Employees Comprehensive Respiratory Disease Compensation and Registration Act - Title I: General Provisions - Expresses the findings of Congress and declares the purposes of this Act.
Sets forth the definitions of terms used in this Act.
Title II: Claims for Benefits Filed on or Before December 31, 1976 - Directs the Secretary of Health, Education, and Welfare to make payments of benefits in respect of total disability of any worker due to a respiratory disease arising out of his employment in a health-hazard industry, and in respect of the death of any worker whose death was due to such disease or who at the time of his death was totally disabled by such disease. Directs the Secretary to prescribe standards for determining when a worker is totally disabled due to a respiratory disease.
States that the disabled worker shall be paid benefits during the disability at a rate not less than 66 2/3 per cent of the employees' average weekly wage, subject to specified limitations. Makes provisions in the case of death of a worker for benefits to be paid to his widow, children and dependents.
Provides that benefit payments shall be reduced by an amount equal to any payment received under the workmen's compensation, unemployment compensation, or disability insurance laws on account of the disability.
Enumerates the circumstances under which no claim for benefits shall be considered, including: (1) the claimant has also filed a claim under the applicable State workmen's compensation law; and (2) the claim is filed on or before June 30, 1975, in the case of a claimant who is a widow, within six months after the death of her husband or by June 30, 1975, whichever is the later.
Prescribes specific rules governing the procedures for any claim for benefits under this title filed during the period from July 1, 1975, to December 31, 1975.
Title III: Claims for Benefits After December 31, 1976 - Provides that on and after January 1, 1976, any claim for benefits shall be filed pursuant to the applicable State workmen's compensation law, except that when claimants are not covered by a State workmen's compensation law which provides adequate coverage for such disease, they shall be entitled to claim benefits under this title. Prescribes the conditions under which a State workmen's compensation law shall not be deemed to provide adequate coverage.
Directs the Secretary to publish a list of State workmen's compensation laws which provide adequate coverage for one or more such respiratory diseases.
Provides that during any period after December 31, 1976, in which a State workmen's compensation law is not included on such list, benefits shall be paid by each employer. Directs each such employer to secure the payment of benefits for which he is liable by: (1) qualifying as a self-insurer; or (2) insuring and keeping insured the payment of such benefits with any stock company or mutual company or association, or with any person or fund, authorized to insure workmen's compensation.
Authorizes the Secretary of Labor and the Secretary of Health, Education, and Welfare to issue such regulations as each deems appropriate to carry out the provisions of this Act.
Authorizes to be appropriated for specified purposes of this Act $10,000,000 for each of the fiscal years 1974, 1975, and 1976. Authorizes to be appropriated for additional purposes such sums as are necessary.
Provides that no employer employing workers in a health-hazard industry shall discharge or in any other way discriminate against any worker by reason of the fact that such worker is suffering from a respiratory disease associated with such industry. Sets forth the procedures to be followed by any worker who believes he has been discharged or discriminated against in violation of this Act.
Title IV: Nationwide Register of Employee Exposure - Directs the Secretary of Labor, in cooperation with the Secretary of Health, Education, and Welfare, to issue regulations for the collection and maintenance of a national register of persons exposed to the risk of disease of the respiratory tract and related tissues arising out of their employment in a health-hazard industry. Requires that such regulations make appropriate provision for each employee or former employee to have access to information in the register as indicates his own exposure.
Authorizes to be appropriated to the Secretary of Labor such sums as may be necessary to carry out his responsibilities under this Act.
Introduced in Senate
Referred to Senate Committee on Labor and Public Welfare.
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