 medicine in this Commonwealth and found to be qualified to
23 practice occupational medicine by the American Board of
24 Preventive Medicine.
25 "OSHA." The Federal Occupational Safety and Health
26 Administration.
27 "Secretary." The Secretary of Labor and Industry of the
28 Commonwealth.
29 "Surveillance." The detection by epidemiologic means of
30 disease states or significant laboratory abnormalities, the
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1 interpretation of existing data or the active pursuit of new
2 data and disease associations. The term does not include
3 preemployment-related physicals, insurance examinations or other
4 data collection activities of a purely commercial nature. The
5 term may incorporate the experience of other states and may
6 include technical support available through the National
7 Institute for Occupational Safety and Health.
8 Section 3. Grants-in-aid to occupational health clinics.
9 (a) General rule.--The secretary, in consultation with the
10 Secretary of Health, shall encourage the development of
11 occupational health clinics by making grants-in-aid to public
12 and nonprofit organizations, subject to the following:
13 (1) The grants-in-aid shall be used to facilitate the
14 development and operation of the clinics, including, but not
15 limited to, preproject development, site acquisition,
16 development, improvement and operating expenses.
17 (2) The grants-in-aid may be used for activities
18 involved in occupational disease evaluation, treatment and
19 prevention, particularly when these activities are not
20 compensated by other sources. Grants-in-aid may also be used
21 for conducting health hazard evaluations.
22 (3) No grants-in-aid shall be used to compensate any
23 occupational health clinic for any activities which could be
24 included in a corporate medicine or employee wellness
25 program, as defined in section 2.
26 (4) The secretary shall consult with the committee
27 before making any grant-in-aid.
28 (b) Qualifications.--For a public or nonprofit organization
29 to qualify for a grant-in-aid under this act, the occupational
30 health clinic to be operated shall meet all of the following
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1 criteria:
2 (1) Clinical directorship by a board-certified or board-
3 eligible occupational health physician.
4 (2) Membership in, application to or plans for
5 application to the Association of Occupational and
6 Environmental Clinics.
7 (3) Availability of industrial hygiene or related
8 services.
9 (4) Current involvement in or willingness to assist in
10 the training of occupational health professionals.
11 (5) Agreement to work with the department and the
12 Department of Health to reduce the burden of occupational
13 disease.
14 (6) Provision of assistance and medical consultative
15 services to the department and OSHA.
16 (7) Cooperation with the department, the Department of
17 Health and the Insurance Department to transfer granted
18 occupational medicine costs to appropriate insurance and
19 other private funding mechanisms.
20 (8) Agreement to attempt to educate medical
21 professionals on use of the surveillance system.
22 (9) Agreement to compile and report surveillance data.
23 (10) Cooperation with the department, the Department of
24 Health and the Insurance Department to carry out the purposes
25 of this act.
26 Section 4. Grants-in-aid for auxiliary occupational health
27 clinics.
28 The secretary, in consultation with the Secretary of Health,
29 shall encourage the development of auxiliary occupational health
30 clinics by making grants-in-aid to auxiliary occupational health
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1 clinics, subject to the following:
2 (1) The grants-in-aid shall be used to compensate
3 auxiliary clinics for the costs associated with the reporting
4 of data under section 5.
5 (2) No grants-in-aid shall be used to compensate any
6 auxiliary clinic for any activities which could be included
7 in a corporate medicine or employee wellness program, as
8 defined in section 2.
9 (3) The secretary shall consult with the committee
10 before making any grant-in-aid.
11 Section 5. Collection of data regarding occupational illnesses
12 and injuries.
13 (a) General rule.--The department shall receive and
14 coordinate data from occupational health clinics, auxiliary
15 occupational health clinics and other data bases and medical
16 sources concerning occupational illnesses and injuries at
17 various sites and related to various occupations.
18 (b) Data sources.--The department shall coordinate data
19 collection activities from current available and competent
20 sources, from new sources and from occupational health clinics
21 and auxiliary occupational health clinics and shall educate
22 unions, employers and individual workers on use of the
23 surveillance system. Data collection and reporting shall be in a
24 form which is consistent with the system used by the United
25 States Centers for Disease Control.
26 (c) Annual summary.--The department shall make available at
27 least annually to the public, the General Assembly, the
28 Department of Health, the Insurance Department and OSHA a
29 summary of the data collected under this section.
30 Section 6. Implementation of surveillance in emergency
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1 situations.
2 In the event of recognition of a health emergency, suggested
3 disease cluster or imminent hazard, the department and the
4 Department of Health, upon their own initiatives or upon notice
5 from an occupational health clinic or auxiliary occupational
6 health clinic, may initiate site-specific hazard evaluations,
7 industrywide epidemiologic and industrial hygiene studies or
8 other surveillance activities. The investigatory studies or
9 surveillance shall be conducted in full cooperation with local
10 public health officials.
11 Section 7. Rules.
12 The secretary, in consultation with the Secretary of Health,
13 shall adopt rules to carry out this act.
14 Section 8. Occupational Health Clinic Advisory Committee.
15 (a) Establishment.--There is hereby established the
16 Occupational Health Clinic Advisory Committee.
17 (b) Members.--The committee shall be comprised of the
18 following persons or their designees:
19 (1) The Secretary of Health.
20 (2) The Secretary of Labor and Industry.
21 (3) The Insurance Commissioner.
22 (4) Three persons appointed by the Governor, of which
23 one must represent organized labor, one must represent
24 business and one must represent occupational health
25 professionals.
26 (5) Three persons appointed by the President pro tempore
27 of the Senate, of which one must represent organized labor,
28 one must represent business and one must represent
29 occupational health professionals.
30 (6) Three persons appointed by the Speaker of the House
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1 of Representatives, of which one must represent organized
2 labor, one must represent business and one must represent
3 occupational health professionals.
4 (c) Report.--The committee shall report to the Governor and
5 the General Assembly no later than September 15, 2000, and
6 annually thereafter, its recommendations as to the following:
7 (1) Methods for the coordination of activities among
8 occupational health clinics, auxiliary occupational health
9 clinics, the Commonwealth and any other entities.
10 (2) Methods and the nature of disclosure of research and
11 data collection results and related educational information.
12 (3) The appropriate methods of funding, including
13 sources of funding for occupational health clinics and
14 related Commonwealth activities, particularly regarding
15 surveillance.
16 (4) Delineation of new goals in occupational disease
17 detection and prevention.
18 Section 9. Appropriation.
19 The sum of $1,000,000, or as much thereof as may be
20 necessary, is hereby appropriated to the Department of Labor and
21 Industry for the fiscal year July 1, 1999, to June 30, 2000, to
22 carry out the provisions of this act.
23 Section 10. Effective date.
24 This act shall take effect in 60 days.
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