119-hr4443

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4443 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4443

 To direct the Secretary of Labor to promulgate an occupational safety 
 and health standard to protect workers from heat-related injuries and 
 illnesses.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 16, 2025

 Ms. Chu (for herself, Mr. Scott of Virginia, Ms. Adams, Mr. Amo, Ms. 
 Ansari, Ms. Barragan, Ms. Bonamici, Ms. Brownley, Ms. Budzinski, Mr. 
 Carson, Mr. Carter of Louisiana, Mr. Casar, Mr. Casten, Ms. Castor of 
 Florida, Mr. Castro of Texas, Mrs. Cherfilus-McCormick, Ms. Clarke of 
 New York, Mr. Cleaver, Ms. Craig, Mr. Davis of Illinois, Ms. DeGette, 
 Ms. DeLauro, Ms. DelBene, Mr. Deluzio, Mrs. Dingell, Mr. Doggett, Ms. 
 Elfreth, Ms. Lois Frankel of Florida, Mr. Frost, Ms. Garcia of Texas, 
 Mr. Garcia of Illinois, Mr. Goldman of New York, Mr. Gomez, Mr. 
Gottheimer, Mr. Green of Texas, Mrs. Hayes, Mr. Horsford, Ms. Jayapal, 
 Mr. Johnson of Georgia, Mr. Krishnamoorthi, Mr. Larsen of Washington, 
 Mr. Lawler, Ms. Leger Fernandez, Mr. Levin, Mr. Lynch, Mr. Magaziner, 
 Mr. Mannion, Mrs. McBath, Ms. McCollum, Mr. McGarvey, Mr. McGovern, 
Mrs. McIver, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Moulton, 
 Mr. Mrvan, Mr. Mullin, Mr. Nadler, Mr. Norcross, Ms. Norton, Ms. 
 Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Ms. Pingree, Mr. 
Pocan, Mrs. Ramirez, Mr. Raskin, Ms. Rivas, Mr. Ruiz, Ms. Salinas, Ms. 
 Sanchez, Ms. Scanlon, Ms. Scholten, Mr. Smith of Washington, Ms. 
 Stansbury, Ms. Strickland, Mr. Takano, Mr. Thanedar, Mr. Thompson of 
 Mississippi, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of 
 California, Mr. Tran, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms. 
 Wasserman Schultz, and Mrs. Watson Coleman) introduced the following 
 bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To direct the Secretary of Labor to promulgate an occupational safety 
 and health standard to protect workers from heat-related injuries and 
 illnesses.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Asuncion Valdivia Heat Illness, 
Injury, and Fatality Prevention Act of 2025''.

SEC. 2. EMPLOYER DUTIES.

 Each employer shall--

    (1) furnish employment and a place of employment free from 
 conditions that may reasonably be anticipated to cause death or 
 serious physical harm from heat stress; and

    (2) comply with standards, regulations, rules, and orders 
 promulgated under this Act.

SEC. 3. WORKER HEAT PROTECTION STANDARDS.

    (a) Design of Standards.--

    (1) In general.--The Secretary shall promulgate a worker 
 heat protection standard that, in accordance with the best 
 available evidence, establishes the maximum protective program 
 of measures an employer shall implement to regulate employees' 
 exposure to heat stress and prevent heat-related illness and 
 injury that attains the highest degree of health and safety 
 protection to the extent feasible.

    (2) Considerations.--
        (A) Demonstrably achievable measures.--The 
 Secretary may presume that any requirement 
 substantially equivalent to a requirement adopted by a 
 State plan approved by the Occupational Safety and 
 Health Administration pursuant to 

section 18
            (c) of the 
 Occupational Safety and Health Act of 1970 (29 U.S.C. 
 667
            (c) ) and that has been in effect for at least 1 year 
 is feasible.
        (B) Prioritizing worker protection.--In weighing 
 any considerations during rulemaking, the Secretary 
 shall place preeminent value on assuring employees a 
 safe and healthful working environment.
            (C) Available expertise.--If the Secretary adopts 
 any finding or recommendation by the Institute, the 
 American Conference of Governmental Industrial 
 Hygienists, or the National Academies of Sciences, 
 Engineering, and Medicine relevant to heat stress in a 
 rulemaking pursuant to this Act, such finding or 
 recommendation shall be considered the best available 
 evidence.
            (D) Employer categories.--The Secretary may, in any 
 rulemaking analysis or design of standards, cluster 
 relevant employers in any categories such as standard 
 industry or occupational classifications or any common 
 or related features of heat sources, conditions of 
 employment, employer practices, employee 
 characteristics, or nature of place of employment that, 
 in the Secretary's reasonable determination, are useful 
 for designing an effective and practicable program of 
 standards, regulations, and enforcement that maximizes 
 the health and safety of employees.

