,,ii #aaith ,,congress #ast ,session ,s4 #bega ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjbe,mr4 ,merkley 7for himself and ,mr4 ,welch7 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 smoke and excessive heat1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,farmworker ,smoke and ,excessive ,heat ,protection ,act of #bjbe4 #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 7#e7 wildfire smoke inhalation is harmful to human health1 particularly for vulnerable populations1 including outdoor workers2 7#f7 excessive heat poses a potentially deadly threat to those without protection from the heat1 including outdoor workers2 and 7#g7 more than #ajj people died during the ,june #bjba heat wave in ,oregon1 including a farmworker4 #c4 ,occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat 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 ,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 injury1 illness1 or fatality 7including heat stroke1 heat exhaustion1 heat syncope1 heat cramps1 or heat rashes74 7#c7 ,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#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 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 and excessive heat 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 determined by the ,secretary to be dangerous to human health2 7,b7 ensure that the equipment provided under subparagraph 7,a7 includes a ,n#ie respirator or ,n#ajj respirator 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 an extremely dangerous level1 as determined by the ,secretary2 7,d7 provide farmworkers with appropriate equipment to protect from excessive heat when the heat reaches a level determined by the ,secretary to be dangerous to health2 7,e7 ensure that the equipment provided under subparagraph 7,d7 includes water and cooling facilities to protect from excessive heat2 7,f7 require mandatory use of the equipment described in subparagraphs 7,d7 and 7,e7 when the excessive heat reaches an extremely dangerous level1 as determined by the ,secretary2 7,g7 provide1 with protective equipment provided under any of subparagraphs 7,a7 through 7,f7-- 7i7 training and education materials to farmworkers1 in a language understood by the farmworkers1 regarding-- 7,i7 how to properly use the protective equipment2 7,,ii7 how long and under what conditions the protective equipment is effective2 and 7,,iii7 the potential health impacts of breathing wildfire smoke without proper protection or the signs of heat illness1 as applicable2 and 7ii7 an opportunity for the farmworkers to ask questions and receive responses regarding the training and education materials described in clause 7i72 and 7,h7 require that1 once the air quality or heat level has reached a dangerous or extremely dangerous level1 as determined by the ,secretary under subparagraph 7,a71 7,c71 7,d71 or 7,f71 farmworkers be provided mandatory rest breaks-- 7i7 of at least #aj minutes every #b hours2 and 7ii7 in shaded areas where the exposure to smoke is decreased or the temperature is decreased1 as applicable4 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 smoke and excessive heat4 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 7,b7 provide no less protection than the most protective smoke or heat protection standard adopted by a ,state2 7,c7 detail the potential health impacts of breathing wildfire smoke without proper protection2 and 7,d7 detail the potential health impacts of working in excessive heat 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 7,a7 ,in general ,the ,secretary shall-- 7i7 provide technical assistance1 upon the request of an agricultural operation employer1 regarding how to meet the employer requirements of this section2 and 7ii7 develop sample training and education materials that may be used by agricultural operation employers to meet the requirements of subsection 7b77#b77;,g7 7or any similar requirement of a standard promulgated under subsection 7c774 7,b7 ,collaboration ,in developing training and education materials under subparagraph 7,a71 the ,secretary shall-- 7i7 work with community organizations for hard-to-reach farmworkers due to geographic isolation1 language barriers1 or literacy issues2 and 7ii7 seek input in the development of the training and education materials in alternative languages1 including indigenous languages4 7#c7 ,collaboration with community organizations ,the ,secretary may1 upon request1 provide the training and educational materials developed under paragraph 7#b77;,a7 to relevant community and nonprofit organizations4