1. Short title This Act may be cited as the COVID–19 Workers First Protection Act of 2020 . I COVID–19 Emergency Temporary Standard and Surveillance, Tracking, and Investigation of Work-Related Cases 101. Emergency temporary and permanent standards (a) Emergency temporary standard (1) In general In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for employees, pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c)(1) ), not later than 1 month after the date of enactment of this Act, the Secretary of Labor shall, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute for Occupational Safety and Health, and the persons described in paragraph (2), promulgate an emergency temporary standard to protect from occupational exposure to SARS–CoV–2— (A) employees of health care sector employers; (B) employees of employers in the paramedic and emergency medical services, including such services provided by firefighters and other emergency responders; and (C) employees in other sectors and occupations whom the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration identifies as having elevated risk. (2) Consultation In developing the standard under this subsection, the Secretary shall consult with professional associations and representatives of the employees in the occupations and sectors described in subparagraphs (A) through (C) of paragraph (1) and the employers of such employees. (3) Enforcement discretion If the Secretary of Labor determines it is not feasible for an employer to comply with a requirement of the standard promulgated under this subsection (such as the provision of the necessary personal protective equipment), the Secretary may exercise discretion in the enforcement of such requirement if the employer demonstrates that the employer— (A) is exercising due diligence to come into compliance with such requirement