Legislation would strengthen workplace protections during public health emergencies

With winter cold, flu and COVID-19 season upon us, U.S. Sen. Mark R. Warner is leading Senate introduction of the Chai Suthammanont Healthy Federal Workplaces Act.

The bill would require federal agencies to establish and publish workplace protections in the instance of a public health emergency declared for an infectious disease.

Companion legislation was also introduced yesterday in the House of Representatives by U.S. Rep. Gerry Connolly of Virginia.

The legislation is named for Chai Suthammanont, a kitchen staff worker at a childcare facility on Marine Corps Base Quantico, who died from coronavirus-related complications in May of 2020 after exposure to COVID-19, likely in the tight kitchen space he shared with additional staff. Confusion and uncertainty regarding best practices and agency policies, as well as a general lack of communication with federal workforce staff, likely contributed to his death.

Joining Warner in Senate introduction are Sens. Tim Kaine of Virginia, Chris Van Hollen of Maryland and Sherrod Brown of Ohio.

“Over the course of the COVID-19 pandemic, federal employees remained hard at work, ensuring that the American people could continue to count on their government. But unfortunately, the pandemic highlighted that our federal agencies were widely unprepared to protect these essential workers,” Warner said. “It’s crucial that we learn from our mistakes. We owe it to our federal workforce to ensure a safe workplace, and when faced with another public health emergency, we must be prepared.”

Connolly said that Suthammanont was his constituent, and he died May 26, 2020 of COVID-related complications.

“Confusion and uncertainty surrounding agency guidance during the pandemic emerged as two of the largest contributing factors to Chai’s death. These factors, combined with a general lack of communication with federal workforce staff, led to tragedy. Our Chai Suthammanont Healthy Federal Workplaces Act will ensure federal employees are informed and better protected during any future public health emergency. I want to thank Sen. Warner for his partnership, and I want to thank Chai’s widow, Christina, for her continued efforts to transform her family’s loss into a charge to help others,” Connolly said.

The Chai Suthammanont Healthy Federal Workplaces Act would:

·Require each federal agency to develop and maintain a plan that details public health protocols the agency will take during a nationwide infectious disease PHE declaration. The plan must include guidelines for testing, cleaning, occupancy limits, use of personal protective equipment, notification of individuals who may have been exposed, and protections for employees who travel off-site;

·Require each agency to publish the safety plan on its website and communicate its plan to employees, contractors, and subcontractors;

·Ensure accountability and oversight by requiring the Office of the Inspector General for each agency to report to Congress on plan implementation. The Government Accountability Office would also issue a report on the lessons learned during the COVID-19 pandemic to improve future protocols.

The bill is endorsed by the American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), International Federation of Professional and Technical Engineers (IFPTE) and the National Federation of Federal Employees (NFFE).