,,ii #aaith ,,congress #ast ,session ,s4 #bbih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af1 #bjbe,mr4 ,padilla 7for himself1 ,ms4 ,cortez ,masto1 ,mr4 ,markey1 ,ms4 ,alsobrooks1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,ms4 ,blunt ,rochester1 ,mr4 ,booker1 ,mr4 ,fetterman1 ,mr4 ,gallego1 ,mrs4 ,gillibrand1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,kelly1 ,mr4 ,lujn1 ,mr4 ,merkley1 ,mrs4 ,murray1 ,mr4 ,reed1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mr4 ,schiff1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 ,mr4 ,whitehouse1 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 direct the ,secretary of ,labor to promulgate an occupational safety and health standard to protect workers from heat-related injuries and illnesses4 #a4 ,short title ,this ,act may be cited as the ,asuncin ,valdivia ,heat ,illness1 ,injury1 and ,fatality ,prevention ,act of #bjbe4 #b4 ,employer duties ,each employer shall-- 7#a7 furnish employment and a place of employment free from conditions that may reasonably be anticipated to cause death or serious physical harm from heat stress2 and 7#b7 comply with standards1 regulations1 rules1 and orders promulgated under this ,act4 #c4 ,worker heat protection standards 7a7 ,design of standards 7#a7 ,in general ,the ,secretary shall promulgate a worker heat protection standard that1 in accordance with the best available evidence1 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 feasible4 7#b7 ,considerations 7,a7 ,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 #ah7;c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg7;c77 and that has been in effect for at least #a year is feasible4 7,b7 ,prioritizing worker protection ,in weighing any considerations during rulemaking1 the ,secretary shall place preeminent value on assuring employees a safe and healthful working environment4 7,c7 ,available expertise ,if the ,secretary adopts any finding or recommendation by the ,institute1 the ,american ,conference of ,governmental ,industrial ,hygienists1 or the ,national ,academies of ,sciences1 ,engineering1 and ,medicine relevant to heat stress in a rulemaking pursuant to this ,act1 such finding or recommendation shall be considered the best available evidence4 7,d7 ,employer categories ,the ,secretary may1 in any rulemaking analysis or design of standards1 cluster relevant employers in any categories such as standard industry or occupational classifications or any common or related features of heat sources1 conditions of employment1 employer practices1 employee characteristics1 or nature of place of employment that1 in the ,secretary's reasonable determination1 are useful for designing an effective and practicable program of standards1 regulations1 and enforcement that maximizes the health and safety of employees4 7#c7 ,protective programs 7,a7 ,in general ,in addition to measures specified by this ,act1 the ,secretary may develop a worker heat protection standard with such additional requirements that1 in the ,secretary's reasonable judgment1 are necessary or appropriate to achieve the purposes of this ,act4 ,such measures may include the following3 7i7 ,engineering controls ,requirements to eliminate hazardous levels of heat stress through engineering controls1 such as isolation or shielding of employees from sources of heat1 exhaust ventilation1 insulation of hot surfaces1 or climate-control technologies1 as well as technology-based standards that encourage the development of such controls4 7ii7 ,administrative controls ,requirements to limit exposure to hazardous levels of heat stress by adjustment of work procedures1 work schedules1 or other work practices4 7iii7 ,personal protective equipment ,requirements to provide1 at the employer's expense1 personal protective equipment such as water-cooled garments1 air-cooled garments1 heat-reflective clothing1 and cooling vests4 7iv7 ,health-related protocols ,requirements to conduct medical symptom monitoring1 emergency response protocols1 medical removal protection1 or training of employees and supervisors in recognition of symptoms of heat-related illness and appropriate responses4 7v7 ,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 ,act1 including-- 7,i7 training of employees in signs and symptoms of heat-related illness1 emergency response procedures1 and their rights under this ,act2 and 7,,ii7 training of supervisors in monitoring heat conditions and environmental forecasts1 recognizing signs of heat-related illness1 and protocols for responding to likely heat-related illness4 7vi7 ,planning requirements ,requirements for a heat illness and injury prevention plan that-- 7,i7 is of sufficient quality to effectuate the purposes of this ,act and to effectuate the requirements of the standard that apply to the employer2 7,,ii7 is developed1 updated1 and implemented with the meaningful participation of the employer's employees and1 where applicable1 such employees' representatives1 for all aspects of the plan2 7,,iii7 is produced and maintained in writing and updated in light of changing conditions or practices2 and 7,,iv7 is made available1 upon request1 to any employee1 the employee's representative1 and the ,secretary4 7vii7 ,standard health and safety measures ,any measures described in section #f7;,b77#g7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;,b77#g774 