HB0581/SB0486: Labor and Employment – Employment Standards During an Emergency (Maryland Essential Workers’ Protection Act)
Status: HB0581 – In House EMC Business Subcommittee; SB0486 In Senate FIN
Position: Oppose
The House EMC Business Subcommittee continued to meet last week to work on changes to the Maryland Essential Workers’ Act. The Arc Maryland has been involved with others in an unofficial health care coalition and has proposed amendments. There are several provisions of the bill that would create duplicate or conflicting guidance for employers and essential workers in the healthcare industry. Our remaining concerns include the following section of the bills: 3-1601 (B)(2) – the definition of an emergency is still too broad. The broader public health definition is over-achingly broad and we would get caught up in almost any declaration of emergency. The definition of emergency under this bill should be contained in “catastrophic health emergencies” which are already defined.
- 3-1601 (B)(2) – the definition of an emergency is still too broad. The broader public health definition is over-achingly broad and we would get caught up in almost any declaration of emergency. The definition of emergency under this bill should be contained in “catastrophic health emergencies” which are already defined.
- 3-1605 (B)(2) – Definition in (II) – should reference employee rights to refusal of dangerous work that are already in place as part of OSHA.
- 3-1607 (C) and all the references to a “communicable” or “infectious” disease need to reference the communicable or infectious disease “that is the subject of the catastrophic health emergency.” The current definition is entirely too broad and would encompass illnesses such as strep throat or the common cold.
Generally, we believe that stating “during an emergency, an essential employer shall comply with and provide protections to employees as required under the Occupational Safety and Health Act of 1970” will cover the interests of the proponents while ensuring we are not inadvertently creating a law that would conflict or encumber a currently working system of employee safety and employee rights.
The bill continues to be the subject of review this week.