    (3) Protective programs.--
        (A) In general.--In addition to measures specified 
 by this Act, the Secretary may develop a worker heat 
 protection standard with such additional requirements 
 that, in the Secretary's reasonable judgment, are 
 necessary or appropriate to achieve the purposes of 
 this Act. Such measures may include the following:
            (i) Engineering controls.--Requirements to 
 eliminate hazardous levels of heat stress 
 through engineering controls, such as isolation 
 or shielding of employees from sources of heat, 
 exhaust ventilation, insulation of hot 
 surfaces, or climate-control technologies, as 
 well as technology-based standards that 
 encourage the development of such controls.
            (ii) Administrative controls.--Requirements 
 to limit exposure to hazardous levels of heat 
 stress by adjustment of work procedures, work 
 schedules, or other work practices.
            (iii) Personal protective equipment.--
 Requirements to provide, at the employer's 
 expense, personal protective equipment such as 
 water-cooled garments, air-cooled garments, 
 heat-reflective clothing, and cooling vests.
            (iv) Health-related protocols.--
 Requirements to conduct medical symptom 
 monitoring, emergency response protocols, 
 medical removal protection, or training of 
 employees and supervisors in recognition of 
 symptoms of heat-related illness and 
 appropriate responses.
            (v) Training requirements.--Requirements to 
 train employees and supervisors in topics 
 reasonable or necessary to achieve the 
 implementation of the requirements of a 
 standard or the purposes of this Act, 
 including--
            (I) training of employees in signs 
 and symptoms of heat-related illness, 
 emergency response procedures, and 
 their rights under this Act; and
            (II) training of supervisors in 
 monitoring heat conditions and 
 environmental forecasts, recognizing 
 signs of heat-related illness, and 
 protocols for responding to likely 
 heat-related illness.
            (vi) Planning requirements.--Requirements 
 for a heat illness and injury prevention plan 
 that--
            (I) is of sufficient quality to 
 effectuate the purposes of this Act and 
 to effectuate the requirements of the 
 standard that apply to the employer;
            (II) is developed, updated, and 
 implemented with the meaningful 
 participation of the employer's 
 employees and, where applicable, such 
 employees' representatives, for all 
 aspects of the plan;
            (III) is produced and maintained in 
 writing and updated in light of 
 changing conditions or practices; and
            (IV) is made available, upon 
 request, to any employee, the 
 employee's representative, and the 
 Secretary.
            (vii) Standard health and safety 
 measures.--Any measures described in 

section 6
        (B) (7) of the Occupational Safety and Health 
 Act of 1970 (29 U.S.C. 655
        (B) (7) ).
        (B) Innovative solutions.--As the relevant 
 scientific evidence develops, technological solutions 
 improve, and environmental conditions or new work 
 practices aggravate the risk of heat-related illness or 
 injury, the Secretary may modify, supplement, or revise 
 a worker heat protection standard by rule in order to 
 improve such standard in light of such changes, even if 
 it departs from long-standing past practice, provided 
 that the resulting standard is consistent with this 
 Act.
            (C) Core practices.--The Secretary shall establish 
 criteria under which an employer who exposes or may 
 reasonably be anticipated to expose an employee to heat 
 or heat stress that is not reduced below hazardous 
 levels by engineering controls or personal protective 
 equipment shall implement a reasonable program that 
 includes--
            (i) suitably cool potable water or 
 appropriate hydration, provided at employer 
 expense;
            (ii) periodic paid rest breaks scheduled to 
 reduce heat stress below hazardous levels;
            (iii) access to shade or suitable cool-down 
 spaces;
            (iv) acclimatization policies; and
            (v) such measures that are necessary or 
 appropriate to ensure effective implementation 
 of the requirements of this subparagraph.

    (4) Other specifications.--
        (A) Protection of pay.--The Secretary shall require 
 that, for any required duration such as rest breaks, 
 medical removal protection, and training, an employee 
 shall receive compensation at the regular rate at which 
 such employee is employed.
        (B) Language access.--Any required training, 
 poster, label, hazard alert, or written plan shall be 
 provided in English and a language understood by the 
 employees, if such is not English, and prepared 
 appropriately for the vocabulary, educational level, 
 and literacy of the employees.
            (C) Temporary labor camps.--The Secretary shall 
 revise the Secretary's standard for temporary labor 
 camps to the extent necessary to achieve the purposes 
 of this Act.

    (5) Maintaining protection.--No worker heat protection 
 standard promulgated under this Act may reduce the protection 
 afforded employees by an existing worker heat protection 
 standard.

