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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To require, on an emergency basis, employers to adopt and implement workplace safety policies
that adhere to all applicable Mayors Orders related to the COVID-19 public health
emergency, to prohibit retaliation against an employee for taking actions related to
complying with, stopping a violation of, or complaining about an employers actions
related to applicable COVID-19 health and safety laws and practices, testing positive or
quarantining because of COVID-19, or caring for someone who has COVID-19
symptoms or is quarantining because of COVID-19, to prohibit an employer from
prohibiting or discouraging an employees use or wearing of personal protective
equipment and from requiring an employee to agree or to comply with a workplace
policy not to disclose information about workplace safety related to COVID-19, to
establish a rebuttable presumption that an employer who takes an adverse employment
action within 30 days after an employee engages in protected activity took the action in
retaliation for the employees protected activity, to authorize the Mayor to administer and
enforce the workplace and employee protections in Title I of this act by receiving
complaints, conducting investigations, and issuing civil fines, to authorize the Attorney
General to enforce the workplace and employee protections in Title I of this act by
receiving complaints, conducting investigations, and bringing civil actions in a court of
competent jurisdiction, to authorize a private right of action to enforce section 103 of this
act, to require employers to post notice of employees rights under Title I of this act upon
publication of such notice by the Mayor, and to provide that federal laws and regulations
and standards preempt Title I of this act; 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; 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 amend the District of Columbia Unemployment Compensation Act to specify that
an employee who voluntarily quits work due to an unsafe workplace is eligible for
unemployment benefits; to amend the District of Columbia Government Comprehensive
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Merit Personnel Act of 1978 to include COVID-19 as a compensable injury if contracted
in the course and scope of employment; to amend the Workers Compensation Act of
1979 to include COVID-19 as a compensable injury if contracted in the course and scope
of employment; to amend the Tipped Wage Workers Fairness Amendment Act of 2018 to
require the Mayor to add rights under this act to the Mayors website stating the rights
and benefits to which an individual is entitled under District labor laws; to repeal the
Protecting Businesses and Workers from COVID-19 Temporary Amendment Act of
2020; and to repeal the Protecting Businesses and Workers from COVID-19
Congressional Review Emergency Amendment Act of 2021.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Workplace Safety During the COVID-19 Pandemic Emergency
Amendment Act of 2021.
TITLE I. WORKPLACE PROTECTIONS
Sec. 101. Definitions.
For the purposes of this title the term:
(1) Active Covid-19 infection means an infection confirmed by a diagnostic test
for COVID-19 and not an antibody test.
(2) 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 other 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.
(3) "Attorney General" means the Attorney General for the District of Columbia,
as established by section 435 of the District of Columbia Home Rule Act, effective May 28,
2011 (D.C. Law 18-160A; D.C. Official Code 1-204.35).
(4) CDC means the U.S. Centers for Disease Control.
(5) COVID-19 means the disease caused by the novel coronavirus SARS-CoV-
2.
(6) COVID-19 symptoms means symptoms identified by the CDC or DOH that
may appear after exposure to COVID-19 and include fever, chills, cough, shortness of breath,
difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore
throat, congestion, runny nose, nausea, vomiting, conjunctivitis, a rash on skin or discoloration
of fingers or toes, chest pain or pressure, loss of speech or movement, or diarrhea.
(7) DOES means the Department of Employment Services.
(8) DOH means the Department of Health.
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(9) Employee includes any person suffered or permitted to work by an
employer.
(10) 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 a person in the District of Columbia. The
term employer includes the District government and its agencies and does not include the
United States government or its agencies.
(11) Mayors Order means an order related to the public health emergency
issued by the Mayor pursuant to section 5 or 5a of the 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, 7-2304a).
(12) OSHA means the U.S. Department of Labor Occupational Safety and
Health Administration.
(13) Personal protective equipment means clothing or accessories worn as a
barrier to protect against COVID-19, including face masks, disposable gloves, face shields,
plexiglass barriers, or any other protective equipment required by federal or District law or
regulations or Mayors Order, required pursuant to a standard issued by OSHA, or recommended
by the CDC or WHO, to make the transmission of COVID-19 between persons less likely.
