COVID-19 WORK PROHIBITIONS; MODIFY S.B. 1258:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 1258 (as introduced 12-10-20)
Sponsor: Senator Peter MacGregor
Committee: Committee of the Whole
CONTENT
The bill would amend Public Act 238 of 2020, which governs employment rights concerning COVID-19, to exempt an essential critical energy infrastructure worker from a prohibition against reporting to work after close contact with an individual who tested positive for or displayed the principal symptoms of COVID-19.
Under the Act, except as otherwise provided, an employee who has close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 may not report to work until 14 days have passed since the employee last had close contact with the individual or the individual with whom the employee had close contact receives a medical determination that the individual did not have COVID-19 at the time of the close contact. The Act specifies that this provision does not apply to certain employees, including a health care professional, a worker at a health care facility, or a first responder.
Under the bill, the provision above also would not apply to an essential critical energy infrastructure worker who did not display the principal symptoms of COVID-19. However, the essential critical energy infrastructure worker would have to comply with the United States Cybersecurity and Infrastructure Security Agency's Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19.
The bill would define "essential critical energy infrastructure worker" as a worker in the energy industry who performs essential energy services as described in the United States Cybersecurity and Infrastructure Security Agency's Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response, Version 2.0, March 28, 2020.
BACKGROUND
According to its website, the United States Cybersecurity and Infrastructure Security Agency's Interim Guidance for Implementing Safety Practices for Critical infrastructure Workers Who May Have Had Exposure to a Person with Suspected of Confirmed COVID-19 includes allowing a critical infrastructure worker to continue work following potential exposure if he or she remains asymptomatic and additional precautions are implemented to protect the worker and the community.[1]
The United States Cybersecurity and Infrastructure Security Agency's Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response, has been updated three times, the most recent version being Version 4.0. Earlier versions primarily identified essential work functions during community restrictions, while Version 4.0 also identifies essential workers who require specialized risk management strategies to work safely. The Guidance categorizes essential critical infrastructure workers into healthcare, energy, and water and wastewater, among other things, and provides a list of workers for each category. Generally, the energy category includes workers supporting the energy sector, regardless of the energy source, who are needed for a wide variety of services associated with the sector.
MCL 419.401 & 419.405 Legislative Analyst: Tyler VanHuyse
FISCAL IMPACT
The bill could have a positive fiscal impact on State and local government. If an essential critical energy infrastructure worker employed by a unit of government were not required to stay home from work because of the proposed changes, that unit of government would experience decreased labor costs. Also, the addition of essential critical energy infrastructure workers to the Act could decrease court filings and legal expenses for the State and local units of government to an unknown degree.
Fiscal Analyst: Ryan Bergan
Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.