119-s2571

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2571 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2571

 To establish an occupational safety and health standard to protect 
 farmworkers from wildfire smoke and excessive heat, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 31, 2025

Mr. Merkley (for himself and Mr. Welch) introduced the following bill; 
 which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To establish an occupational safety and health standard to protect 
 farmworkers from wildfire smoke and excessive heat, and for other 
 purposes.

 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 ``Farmworker Smoke and Excessive Heat 
Protection Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds that, as of the date of enactment of this Act--

    (1) the wildfire season has increased by over 2 months 
 since the 1970s, and wildfires have become increasingly 
 prevalent across the United States due to prolonged droughts 
 and extreme temperatures;

    (2) the average annual temperatures in the western United 
 States have increased by 1.9 degrees Fahrenheit since 1970;

    (3) wildfire smoke often contains toxic chemicals and 
 particulates, creating hazardous air quality conditions;

    (4) wildfire smoke often persists for extended periods of 
 time and can travel hundreds of miles;

    (5) wildfire smoke inhalation is harmful to human health, 
 particularly for vulnerable populations, including outdoor 
 workers;

    (6) excessive heat poses a potentially deadly threat to 
 those without protection from the heat, including outdoor 
 workers; and

    (7) more than 100 people died during the June 2021 heat 
 wave in Oregon, including a farmworker.

SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARD TO PROTECT FARMWORKERS 
 FROM WILDFIRE SMOKE AND EXCESSIVE HEAT.

    (a) 

=== Definitions. ===
-In this section:

    (1) Agricultural operation employer.--The term 
 ``agricultural operation employer'' means an employer, as 
 defined in 

section 3 of the Occupational Safety and Health Act 
 of 1970 (29 U.S.C. 652), engaged in farming or agricultural 
 operation.

    (2) Excessive heat.--The term ``excessive heat'' includes 
 outdoor or indoor exposure to heat at a level that exceeds the 
 capacities of the body to maintain normal body functions and 
 may cause heat-related injury, illness, or fatality (including 
 heat stroke, heat exhaustion, heat syncope, heat cramps, or 
 heat rashes).

    (3) Farmworker.--The term ``farmworker'' means an employee, 
 as defined in 

section 3 of the Occupational Safety and Health 
 Act of 1970 (29 U.S.C. 652), engaged in farming or other 
 agricultural work for an agricultural operation employer.

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

    (b) Initial Occupational Safety and Health Standard.--

    (1) In general.--During the period beginning on the date of 
 enactment of this Act and ending on the date of the 
 promulgation of the occupational safety and health standard 
 under subsection
            (c) , the Secretary shall deem the initial 
 standard to protect farmworkers from wildfire smoke and 
 excessive heat described in paragraph

    (2) to be an occupational 
 safety and health standard under 

section 6 of the Occupational 
 Safety and Health Act of 1970 (29 U.S.C. 655).