(14) PPE means personal protective equipment.
(15) Public health emergency means the COVID-19 public health emergency
declared on March 11, 2020, pursuant to Mayors Order 2020-045, and all subsequent
extensions.
(16) WHO means World Health Organization.
(17) Workplace means any physical structure or space, over which an employer
maintains control, wherein an employee performs work for an employer. The term workplace
does not include the home or other location where an employee teleworks that is not subject to
the employers control.
(18) Workplace health and safety practices related to COVID-19 means a
workplace health and safety practice related to an employers compliance with federal or District
law or regulations or Mayors Orders, a standard issued by OSHA, or a recommendation by the
CDC or WHO intended to make the transmission of COVID-19 between persons less likely.
Sec. 102. Employer policies and workplace protections.
(a) During the public health emergency, employers in the District shall adopt and
implement social distancing and workplace protection policies to prevent transmission of
COVID-19 in the workplace in accordance with the requirements of all applicable Mayors
Orders.
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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 name of an employee whom the employer
learns has tested positive for COVID-19 except to DOH or another District, state, or federal
agency responsible for and engaged in contact tracing or the containment of community spread
of COVID-19, or as otherwise required by law.
Sec. 103. Prohibited retaliation.
(a) No employer may take an adverse employment action against an employee because
the employee:
(1) Complied or reasonably attempted to comply with the requirements of a
Mayors Order;
(2) Reasonably attempted to prevent or stop a violation of the requirements of a
Mayors Order;
(3) Submitted a complaint to the Mayor or the Attorney General pursuant to this
title;
(4) Raised reasonable concerns about workplace health and safety practices
related to COVID-19 to:
(A) The employer, the employers agent, other employees, contractors, or
agents of the employer;
(B) A government agency; or
(C) The public; or
(5) Attempted to secure any other right or protection contained in this title or to
prevent or stop a violation of this title.
(b)(1) No employer may take an adverse employment action against an employee because
the employee:
(A) Tested positive for COVID-19; provided, that the employee did not
physically report to the workplace within 2 weeks after receiving a positive test result or during
the timeframe recommended for quarantine by current DOH or CDC guidance;
(B) Had close contact with someone who has a confirmed case of COVID-
19 or was exposed to someone experiencing COVID-19 symptoms;
(C) Needs to quarantine in accordance with CDC or DOH guidance;
(D) Is sick with COVID-19 symptoms and is waiting for a COVID-19 test
result; or
(E) Is caring for someone who is sick with COVID-19 symptoms or who
is quarantined in accordance with CDC or DOH guidance.
(2) Nothing in this section prohibits an employer from requiring an employee who
has tested positive for COVID-19, who is experiencing COVID-19 symptoms, or who has
recently been exposed to someone with COVID-19 to refrain from entering the workplace until
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the employee is no longer experiencing COVID-19 symptoms and the applicable period of
quarantine recommended by the DOH, CDC, or WHO has elapsed, or until a medical
professional has cleared the employee to return to the workplace.
(c) No employer may prohibit or cause another person to prohibit or discourage an
employee from wearing or using PPE.
(d)(1) No employer may require an employee to sign a contract or other agreement that
would limit or prevent the employee from disclosing information about the employers
workplace health or safety practices or hazards related to COVID-19 or to otherwise comply
with any workplace policy that would limit or prevent such disclosure.
(2) A contract, other agreement, or policy prohibited pursuant to paragraph (1) of
this subsection shall be void and unenforceable as contrary to the public health and to the public
policy of the District.
(3) An employers enforcement of a policy prohibited by paragraph (1) of this
subsection or an employers attempt to obtain an employees consent to a contract or other
agreement prohibited by paragraph (1) of this subsection, regardless of whether this attempt is
successful, shall constitute an adverse employment action.
(e)(1) If an employer takes an adverse employment action against an employee within 30
days after the employee engages or attempts to engage in activity protected under subsection
(a)(2), (3), (4), or (5) of this section or subsections (b), (c), or (d) of this section, the adverse
employment action shall be presumed retaliatory and taken because of the employees protected
activity.
