,,ii #aafth ,,congress #b;d ,session ,s4 #dgha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #a1 #bjbj,mr4 ,schumer 7for ,ms4 ,harris 7for herself1 ,mr4 ,brown1 ,ms4 ,baldwin1 ,ms4 ,warren1 and ,mr4 ,merkley77 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to direct the ,occupational ,safety and ,health ,administration to issue an occupational safety and health standard to protect workers from heat-related injuries and illnesses4 #a4 ,short title and findings 7a7 ,short title ,this ,act may be cited as the ,asuncion ,valdivia ,heat ,illness and ,fatality ,prevention ,act of #bjbj4 7b7 ,findings ,congress finds the following3 7#a7 ,excessive heat exposure poses a direct threat to workers and the economy4 ,climate change increases this danger1 as #ai of the #bj hottest years on record have occurred since #bjja4 ,rising temperatures are projected to cause an increase in heat-related workplace injuries and illnesses1 a dramatic loss in labor capacity1 and decreased productivity4 7#b7 ,on average1 #c times as many people die from extreme heat in the ,united ,states each year than from hurricanes1 floods1 and tornadoes combined4 7#c7 ,heat-related illnesses can arise when high temperatures rise above the body's capacity to dispel heat4 ,impacts range from comparatively minor problems such as heat cramps to severe afflictions such as organ damage1 heat exhaustion1 stroke1 and death4 7#d7 ,heat stress and ,,covid-#ai are a combined threat to workers4 ,respiratory infections1 such as ,,covid-#ai1 and protective equipment1 like essential face masks1 can increase susceptibility to heat exhaustion and heat stroke4 ,many of the symptoms of ,,covid-#ai and heat stress may combine to cause acute illness that is especially deadly4 7#e7 ,jobs at highest risk of heat stress illness and death are disproportionately held by ,black and ,brown workers1 a disparity that reflects the racial injustice inherent in our economic system4 7#f7 ,farmworkers and construction workers suffer the highest incidence of heat illness1 but all outdoor and indoor workers employed in excessively hot and humid environments are at significant risk of material impairment of health or functional capacity4 7#g7 ,asuncion ,valdivia was a ,california farmworker who died of heat stroke in #bjjd after picking grapes for #aj straight hours in #aje degree temperatures4 ,instead of calling an ambulance1 his employer told his son to drive ,mr4 ,valdivia home4 ,on his way home1 he started foaming at the mouth and died4 7#h7 ,people working in excessive heat suffer diminished mental acuity and physical ability1 which increases the risk of accidents4 ,heat-related injuries and illnesses increase workers' compensation costs and medical expenses4 7#i7 ,the costs of lower labor productivity under rising temperatures is estimated to reach up to #afj1jjj1jjj1jjj in lost wages per year in the ,united ,states by #bjij according to the #bjah ,national ,climate ,assessment4 ,the drop in productivity decreases income for employers and workers4 ,global gross domestic product losses from heat are projected to be greater than #bj percent by the end of this century4 7#aj7 ,every year1 thousands of workers become sick and some die from exposure to heat4 ,between #aiib and #bjag1 #hae ,united ,states workers died from heat and almost #gj1jjj were seriously injured4 ,these numbers are generally understood to be gross undercounts because many heat-related illnesses and deaths are blamed on natural causes4 7#aa7 ,workers have a legal right to a safe workplace4 ,the vast majority of heat-related workplace deaths and illnesses can be prevented by access to water1 rest1 and shade4 ,many employers don't provide these simple measures for workers according to the ,occupational ,safety and ,health ,administration4 7#ab7 ,employers often retaliate against employees if they report or seek assistance due to problems with heat4 ,many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death4 7#ac7 ,in the absence of a ,federal standard1 multiple branches of the ,united ,states ,armed ,forces--including the ,army1 ,navy1 ,marine ,corps1 and ,air ,force--have issued heat prevention guidelines1 and several ,states--,california1 ,washington1 and ,minnesota--have issued heat prevention standards4 ,the ,national ,institute for ,occupational ,safety and ,health 7,,niosh7 issued criteria for such a standard in #aigb1 updating it in #aihf and #bjaf4 7#ad7 ,congress created the ,occupational ,safety and ,health ,administration to ensure safe and healthful working conditions by setting and enforcing standards pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj4 ,employees are exposed to grave danger from exposure to excessive heat4 ,the ,occupational ,safety and ,health ,administration must develop a standard to protect workers from the significant risks of heat-related illness and death4 #b4 ,,osha safety standard for exposure to heat and hot environments 7a7 ,proposed standard ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor shall1 pursuant to section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b771 promulgate a proposed standard on prevention of occupational exposure to excessive heat4 7b7 ,final standard ,not later than #db months after the date of enactment of this ,act1 the ,secretary shall promulgate a final standard on prevention of occupational exposure to excessive heat that shall-- 7#a7 provide no less protection than the most protective heat prevention standard adopted by a ,state plan that has been approved by the ,secretary under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg7 and1 at a minimum1 include the requirements described in section #d2 and 7#b7 be effective and enforceable in the same manner and to the same