    (2) Contents of initial standard.--The initial standard 
 described in this subsection shall require that an agricultural 
 operation employer--
        (A) provide farmworkers with appropriate equipment 
 to protect from wildfire smoke when air quality at the 
 workplace reaches a level determined by the Secretary 
 to be dangerous to human health;
        (B) ensure that the equipment provided under 
 subparagraph
        (A) includes a N95 respirator or N100 
 respirator or other equipment certified by the National 
 Institute for Occupational Safety and Health to protect 
 from wildfire smoke exposure;
            (C) require mandatory use of the equipment 
 described in subparagraphs
        (A) and
        (B) when air quality 
 at the workplace reaches an extremely dangerous level, 
 as determined by the Secretary;
            (D) provide farmworkers with appropriate equipment 
 to protect from excessive heat when the heat reaches a 
 level determined by the Secretary to be dangerous to 
 health;
        (E) ensure that the equipment provided under 
 subparagraph
            (D) includes water and cooling facilities 
 to protect from excessive heat;
        (F) require mandatory use of the equipment 
 described in subparagraphs
            (D) and
        (E) when the 
 excessive heat reaches an extremely dangerous level, as 
 determined by the Secretary;
        (G) provide, with protective equipment provided 
 under any of subparagraphs
        (A) through
        (F) --
            (i) training and education materials to 
 farmworkers, in a language understood by the 
 farmworkers, regarding--
            (I) how to properly use the 
 protective equipment;
            (II) how long and under what 
 conditions the protective equipment is 
 effective; and
            (III) the potential health impacts 
 of breathing wildfire smoke without 
 proper protection or the signs of heat 
 illness, as applicable; and
            (ii) an opportunity for the farmworkers to 
 ask questions and receive responses regarding 
 the training and education materials described 
 in clause
            (i) ; and
        (H) require that, once the air quality or heat 
 level has reached a dangerous or extremely dangerous 
 level, as determined by the Secretary under 
 subparagraph
        (A) ,
            (C) ,
            (D) , or
        (F) , farmworkers be 
 provided mandatory rest breaks--
            (i) of at least 10 minutes every 2 hours; 
 and
            (ii) in shaded areas where the exposure to 
 smoke is decreased or the temperature is 
 decreased, as applicable.

    (3) Enforcement.--The initial standard described in this 
 subsection shall be enforced in the same manner as a standard 
 promulgated under 

section 6 of the Occupational Safety and 
 Health Act of 1970 (29 U.S.C. 655), including the prohibition 
 on discrimination under 

section 11
            (c) of such Act (29 U.S.C. 
 660
            (c) ).
            (c) Occupational Safety and Health Standard.--

    (1) In general.--By not later than 90 days after the date 
 of enactment of this Act, the Secretary shall begin 
 promulgating an occupational safety and health standard under 
 

section 6 of the Occupational Safety and Health Act of 1970 (29 
 U.S.C. 655) to protect farmworkers from wildfire smoke and 
 excessive heat.

    (2) Requirements.--The standard promulgated under paragraph

    (1) shall--
        (A) provide safety and health protections for 
 farmworkers working for agricultural operation 
 employers that provide at least the same level of 
 health and safety protection as the requirements under 
 subsection

    (b)

    (2) ;
        (B) provide no less protection than the most 
 protective smoke or heat protection standard adopted by 
 a State;
            (C) detail the potential health impacts of 
 breathing wildfire smoke without proper protection; and
            (D) detail the potential health impacts of working 
 in excessive heat without proper protection.
            (d) Collaboration and Technical Assistance.--

    (1) In general.--An agricultural operation employer may 
 seek advice or assistance from the Secretary of Labor or a 
 State or local health department regarding the equipment and 
 training and education materials needed to meet the 
 requirements under subsection

    (b)

    (2) (or any similar 
 requirement of a standard promulgated under subsection
            (c) ).

    (2) Department of labor duties.--
        (A) In general.--The Secretary shall--
            (i) provide technical assistance, upon the 
 request of an agricultural operation employer, 
 regarding how to meet the employer requirements 
 of this section; and
            (ii) develop sample training and education 
 materials that may be used by agricultural 
 operation employers to meet the requirements of 
 subsection

    (b)

    (2)
        (G) (or any similar 
 requirement of a standard promulgated under 
 subsection
            (c) ).
        (B) Collaboration.--In developing training and 
 education materials under subparagraph
        (A) , the 
 Secretary shall--
            (i) work with community organizations for 
 hard-to-reach farmworkers due to geographic 
 isolation, language barriers, or literacy 
 issues; and
            (ii) seek input in the development of the 
 training and education materials in alternative 
 languages, including indigenous languages.

    (3) Collaboration with community organizations.--The 
 Secretary may, upon request, provide the training and 
 educational materials developed under paragraph

    (2)
        (A) to 
 relevant community and nonprofit organizations.
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