A proposal expected for the 2021 session would require the Department of Labor and Industries (L&I) to develop new standards for workplace infectious diseases and establish new employment standards during declared public health emergencies.

The Health Emergency Labor Standards Act (HELSA) is being drafted by Sen. Karen Keiser (D–Des Moines), Chair of the Senate Labor & Commerce Committee. Though still an early draft, some version of the bill is expected to be introduced in the 2021 session.

The draft bill directs L&I to establish new safety standards in workplaces where workers are exposed to contagious and infectious diseases. While the bill does not require specific rules, it does outline a number of possible standards L&I could pursue, including:

• A new presumption of exposure for certain medical and emergency services occupations;
• Requiring infection risk assessments and control procedures;
• Modifying workplaces and practices;
• Requiring employers to provide (and employees to use) personal protective equipment (PPE); and
• Requiring no-cost medical services for certain infected employees.

The current bill draft does not require a public health emergency declaration to trigger L&I's new infectious disease safety standards.

HELSA also establishes new statutory employment standards that are triggered when the Governor or President declares a public health emergency, including:

• PPE use: Employers must accommodate employees’ voluntary use of PPE or provide PPE if the employer requires its use.
• Workforce infection reporting: Large employers (50+ employees) must report to L&I if 10% or more of their workforce gets infected.
• Frontline hazard pay: Employers of certain frontline workers must pay an additional 25% of the state minimum wage per hour. Frontline employees include first responders, corrections officers, health care workers, facility maintenance, and transit workers, among others.
• Additional paid sick leave: Employers must provide exposed or infected employees who cannot work or telework up to 80 hours of additional paid sick leave.
• Childcare leave: Large employers must provide employer-paid childcare leave when schools and childcare centers are closed.

The bill gives employers a dollar-to-dollar state B&O tax credit to pay for additional paid sick leave or childcare leave if there is no federal assistance. It also protects employees from retaliation or discrimination for raising workplace infection control concerns and lowers the threshold for paid family or medical leave during public health emergencies. AWC has shared with the proponents of the proposal that city employers do not pay state B&O taxes so we would need to explore a different mechanism to offset the costs of these requirements.

The proposal is not limited to COVID-19 and would apply to any future public health emergency. Several provisions reflect current COVID-19 policies implemented by executive action. Other policies are new and could significantly add to city costs during future health emergencies or even mitigating seasonal upticks in illness.

AWC has not yet taken a position on the proposal but will continue to follow it as it develops.