Congressmen Don Bacon (NE-02), Paul Tonko (NY-20), and Jim Langevin (RI-02) today introduced bi-partisan legislation to aid national biopreparedness by amending the Public Health Services (PHS) Act to include coverage of National Institute for Occupational Safety and Health (NIOSH)-certified respiratory protective devices. In 2005, the Public Readiness and Emergency Preparedness (PREP) Act added legal authorities to the PHS Act to provide federal liability immunity to items HHS identifies as necessary for public health emergency response. Currently, only FDA-approved items are eligible for PREP Act coverage, NIOSH-certified respirators are not. Yet, in nearly every public health emergency with an airborne hazard, the CDC urges the use of these respirators in order to keep workers safe.
H.R. 4982, the Health Care Workforce Protection Act of 2019, adds NIOSH-certified respiratory protection devices to the PREP Act to improve the public health emergency response. H.R. 4982 will ensure that respirator manufacturers and distributors are not penalized for heeding the nation’s call in the event of these emergencies, and that these devices are available when needed.
“In the case of a serious medical epidemic or disease outbreak, certified respirators and medical equipment must be made available and accessible to medical professionals and first responders to protect them from airborne threats,” said Rep. Bacon. “I am proud to introduce legislation that will ensure respiratory protection devices are available in the instance of a national or public health emergency.”
“First responders and medical professionals make incredible sacrifices to keep us safe during emergencies, and they must have the proper equipment to stay protected,” said Rep. Langevin. “I’m pleased to join Representatives Bacon and Tonko in introducing the Health Care Workforce Protection Act to make sure respiratory protective devices are available and accessible for health care workers when responding to public health emergencies.”
“As climate change continues to drive a growing threat of natural disasters and pandemic disease, consumer demand will continue to climb for safety products that help families and communities cope with these events,” said Rep. Tonko. “The American people need to know products designed to keep them safe will be available to them. Establishing limited liability protections for NIOSH-certified respirators will mean Americans can breathe a little easier knowing that these safe, reliable consumer products will be readily available in the event of an emergency.”