    (b) Initial Standards.--Not later than the date that is 1 year 
after the date of enactment of this Act, the Secretary shall 
promulgate, without regard to the requirements of chapters 5 and 6 of 
title 5, United States Code, subchapter I of chapter 35 of title 44, 
United States Code (commonly known as the ``Paperwork Reduction Act''), 
or the National Environmental Policy Act of 1969 (42 U.S.C. 431 et 
seq.), an interim final rule establishing a worker heat protection 
standard and related recordkeeping and reporting requirements. Such 
rule shall take effect upon issuance (except that it may include a 
reasonable delay in the effective date), shall have the legal effect of 
an occupational safety and health standard as defined by 

section 3

    (8) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652

    (8) ), 
and shall remain in effect until superseded by a final rule promulgated 
pursuant to this Act.
            (c) Rulemaking Procedures.--For any rulemaking pursuant to this Act 
after publication of the interim final rule in subsection

    (b) , the 
following procedures shall apply:

    (1) In general.--The Secretary shall, upon a showing by a 
 petitioner pursuant to paragraph

    (2) or the Secretary's own 
 determination that a worker heat protection standard is 
 necessary or appropriate to regulate employees' exposure to 
 conditions known to cause or that may reasonably be anticipated 
 to cause heat-related illness or injury, promulgate any worker 
 heat protection standard in accordance with the policies set 
 forth in this section and in accordance with 

section 553 of 
 title 5, United States Code (without regard to any reference in 
 such section to sections 556 and 557 of such title).

    (2) Petitions for rulemaking.--Any person may petition the 
 Secretary to promulgate or modify a worker heat protection 
 standard. Within 18 months after receipt of a petition, the 
 Secretary shall either grant or deny the petition by publishing 
 a written explanation of the reasons for the Secretary's 
 decision. The Secretary may not deny a petition solely on the 
 basis of inadequate resources or insufficient time for review.

    (3) Timelines.--Except as otherwise provided in subsection

    (b) , the Secretary shall observe the following schedule for 
 rulemaking:
        (A) Proposed standards.--Within one year after 
 granting a petition for rulemaking under paragraph

    (2) , 
 the Secretary shall publish a proposed worker heat 
 protection standard consistent with this section.
        (B) Final standards.--The Secretary shall 
 promulgate, within one year after such publication, 
 such standards with such modifications as the Secretary 
 deems appropriate.
            (C) Effect.--Standards or revisions thereof shall 
 become effective upon promulgation, except that the 
 Secretary may include a reasonable delay in the 
 effective date.

    (4) Transparency in rulemaking.--For any rulemaking notice 
 pursuant to this Act, the Secretary shall place in the public 
 record not later than the date of such rulemaking notice the 
 following:
        (A) The drafts of such rulemakings prepared before 
 publication and submitted by the Secretary to the 
 Office of Management and Budget for any interagency 
 review process prior to publication, all documents 
 accompanying such drafts, all written comments thereon 
 by other agencies, and all written responses to such 
 written comments by the Secretary.
        (B) A summary of the substance of any changes 
 between the text of the draft rulemaking that the 
 agency provided to the Office of Management and Budget 
 under 

section 6

    (a)

    (3)
        (B)
            (i) of Executive Order 12,866 
 and the text published in the Federal Register, 
 excluding any non-substantive changes such as spelling 
 or grammatical corrections or re-ordering of text that 
 has no legal effect.
            (C) A statement identifying any party or entity at 
 whose request any such change was made.

    (5) Judicial review.--
        (A) Filing of petition.--A petition for review in 
 accordance with 

section 702 of title 5, United States 
 Code, of action of the Secretary in promulgating any 
 worker heat protection standard or any other nationally 
 applicable regulation or final action taken by the 
 Secretary pursuant to this Act may be filed only in the 
 United States Court of Appeals for the District of 
 Columbia. The filing of a petition for review shall not 
 postpone the effectiveness of such rule or action.
        (B) Timely filing.--Any petition for review under 
 this paragraph shall be filed within sixty days from 
 the date notice of such promulgation, approval, or 
 action appears in the Federal Register.
            (C) Not subject to review.--Action of the Secretary 
 with respect to which review could have been obtained 
 under this paragraph shall not be subject to judicial 
 review in civil or criminal proceedings for 
 enforcement. Failure to promulgate any standard 
 pursuant to the schedule established by this section 
 shall be subject to review.

SEC. 4. IMPLEMENTATION AND ENFORCEMENT.

    (a) In General.--Except as otherwise provided by this section--

    (1) a worker heat protection standard shall have the same 
 legal effect as an occupational safety and health standard as 
 defined by 

section 3

    (8) of the Occupational Safety and Health 
 Act of 1970 (29 U.S.C. 652

    (8) ); and

    (2) any rule, regulation, or order promulgated pursuant to 
 this Act shall have the same legal effect as a rule, 
 regulation, or order promulgated pursuant to the Occupational 
 Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

    (b) Enforcement.--

    (1) Statute of limitations for citation.--No citation for 
 any violation of 

section 2 or any standard, rule, regulation, 
 or order pursuant to this Act may be issued under this section 
 after the expiration of four years following the occurrence of 
 any violation.

