Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                             AN ACT

                                         ______________

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                  _________________________

To require, on an emergency basis, due to congressional review, employers to adopt and

       implement social distancing policies that adhere to Mayors Order 2020-080 or

       subsequent Mayors Order, to prohibit retaliation against an employee who refuses to

       work with or serve an individual who refuses to comply with Mayors Order 2020-080 or

       subsequent Mayors Order, to prohibit retaliation against an employee because the

       employee tests positive for or is quarantining because of COVID-19, or is caring for

       someone who has symptoms of or is quarantining because of COVID-19, and to prohibit

       retaliation against an employee who attempts to exercise any right or protection under

       Title I of this act or to stop or prevent a violation of the worker safety provisions of Title

       I of this act, to authorize the Mayor and Attorney General to administer and enforce

       workplace and employee protections in Title I of this act, to authorize the Attorney

       General to bring civil actions in a court of competent jurisdiction, to authorize the Chief

       Procurement Officer to enter into an indefinite duration/indefinite quantity contract to

       assist eligible businesses in the purchase of personal protective equipment and other

       supplies related to the containment of COVID-19, to permit federal laws, polices, and

       standards or a Mayors Order that contains stricter personal protective equipment

       standards to preempt the terms of Title I of this act; and to amend the Small and Certified

       Business Enterprise Act of 2005 to authorize the Mayor to issue grants for small

       businesses to purchase or receive reimbursements for the purchase of personal protective

       equipment for their employees.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Protecting Businesses and Workers from COVID-19 Congressional

Review Emergency Amendment Act of 2021.

       TITLE I. COVID-19 WORKPLACE SAFETY PROTECTIONS

       Sec. 101. Definitions.

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         For the purposes of this title, the term:

                 (1) Adverse employment action means an action that an employer takes against

an employee, including a threat, verbal warning, written warning, reduction of work hours,

suspension, termination, discharge, demotion, harassment, material change in the terms or

conditions of the employees employment, or any action that is reasonably likely to deter the

employee from attempting to secure any right or protection contained in this title or to prevent or

stop a violation of this title.

                 (2) Active COVID-19 infection means an infection confirmed by a diagnostic

test for COVID-19 and not an antibody test.

                 (3) COVID-19 means the disease caused by the novel coronavirus SARS-CoV-2.

                 (4) Employee includes any person suffered or permitted to work by an employer.

                 (5) Employer includes every individual, partnership, firm, general contractor,

subcontractor, association, corporation, the legal representative of a deceased individual, or the

receiver, trustee, or successor of an individual, firm, partnership, general contractor,

subcontractor, association, or corporation employing any person in the District of Columbia. The

term employer shall include the District government or a quasi-governmental agency. The

term employer shall not include the United States government or its agencies.

                 (6) Face covering means a cloth face covering, face mask, or similar textile

barrier that covers an individuals nose and mouth and works to reduce the spray of respiratory

droplets.

                 (7) Face shield means a form of personal protective equipment made of

transparent, impermeable materials intended to protect the entire face or portions of it from

droplets or splashes.

                 (8) Personal protective equipment includes face coverings, disposable gloves,

eye protection, face shields, disposable gowns or aprons, and plexiglass barriers.

                 (9) PPE means personal protective equipment.

                 (10) Public health emergency means the Coronavirus (COVID-19) public

health emergency declared pursuant to Mayors Order 2020-045, on March 11, 2020, and all

subsequent extensions.

                 (11) Workplace means any physical structure or space, over which an employer

maintains control, wherein an employee performs work for an employer; workplace does not

include the home of an employee who teleworks.

        Sec. 102. Employer policies and workplace protections.

        (a) Beginning 7 days after the effective date of this title and during the public health

emergency, employers in the District shall adopt and implement social distancing and worker

protection policies to prevent transmission of COVID-19 in the workplace that adhere to the

requirements of Mayors Order 2020-080, or subsequent Mayors Order.

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        (b)(1) An employer may establish a workplace policy to require an employee to report to

the employer a positive test for an active COVID-19 infection.

                (2) An employer may not disclose the identity of an employee who tests positive

except to the Department of Health or another District or federal agency responsible for and

engaged in contact tracing and the containment of community spread of COVID-19.

         Sec. 103. Retaliation prohibited.

         (a) No employer or agent thereof may take an adverse employment action against an

employee for the employees refusal to serve a customer or client, or to work within 6 feet of an

individual, who is not complying with the workplace protections established pursuant to section

102.

         (b)(1) No employer or agent thereof may take an adverse employment action against an

employee because:

                         (A) The employee tested positive for COVID-19; provided, that the

employee did not physically report to the workplace after receiving a positive test result;

                         (B) The employee was exposed to someone with COVID-19 and needs to

quarantine;

                         (C) The employee is sick and is waiting for a COVID-19 test result; or

                         (D) The employee is caring for or seeks to provide care for someone who

is sick with COVID-19 symptoms or who is quarantined.

                  (2) Nothing in this title prohibits an employer from requiring an employee who

has tested positive for COVID-19 to refrain from entering the workplace until a medical

professional has cleared the employee to return to the workplace or until a period of quarantine

recommended by the Department of Health or the U.S. Centers for Disease Control has elapsed.

         (c) No employer or agent thereof may take an adverse employment action against an

employee because of actions the employee takes to secure any right or protection contained in

this title or to prevent or stop a violation of this title.

        Sec. 104. Enforcement.

        (a)(1) The Mayor may enforce and administer this title by conducting investigations (of

the Mayors own volition or after receiving a complaint), holding hearings, and assessing

penalties. The Mayor shall have the power to administer oaths and examine witnesses under

oath, issue subpoenas, compel the attendance of witnesses, compel the production of papers,

books, accounts, records, payrolls, documents, and testimony, and to take depositions and

affidavits in any proceedings before the Mayor.