(2) An employer may rebut a presumption of retaliation by a preponderance of the
evidence that the adverse employment action was taken for legitimate purposes and not because
the employee engaged in or attempted to engage in protected activity.
(f) The protections of this section do not apply to an employee if the employee knowingly
and falsely claims to:
(1) Have been exposed to COVID-19;
(2) Have COVID-19;
(3) Be providing caretaking services to someone required to self-quarantine; or
(4) Be required to self-quarantine.
Sec. 104. Enforcement by the Mayor.
(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.
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(2) A person to whom a subpoena or notice of deposition has been issued
pursuant to paragraph (1) of this subsection shall have the opportunity to move to quash or
modify the subpoena, or object to the notice of deposition, in the Superior Court of the District of
Columbia. In case of failure of a person to comply with any subpoena lawfully issued under this
subsection, or on the refusal of a witness to testify to any matter regarding which he or she may
be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or
any judge thereof, upon application by the Mayor, to compel obedience by attachment
proceedings for contempt, as in the case of disobedience of the requirements of a subpoena
issued from the Court or a refusal to testify therein.
(b)(1) The Mayor may receive complaints for violations of sections 102 and 103 through
the Districts 311 telephone service or portal, and through the Districts Coronavirus website at
https://coronavirus.dc.gov. The Mayor may also receive complaints through other means.
(2) To file a complaint, a complainant shall provide the name and location of the
business or entity alleged to have committed a violation of this title, provide a description of the
nature of the violation, and indicate the date and time of the observed violation. Paragraph
(3)(A) of this subsection shall not apply if a complainant does not provide the complainants
name or contact information with the complaint.
(3)(A) Within 2 business days after receipt of a complaint, the Mayor shall
confirm receipt, in writing, to the complainant (either via email or by depositing a written notice
of confirmation in the United States mail). Written confirmation may include a unique case
number, the date and time of receipt of the complaint, and information on how to track the
complaint process.
(B) The Mayor shall begin an investigation of the violations alleged in the
complaint within 5 business days after receiving the complaint.
(4)(A) The Mayor shall complete all investigations of complaints received
pursuant to this section within 60 days after receipt of the complaint and issue written findings
within 90 days after receipt of the complaint related to whether:
(i) The violation complained of was substantiated;
(ii) If substantiated, it is the employers first violation or the
employer is a repeat violator; and
(iii) Fines or corrective action were imposed.
(B) If the complainant provided contact information, the Mayor shall send
the findings to the complainant (by email or by depositing the findings in the United States mail).
Written findings may be accompanied by statements regarding an employees right to discuss
and complain of workplace safety violations without retaliation pursuant to this title and an
employees right to relief through a private cause of action pursuant to section 106.
(c)(1) The Mayor may impose the following civil fines for a violation of section 102 or
103:
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(A) For violations of section 102, up to $1,000 per violation per employee
per day for each violation.
(B) For violations of section 103, up to $2,000 per violation.
(2) Enforcement and adjudication of fines imposed pursuant to paragraph (1) of
this subsection shall be pursuant to the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code 2-
1801.01 et seq.).
(3) The penalties in this section are not preclusive of any other applicable
statutory penalties.
(d) Each month, the Mayor may post on the Districts Coronavirus website a summary of
the complaints received pursuant to this section. The summary may include:
(1) The total number of complaints received for the month;
(2) The total number of alleged violations delineated by:
(A) Type of alleged violation; and
(B) The industry (restaurant, higher education, childcare, religious
organization, social services organization, retail, etc.) in which the alleged violation occurred;
(3) The status of the investigation into each complaint, whether resolved or
unresolved; and
(4) The name of each business for which a violation was found and a statement of
the penalty imposed.
(e) Nothing in this subsection shall be interpreted as obligating the Mayor to impose fines
on the District or a District agency for a violation of this title.
Sec. 105. Enforcement by the Attorney General.
(a)(1) The Attorney General has the authority to enforce this title by conducting
investigations (of the Attorney Generals own volition or after receiving a complaint from the
Mayor or another person or entity), receiving complaints, 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, reco