,,ii #aafth ,,congress #ast ,session ,s4 #ahae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjai ,mr4 ,merkley 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish an occupational safety and health standard to protect farmworkers from wildfire smoke1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,farmworker ,smoke ,protection ,act of #bjai4 #b4 ,findings ,congress finds that1 as of the date of enactment of this ,act-- 7#a7 the wildfire season has increased by over #b months since the #aigjs1 and wildfires have become increasingly prevalent across the ,united ,states due to prolonged droughts and extreme temperatures2 7#b7 the average annual temperatures in the western ,united ,states have increased by #a4i degrees ,fahrenheit since #aigj2 7#c7 wildfire smoke often contains toxic chemicals and particulates1 creating hazardous air quality conditions2 7#d7 wildfire smoke often persists for extended periods of time and can travel hundreds of miles2 and 7#e7 wildfire smoke inhalation is harmful to human health1 particularly for vulnerable populations1 including outdoor workers4 #c4 ,occupational safety and health standard to protect farmworkers from wildfire smoke 7a7 ,definitions ,in this section3 7#a7 ,agricultural operation employer ,the term agricultural operation employer means an employer1 as defined in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb71 engaged in farming or agricultural operation4 7#b7 ,farmworker ,the term farmworker means an employee1 as defined in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb71 engaged in farming or other agricultural work for an agricultural operation employer4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#d7 ,uniform air quality index ,the term uniform air quality index means the ,,pm-#b4e category of the uniform air quality index for the air quality monitoring system required under section #cai7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfai7;a774 7b7 ,initial occupational safety and health standard 7#a7 ,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 7c71 the ,secretary shall deem the initial standard to protect farmworkers from wildfire smoke described in paragraph 7#b7 to be an occupational safety and health standard under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee74 7#b7 ,contents of initial standard ,the initial standard described in this subsection shall require that an agricultural operation employer-- 7,a7 provide farmworkers with appropriate equipment to protect from wildfire smoke when air quality at the workplace reaches a level of #aea or greater1 as determined by the uniform air quality index2 7,b7 ensure that the equipment provided under subparagraph 7,a7 includes an ,n#ie mask or ,n#ajj mask or other equipment certified by the ,national ,institute for ,occupational ,safety and ,health to protect from wildfire smoke exposure2 7,c7 require mandatory use of the equipment described in subparagraphs 7,a7 and 7,b7 when air quality at the workplace reaches a level of #bja or greater1 as determined by the uniform air quality index2 and 7,d7 provide1 with the equipment described in subparagraphs 7,a7 and 7,b71 training and education materials to farmworkers1 in a language understood by the farmworkers1 regarding-- 7i7 how to properly use the protective equipment2 7ii7 how long and under what conditions the protective equipment is effective2 and 7iii7 the potential health impacts of breathing wildfire smoke without proper protection4 7#c7 ,enforcement ,the initial standard described in this subsection shall be enforced in the same manner as a standard promulgated under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 including the prohibition on discrimination under section #aa7;c7 of such ,act 7#bi ,u4,s4,c4 #ffj7;c774 7c7 ,occupational safety and health standard 7#a7 ,in general ,by not later than #ij days after the date of enactment of this ,act1 the ,secretary shall begin promulgating an occupational safety and health standard under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 to protect farmworkers from wildfire smoke4 7#b7 ,requirements ,the standard promulgated under paragraph 7#a7 shall-- 7,a7 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 7b77#b72 and 7,b7 detail the potential health impacts of breathing wildfire smoke without proper protection4 7d7 ,collaboration and technical assistance 7#a7 ,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 7b77#b7 7or any similar requirement of a standard promulgated under subsection 7c774 7#b7 ,department of ,labor duties ,the ,secretary shall-- 7,a7 provide technical assistance1 upon the request of an agricultural operation employer1 regarding how to meet the employer requirements of this section2 and 7,b7 develop sample training and education materials that may be used by agricultural operation employers to meet the requirements of subsection 7b77#b77;,d7 7or any similar requirement of a standard promulgated under subsection 7c774 7#c7 ,collaboration with community organizations ,the ,secretary may1 upon request1 provide the training and educational materials developed under paragraph 7#b77;,b7 to relevant community and nonprofit organizations4