7,b7 ,innovative solutions ,as the relevant scientific evidence develops1 technological solutions improve1 and environmental conditions or new work practices aggravate the risk of heat-related illness or injury1 the ,secretary may modify1 supplement1 or revise a worker heat protection standard by rule in order to improve such standard in light of such changes1 even if it departs from long-standing past practice1 provided that the resulting standard is consistent with this ,act4 7,c7 ,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-- 7i7 suitably cool potable water or appropriate hydration1 provided at employer expense2 7ii7 periodic paid rest breaks scheduled to reduce heat stress below hazardous levels2 7iii7 access to shade or suitable cool-down spaces2 7iv7 acclimatization policies2 and 7v7 such measures that are necessary or appropriate to ensure effective implementation of the requirements of this subparagraph4 7#d7 ,other specifications 7,a7 ,protection of pay ,the ,secretary shall require that1 for any required duration such as rest breaks1 medical removal protection1 and training1 an employee shall receive compensation at the regular rate at which such employee is employed4 7,b7 ,language access ,any required training1 poster1 label1 hazard alert1 or written plan shall be provided in ,english and a language understood by the employees1 if such is not ,english1 and prepared appropriately for the vocabulary1 educational level1 and literacy of the employees4 7,c7 ,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 ,act4 7#e7 ,maintaining protection ,no worker heat protection standard promulgated under this ,act may reduce the protection afforded employees by an existing worker heat protection standard4 7b7 ,initial standards ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate1 without regard to the requirements of chapters #e and #f of title #e1 ,united ,states ,code1 subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act71 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dca et seq471 an interim final rule establishing a worker heat protection standard and related recordkeeping and reporting requirements4 ,such rule shall take effect upon issuance 7except that it may include a reasonable delay in the effective date71 shall have the legal effect of an occupational safety and health standard as defined by section #c7h7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb7h771 and shall remain in effect until superseded by a final rule promulgated pursuant to this ,act4 7c7 ,rulemaking procedures ,for any rulemaking pursuant to this ,act after publication of the interim final rule in subsection 7b71 the following procedures shall apply3 7#a7 ,in general ,the ,secretary shall1 upon a showing by a petitioner pursuant to paragraph 7#b7 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 injury1 promulgate any worker heat protection standard in accordance with the policies set forth in this section and in accordance with section #eec of title #e1 ,united ,states ,code 7without regard to any reference in such section to sections #eef and #eeg of such title74 7#b7 ,petitions for rulemaking ,any person may petition the ,secretary to promulgate or modify a worker heat protection standard4 ,not later than #ah months after receipt of a petition1 the ,secretary shall either grant or deny the petition by publishing a written explanation of the reasons for the ,secretary's decision4 ,the ,secretary may not deny a petition solely on the basis of inadequate resources or insufficient time for review4 7#c7 ,timelines ,except as otherwise provided in subsection 7b71 the ,secretary shall observe the following schedule for rulemaking3 7,a7 ,proposed standards ,not later than one year after granting a petition for rulemaking under paragraph 7#b71 the ,secretary shall publish a proposed worker heat protection standard consistent with this section4 7,b7 ,final standards ,the ,secretary shall promulgate1 not later than one year after such publication1 such standards with such modifications as the ,secretary determines appropriate4 7,c7 ,effect ,standards or revisions thereof shall become effective upon promulgation1 except that the ,secretary may include a reasonable delay in the effective date4 7#d7 ,transparency in rulemaking ,for any rulemaking notice pursuant to this ,act1 the ,secretary shall place in the public record not later than the date of such rulemaking notice the following3 7,a7 ,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 publication1 all documents accompanying such drafts1 all written comments thereon by other agencies1 and all written responses to such written comments by the ,secretary4 7,b7 ,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 #f7;a77#c77;,b77i7 of ,executive ,order #abhff 7#eh ,fed4 ,reg4 #eagce2 relating to regulatory planning and review7 and the text published in the ,federal ,register1 excluding any non-substantive changes such as spelling or grammatical corrections or re-ordering of text that has no legal effect4 7,c7 ,a statement identifying any party or entity at whose request any such change was made4 7#e7 ,judicial review 7,a7 ,filing of petition ,a petition for review in accordance with section #gjb of title #e1 ,united ,states ,code1 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 ,columbia4 ,the filing of a petition for review shall not postpone the effectiveness of such rule or action4 7,b7 ,timely filing ,any petition for review under this paragraph shall be filed not later than sixty days after the date notice of such promulgation1 approval1 or action appears in the ,federal ,register4 7,c7 ,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 enforcement4 ,failure to promulgate any standard pursuant to the schedule established by this section shall be subject to review4 #d4 ,implementation and enforcement 7a7 ,in general ,except as otherwise provided by this section-- 7#a7 a worker heat protection standard shall have the same legal effect as an occupational safety and health standard as defined by section #c7h7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb7h772 and 7#b7 any rule1 regulation1 or order promulgated pursuant to this ,act shall have the same legal effect as a rule1 regulation1 or order promulgated pursuant to the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 7b7 ,enforcement 7#a7 ,statute of limitations for citation ,no citation for any violation of section #b or any standard1 rule1 regulation1 or order pursuant to this ,act may be issued under this section later than #d years after the occurrence of any violation4 7#b7 ,review ,the ,commission shall grant substantial deference to any reasonable interpretation by the ,secretary of this ,act or any standard1 regulation1 or order pursuant to this ,act4 7c7 ,recordkeeping and reporting 7#a7 ,in general ,with regard to recordkeeping and reporting1 the ,secretary and ,secretary of ,health and ,human ,services shall have the same authority to prescribe regulations related to this ,act as under section #h of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #feg74 7#b7 ,consolidating requirements ,the ,secretary may incorporate recordkeeping and reporting requirements under this section into existing recordkeeping and reporting requirements promulgated pursuant to section #h of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #feg71 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 ,act4 7d7 ,whistleblower protections 7#a7 ,complaint ,any employee who believes that such employee has been discharged or otherwise discriminated against by any person in violation of section #aa7;c77#a7 of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #ffj7;c77#a77 with regard to any matter under or related to this ,act may1 not later than #ahj days after such violation occurs1 file a complaint with the ,secretary following the procedures in paragraph 7#b7 of such section alleging such discrimination4 7#b7 ,action ,if the ,secretary fails to notify the complainant of the ,secretary's determination on the complaint within #ij days after such determination pursuant to section #aa7;c77#c7 of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #ffj7;c77#c77 or determines not to bring an action pursuant to paragraph 7#b7 of such section1 such employee may bring an action in any appropriate ,united ,states ,district ,court against such person for all appropriate relief in accordance with paragraph 7#b7 of such section as well as reasonable attorney's fees and costs4 #e4 ,general provisions 7a7 ,severability ,if any provision of this ,act is held invalid1 the remainder of this ,act shall not be affected thereby4 ,if the application of any provision of this ,act to any person or circumstance is held invalid1 the application of such provision to other persons or circumstances shall not be affected thereby4 7b7 ,authorization of appropriations ,there are authorized to be appropriated from sums not otherwise appropriated1 for each fiscal year1 such sums as may be necessary to carry out this ,act4 #f4 ,agenda for further review and action ,the ,secretary shall update the ,national ,agricultural ,workers ,survey with such questions that1 in the ,secretary's judgment1 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 ,act4 ,not later than one year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the ,secretary's implementation of this section4 #g4 ,definitions ,for purposes of this ,act3 7#a7 ,the term ,commission means the ,occupational ,safety and ,health ,review ,commission4 7#b7 ,the term employee has the meaning given such term in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 7#c7 ,the term employer has the meaning given such term in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 7#d7 ,the term heat stress means the load of heat that a person experiences due to-- 7,a7 sources of heat or heat retention 7including the combined contributions of metabolic heat1 environmental factors1 and clothing or personal protective equipment72 or 7,b7 the presence of heat in a work setting4 7#e7 ,the term heat-related illness means a material impairment of health that occurs due to heat stress4 7#f7 ,the term heat-related injury means an injury caused by exposure to heat or sources of heat or occurring as a result of heat stress4 7#g7 ,the term ,institute means the ,national ,institute for ,occupational ,safety and ,health4 7#h7 ,the term ,secretary means the ,secretary of ,labor4 7#i7 ,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 practices1 means1 methods1 operations1 or processes reasonably necessary or appropriate to provide employment and places of employment that are safe or healthful4