    (2) Review.--The Commission shall grant substantial 
 deference to any reasonable interpretation by the Secretary of 
 this Act or any standard, regulation, or order pursuant to this 
 Act.
            (c) Recordkeeping and Reporting.--

    (1) In general.--With regard to recordkeeping and 
 reporting, the Secretary and Secretary of Health and Human 
 Services shall have the same authority to prescribe regulations 
 related to this Act as under 

section 8 of the Occupational 
 Safety and Health Act (29 U.S.C. 657).

    (2) Consolidating requirements.--The Secretary may 
 incorporate recordkeeping and reporting requirements under this 
 section into existing recordkeeping and reporting requirements 
 promulgated pursuant to 

section 8 of the Occupational Safety 
 and Health Act (29 U.S.C. 657), provided that a violation of 
 such a requirement with regard to implementation of this Act 
 shall be enforced as a distinct violation separate and apart 
 from any other simultaneous violation of a requirement pursuant 
 to the Occupational Safety and Health Act.
            (d) Whistleblower Protections.--

    (1) Complaint.--Any employee who believes that such 
 employee has been discharged or otherwise discriminated against 
 by any person in violation of 

section 11
            (c) (1) of the 
 Occupational Safety and Health Act (29 U.S.C. 660
            (c) (1) ) with 
 regard to any matter under or related to this Act may, within 
 180 days after such violation occurs, file a complaint with the 
 Secretary following the procedures in paragraph

    (2) of such 
 section alleging such discrimination.

    (2) Action.--If the Secretary fails to notify the 
 complainant of the Secretary's determination on the complaint 
 within 90 days pursuant to 

section 11
            (c) (3) of the Occupational 
 Safety and Health Act (29 U.S.C. 660
            (c) (3) ) or determines not 
 to bring an action pursuant to paragraph

    (2) of such section, 
 such employee may bring an action in any appropriate United 
 States district court against such person for all appropriate 
 relief in accordance with paragraph

    (2) of such section as well 
 as reasonable attorney's fees and costs.

SEC. 5. GENERAL PROVISIONS.

    (a) Severability.--If any provision of this Act is held invalid, 
the remainder of this Act shall not be affected thereby. If the 
application of any provision of this Act to any person or circumstance 
is held invalid, the application of such provision to other persons or 
circumstances shall not be affected thereby.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated from sums not otherwise appropriated, for each fiscal 
year, such sums as may be necessary to carry out this Act.

SEC. 6. AGENDA FOR FURTHER REVIEW AND ACTION.

 The Secretary shall update the National Agricultural Workers Survey 
with such questions that, in the Secretary's judgment, are useful to 
identify the incidence and prevalence of heat-related illness and 
injury and assess the impact of standards and enforcement pursuant to 
this Act. Within one year of the date of enactment of this Act, the 
Secretary shall submit to the Committee on Education and Workforce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report on the Secretary's 
implementation of this section.

SEC. 7. DEFINITIONS.

 For purposes of this Act:

    (1) The term ``Commission'' means the Occupational Safety 
 and Health Review Commission.

    (2) The term ``employee'' has the same meaning as in 
 

section 3

    (6) of the Occupational Safety and Health Act of 1970 
 (29 U.S.C. 652

    (6) ).

    (3) The term ``employer'' has the same meaning as in 
 

section 3

    (5) of the Occupational Safety and Health Act of 1970 
 (29 U.S.C. 652

    (5) ).

    (4) The term ``heat stress'' means the load of heat that a 
 person experiences due to--
        (A) sources of heat or heat retention (including 
 the combined contributions of metabolic heat, 
 environmental factors, and clothing or personal 
 protective equipment); or
        (B) the presence of heat in a work setting.

    (5) The term ``heat-related illness'' means a material 
 impairment of health that occurs due to heat stress.

    (6) The term ``heat-related injury'' means an injury caused 
 by exposure to heat or sources of heat or occurring as a result 
 of heat stress.

    (7) The term ``Institute'' means the National Institute for 
 Occupational Safety and Health.

    (8) The term ``Secretary'' means the Secretary of Labor.

    (9) The term ``worker heat protection standard'' means a 
 standard that regulates employee exposure to heat stress and 
 prevents heat-related illness and injury by requiring 
 conditions or the adoption or use of one or more practices, 
 means, methods, operations, or processes reasonably necessary 
 or appropriate to provide employment and places of employment 
 that are safe or healthful.
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