                (2) The Mayor may assess administrative penalties in the following amounts:

                      (A) For violations of section 102, up to $50 per violation per employee per

day for a repeated or willful violation.

                       (B) For violations of section 103, up to $500 per violation.

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        (b)(1) The Attorney General may enforce this title by conducting investigations (of the

Attorney Generals own volition or after receiving a complaint) and instituting actions. The

Attorney General shall have the power to administer oaths and examine witnesses under oath,

issue subpoenas, compel the attendance of witnesses, compel the production of papers, books,

accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in

any investigation or proceeding conducted to enforce this title.

                (2) The Attorney General, acting in the public interest, including the need to deter

future violations, may enforce this title by commencing a civil action in the name of the District

of Columbia in a court of competent jurisdiction on behalf of the District or one or more

aggrieved employees.

                (3) Upon prevailing in court after commencing a civil action as permitted by this

subsection, the Attorney General shall be entitled to:

                       (A) Reasonable attorneys fees and costs;

                       (B) Statutory penalties in an amount not greater than the maximum

administrative penalties provided under subsection (a) of this section;

                       (C) On behalf of an aggrieved employee, the payment of lost wages; and

                       (D) Equitable relief as may be appropriate.

        Sec. 105. Authority of Chief Procurement Officer.

        (a)(1) The Chief Procurement Officer (CPO), or the CPOs designee, shall have the

authority during the public health emergency, and for 90 days thereafter, to enter into an

indefinite-delivery/indefinite quantity contract (IDIQ contract) for PPE, sanitization and

cleaning products, related equipment, or other goods or supplies in furtherance of the Districts

COVID-19 recovery efforts that permit an entity that is, or is similar to, a local business

enterprise, as that term is defined in section 2302(12) of the Small and Certified Business

Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-

33; D.C. Official Code  2-218.02(12)) (CBE Act), to place orders under the IDIQ contract at

the prices specified in the IDIQ contract.

                (2) Priority consideration for purchasing through the IDIQ contract shall be given

to an eligible entity that is also:

                        (A) A small business enterprise, as that term is defined in section 2302(16)

of the CBE Act;

                        (B) A Resident-owned business, as that term is defined in section

2302(15) of the CBE Act; or

                        (C) At least 51% owned by economically disadvantaged individuals, as

that term is defined in section 2302(7) of the CBE Act, or owned by individuals who have been

subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a

group without regard to their individual qualities.

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        (b) The CPO, or the CPOs designee, shall monitor and review, and may establish

standards, procedures, or rules for IDIQ contracts entered into pursuant to subsection (a) of this

section.

        Sec. 106. Preemption.

        (a) This title shall only apply to the conduct of employers and employees in the District to

the extent it does not conflict with or is not preempted by federal law, regulation, or standard.

        (b) To the extent a Mayors Order issued pursuant to sections 5 and 5a of the District of

Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149, D.C.

Official Code  7-2304, 7-2304.01), is related to the wearing of PPE and requires employers,

employees, or other individuals to adhere to stricter safety standards, policies, or protocols than

those required under section 102, the Mayors Order shall control.

        TITLE II. PERSONAL PROTECTIVE EQUIPMENT GRANT PROGRAM

        Sec. 201. The Small and Certified Business Enterprise Development and Assistance Act

of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code  2-218.01 et seq.), is

amended as follows:

        (a) The table of contents is amended by adding a new section designation to read as

follows:

        Sec. 2317. Personal Protective Equipment emergency grant program..

        (b) A new section 2317 is added to read as follows:

        Sec. 2317. Personal protective equipment grant program.

        (a)(1) Beginning October 1, 2020, during the public health emergency, and subject to

the availability of funds, the Mayor may, notwithstanding the Grant Administration Act of 2013,

effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code  1-328.11 et seq.), issue a

grant to an eligible small business; provided, that the eligible small business:

                        (A) Submits a grant application in the form and with the information

required by the Mayor;

                        (B) Submits a clear statement describing the type and quantities of PPE

purchased or to be purchased; and

                        (C) Demonstrates, to the satisfaction of the Mayor, financial distress

caused by a reduction in business revenue due to the circumstances giving rise to or resulting

from the public health emergency.

                (2) A grant issued pursuant to this section may be provided in an amount up to

$1,000 per eligible small business for the purchase of or reimbursement for purchases of PPE

made on or after the enacted date of the Protecting Businesses and Workers from COVID-19

Emergency Amendment Act of 2020, 2020, effective August 13, 2020 (D.C. Act 23-384; 67

DCR 9870).

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        (b) The Mayor may issue one or more grants to a third-party grant-managing entity for

the purpose of administering the grant program and making subgrants on behalf of the Mayor in

accordance with the requirements of this section.

        (c) The Mayor, pursuant to section 105 of the District of Columbia Administrative

Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code  2-505), may

issue rules to implement the provisions of this section.

        (d) For the purposes of this section, the term:

                (1) Eligible small business means a business enterprise eligible for

certification as a small business enterprise under section 2332 or a nonprofit entity.

                (2) Public health emergency means the Coronavirus (COVID-19) public health

emergency declared pursuant to Mayors Order 2020-045, on March 11, 2020, and all

subsequent extensions.

                 (3) PPE means personal protective equipment, including face masks,

disposable gloves, face shields, and plexiglass barriers..

       TITLE III. FISCAL IMPACT; EFFECTIVE DATE

       Sec. 301. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

       Sec. 302. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), and shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section

412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code  1-204.12(a)).

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

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