extent as any standard promulgated under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b774 7c7 ,interim final standard 7#a7 ,in general ,if the proposed standard described in subsection 7a7 is not promulgated not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate an interim final standard on prevention of occupational exposure to excessive heat not later than #b years and #fj days after such date of enactment-- 7,a7 to require covered employers to develop and implement a comprehensive workplace excessive heat prevention plan to protect covered employees from excessive heat that may lead to heat-related injuries and illnesses2 and 7,b7 that shall1 at a minimum-- 7i7 provide no less protection than the most protective heat prevention standard adopted by a ,state plan that has been approved by the ,secretary under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg72 7ii7 establish requirements with respect to exposure limits that trigger action to protect covered employees from heat-related illness1 hydration1 scheduled and paid rest breaks in shaded or climate-controlled spaces1 an acclimatization plan1 exposure monitoring1 and other measures to prevent exposure to heat above safe limits1 employee and supervisor training1 hazard notification1 an emergency medical response plan1 heat-related surveillance1 recordkeeping1 and procedures for compensating piece rate workers for required heat-related rest breaks2 7iii7 take into consideration the ,,niosh ,criteria for a ,recommended ,standard3 ,occupational ,exposure to ,heat and ,hot ,environments published by the ,national ,institute for ,occupational ,safety and ,health in #bjaf2 and 7iv7 include a requirement to protect employees from discrimination or retaliation for exercising the rights of the employees under the interim final standard4 7#b7 ,applicability of other statutory requirements ,the following shall not apply to the promulgation of the interim final standard under this subsection3 7,a7 ,the requirements applicable to occupational safety and health standards under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b774 7,b7 ,the requirements of section #eec7;c7 of chapter #e and chapter #f of title #e1 ,united ,states ,code4 7,c7 ,the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,effective date of interim standard ,the interim final standard shall-- 7,a7 take effect on a date that is not later than #cj days after the promulgation of such standard1 except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date2 7,b7 be enforced in the same manner and to the same extent as any standard promulgated under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b772 and 7,c7 be in effect until the final standard described in subsection 7b7 becomes effective and enforceable4 #c4 ,definitions ,in this ,act3 7#a7 ,covered employee ,the term covered employee includes an individual employed by a covered employer4 7#b7 ,covered employer ,the term covered employer-- 7,a7 means an employer that employs an individual to work at a covered workplace2 and 7,b7 includes a contractor1 subcontractor1 a temporary service firm1 or an employee leasing entity4 7#c7 ,covered workplace ,the term covered workplace includes a workplace with occupational exposure to excessive heat4 7#d7 ,employer ,the term employer has the meaning given the term in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 7#e7 ,excessive heat ,the term excessive heat includes outdoor or indoor exposure to heat at levels that exceed the capacities of the body to maintain normal body functions and may cause heat-related injury1 illness1 or fatality 7including heat stroke1 heat exhaustion1 heat syncope1 heat cramps1 or heat rashes74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 #d4 ,requirements for final standard on prevention of occupational exposure to excessive heat 7a7 ,in general ,the final standard promulgated under section #b7;b7 shall1 at a minimum-- 7#a7 take into consideration the ,,niosh ,criteria for a ,recommended ,standard3 ,occupational ,exposure to ,heat and ,hot ,environments published by the ,national ,institute for ,occupational ,safety and ,health in #bjaf2 7#b7 establish requirements with respect to exposure limits that trigger action to protect covered employees from heat-related illness1 hydration1 scheduled and paid rest breaks in shaded or climate-controlled spaces1 an acclimatization plan1 exposure monitoring1 and other measures to prevent exposure to heat above safe limits1 employee and supervisor training1 hazard notification1 medical monitoring1 an emergency medical response plan1 heat-related surveillance recordkeeping1 procedures for compensating piece rate workers for required heat-related rest breaks1 and a heat prevention plan2 and 7#c7 include the requirements described in subsection 7b7 with respect to covered employers4 7b7 ,requirements ,the final standard promulgated under section #b7;b7 shall1 with respect to covered employers1 include the following3 7#a7 ,heat illness prevention plans 7,a7 ,in general ,a covered employer shall develop1 implement1 and maintain an effective1 written excessive heat illness prevention plan for covered employees1 which shall-- 7i7 be developed and implemented with the meaningful participation of covered employees and1 where applicable1 employee representatives and collective bargaining representatives1 for all aspects of the plan2 7ii7 be tailored and specific to hazards in the covered workplace2 7iii7 be in writing1 in ,english and in the language understood by a majority of the employees1 if such language is not ,english2 and 7iv7 be made available1 upon request1 to such employees1 the employee representatives for such employees1 and the ,secretary4 7,b7 ,plan content ,each plan required under subparagraph 7,a7 shall include procedures and methods for the following3 7i7 ,initial and regular monitoring of employee exposure to determine whether employees are exposed to excessive heat4 7ii7 ,provision of water1 paid rest breaks1 and access to shade or cool-down areas4 7iii7 ,emergency response4 7iv7 ,acclimatization4 7v7 ,hazard prevention1 including engineering controls1 administrative controls1 or personal protective equipment to correct1 in a timely manner1 applying industrial hygiene principles of the hierarchy of controls1 including1 as appropriate-- 7,i7 engineering controls that may include isolation of hot processes1 isolation of employees from sources of heat1 local exhaust ventilation1 shielding from a radiant heat source1 and insulation of hot surfaces1 the provision of air conditioning1 cooling fans1 cooling mist fans1 evaporative coolers1 and natural ventilation2 7,,ii7 administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules1 which may include acclimatizing employees1 rotating employees1 scheduling work earlier or later in the day1 using work-rest schedules1 reducing work intensity or speed1 changing required work clothing1 and using relief workers2 and 7,,iii7 personal protective equipment which may include water-cooled garments1 air-cooled garments1 reflective clothing1 and cooling vests4 7vi7 ,coordination of risk assessment efforts1 plan development1 and implementation of the plan with other employers who have employees who work at the covered workplace4 7vii7 ,compensating piece rate workers for required heat-related rest breaks4 7#b7 ,training and education 7,a7 ,employee ,training ,a covered employer shall provide annual training and education to covered employees who may be exposed to high heat levels1 which shall cover the following topics3 7i7 ,identified heat illness risk factors4 7ii7 ,personal factors that may increase susceptibility to heat-related illness4 7iii7 ,signs and symptoms of heat-related illness4 7iv7 ,different types of heat illness4 7v7 ,the importance of acclimatization and consumption of liquids4 7vi7 ,engineering control measures4 7vii7 ,administrative control measures4 7viii7 ,the importance of reporting heat-related symptoms being experienced by the employee or another employee4 7ix7 ,recordkeeping requirements and reporting procedures4 7x7 ,emergency response procedures4 7xi7 ,employee rights4 7,b7 ,supervisor ,training ,in addition to the training and education required in subparagraph 7,a71 training and education shall be provided annually to covered employees who are supervisors that shall cover the following topics3 7i7 ,the procedures a supervisor is required to follow under this ,act4 7ii7 ,how to recognize high-risk situations1 including how to monitor weather reports and weather advisories1 and not assigning an employee to situations that predictably compromise the safety of the employee4 7iii7 ,the procedures to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness1 including emergency response procedures4 7,c7 ,general training requirements ,the education and training provided under this paragraph to covered employees shall meet the following3 7i7 ,in the case of such an employee whose job circumstances have changed1 within a reasonable timeframe after such change of job circumstances1 education and training shall be provided that shall be-- 7,i7 in addition to the education and training provided under clause 7ii71 subparagraph 7,a71 and1 if applicable to such employee1 subparagraph 7,b72 and 7,,ii7 applicable to such change of job circumstances4 7ii7 ,applicable education and training shall be provided for each new covered employee prior to the employee's job assignment4 7iii7 ,the education and training shall provide such employees opportunities to ask questions1 give feedback1 and request additional instruction1 clarification1 or other follow-up4 7iv7 ,the education and training shall be provided in-person and by an individual with knowledge of heat illness prevention and of the plan of the employer under this section4 7v7 ,the education and training shall be appropriate in content and vocabulary to the language1 educational level1 and literacy of such covered employees4 7#c7 ,recordkeeping ,each covered employer shall-- 7,a7 maintain at all times-- 7i7 records related to each plan of the employer under paragraph 7#a71 including heat illness risk and hazard assessments1 and identification1 evaluation1 correction1 and training procedures2 7ii7 data on all heat-related illnesses and deaths2 and 7iii7 data on environmental and physiological measurements related to heat2 and 7,b7 make such records and data available1 upon request1 to covered employees and their representatives for examination and copying in accordance with section #aiaj4ajbj of title #bi1 ,code of ,federal ,regulations 7as such section is in effect on the date of enactment of this ,act74 7#d7 ,whistleblower protections 7,a7 ,policy ,each covered employer shall adopt a policy prohibiting any person 7including an agent of the employer7 from discriminating or retaliating against any employee for-- 7i7 exercising the rights of the employee under this ,act2 or 7ii7 reporting violations of the standard to any local1 ,state1 or ,federal government4 7,b7 ,prohibition ,no covered employer shall discriminate or retaliate against any employee for-- 7i7 reporting a heat-illness-related concern to1 or seeking assistance or intervention with respect to heat-related health symptoms from1 the employer1 local emergency services1 or a local1 ,state1 or ,federal government2 or 7ii7 exercising any other rights of the employee under this ,act4 7,c7 ,enforcement ,this paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b774