HB 1163 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, providing for work-related hazardous duty.

PRINTER'S NO.   1289

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1163
                                               Session of
                                                 2025

     INTRODUCED BY KINKEAD, ISAACSON, FREEMAN, HILL-EVANS, McNEILL,
        MADDEN, PIELLI, SANCHEZ, GUENST, KHAN, NEILSON, HOHENSTEIN,
        CERRATO, STEELE AND GREEN, APRIL 7, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 7, 2025


                                    AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in Commonwealth services, providing
 3      for work-related hazardous duty.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 35 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 7309.   Work-related hazardous duty.
 9      (a)    Presumption of work-related hazardous duty.--An
10   individual employed by a life-sustaining business or occupation
11   who is required to work and who contracts, has symptoms of or is
12   otherwise exposed to an infectious disease during the
13   declaration of a disaster emergency under section 7301 (relating
14   to general authority of Governor), the declaration of an
15   epidemic or a public health emergency in this Commonwealth by
16   the Governor or a pandemic, which results in a period of
17   hospitalization, quarantine, isolation or other control measures
18   due to infection or exposure, shall establish a presumption that
 1   the individual's medical condition or inability to work is work-
 2   related hazardous duty.
 3      (b)   Hazardous duty deemed on-duty time.--An individual with
 4   an established presumption of work-related hazardous duty under
 5   subsection (a) may not be required to use sick time, vacation
 6   time, personal time or any other accrued paid time off or
 7   contractual time off to cover the period of incapacitation or
 8   inability to work.
 9      (c)   Eligibility for unemployment compensation.--
10   Notwithstanding any provision of the act of December 5, 1936
11   (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
12   Compensation Law, an individual with an established presumption
13   of work-related hazardous duty under subsection (a) shall be
14   eligible and qualified for unemployment compensation for the
15   duration of the period of incapacitation or inability to work.
16      (d)   Eligibility for workers' compensation.--Notwithstanding
17   any provision of the act of June 2, 1915 (P.L.736, No.338),
18   known as the Workers' Compensation Act, an individual with an
19   established presumption of work-related hazardous duty under
20   subsection (a) shall be eligible and qualified for workers'
21   compensation for all medical costs related to infection or
22   exposure.
23      (e)   Definitions.--As used in this section, the following
24   words and phrases shall have the meanings given to them in this
25   subsection unless the context clearly indicates otherwise:
26      "COVID-19."   The novel coronavirus as identified in the
27   Governor's proclamation of disaster emergency issued March 6,
28   2020, published at 50 Pa.B. 1644 (March 21, 2020).
29      "Individual employed by a life-sustaining business or
30   occupation."   A front-line employee or other individual who is

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 1   employed by or under contract with a life-sustaining business or
 2   entity and who is required to work during a public health
 3   emergency. The term includes:
 4          (1)    A first responder, including a law enforcement
 5      officer, firefighter, emergency medical technician and any
 6      other individual who is considered to be a first responder.
 7          (2)    A corrections officer or other support staff.
 8          (3)    An emergency services dispatcher.
 9          (4)    An ambulance driver.
10          (5)    A retail worker, including a restaurant, food
11      services or grocery store worker, cashier or other support
12      staff.
13          (6)    A food or agriculture worker.
14          (7)    A medical, health care or public health worker,
15      including a doctor, nursing professional, physician
16      assistant, paramedic or other support staff.
17          (8)    A pharmacist or any cashier or other support staff.
18          (9)    A home health care worker.
19          (10)    A public utility worker, including a worker engaged
20      in providing telecommunications, energy, water or wastewater
21      services or public works.
22          (11)    An employee of State or local government.
23          (12)    A trash collector.
24          (13)    A warehouse worker.
25          (14)    Any other individual who is employed by a life-
26      sustaining business or occupation and who is required to work
27      during a public health emergency.
28      "Infectious disease."     As follows:
29          (1)    A disease that is:
30                 (i)   caused by a microorganism, such as a bacterium,

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 1          virus or protozoan;
 2                (ii)    not normally found in the human body; and
 3                (iii)    capable of causing infection.
 4          (2)   The term includes COVID-19 or any other novel virus
 5      or infectious disease.
 6          (3)   Some, but not all, infectious diseases are
 7      contagious, meaning that they can spread from person to
 8      person, including COVID-19 or the coronavirus. Other
 9      infectious diseases can spread from animals or insects to
10      humans, but not from person to person.
11      "Life-sustaining business or occupation."     A list of
12   businesses or occupations, as designated by the Governor, that
13   perform or conduct a range of vital operations, functions and
14   services that are essential to assisting the Commonwealth and
15   its political subdivisions in protecting people and their
16   communities while ensuring continuity of functions critical and
17   essential to public health and safety, as well as economic and
18   homeland security, and that should continue normal operations,
19   appropriately modified to account for the Centers for Disease
20   Control and Prevention's and the Department of Health's
21   workforce and customer protection guidance, during the
22   declaration of a disaster or public health emergency.
23      "Public health emergency."     An emergency declaration by the
24   Governor of an occurrence or imminent threat of a disease or
25   condition of critical public health importance with the
26   following characteristics:
27          (1)   Is believed to be caused by any of the following:
28                (i)    The emergence and spread of a novel or
29          previously controlled or eradicated infectious disease.
30                (ii)    An infectious disease epidemic in this

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1         Commonwealth or a pandemic.
2         (2)   Poses a high probability of any of the following in
3     the affected population:
4               (i)    Death.
5               (ii)    Serious or long-term disabilities.
6               (iii)    Widespread exposure to an infectious disease,
7         which poses a significant risk of substantial present or
8         future harm to the public health and safety.
9     Section 2.      This act shall take effect immediately.




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