[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1815 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1815

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2019

Mr. Merkley (for himself and Mr. Wyden) 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 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 Protection Act of 
2019''.

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

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

    (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) 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.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (4) Uniform air quality index.--The term ``uniform air 
        quality index'' means the PM-2.5 category of the uniform air 
        quality index for the air quality monitoring system required 
        under section 319(a) of the Clean Air Act (42 U.S.C. 7619(a)).
    (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 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 of 151 or greater, as 
                determined by the uniform air quality index;
                    (B) ensure that the equipment provided under 
                subparagraph (A) includes an N95 mask or N100 mask 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 a level of 201 or greater, as 
                determined by the uniform air quality index; and
                    (D) provide, with the equipment described in 
                subparagraphs (A) and (B), 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.
            (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.
            (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); and
                    (B) detail the potential health impacts of 
                breathing wildfire smoke 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.--The Secretary shall--
                    (A) provide technical assistance, upon the request 
                of an agricultural operation employer, regarding how to 
                meet the employer requirements of this section; and
                    (B) develop sample training and education materials 
                that may be used by agricultural operation employers to 
                meet the requirements of subsection (b)(2)(D) (or any 
                similar requirement of a standard promulgated under 
                subsection (c)).
            (3) Collaboration with community organizations.--The 
        Secretary may, upon request, provide the training and 
        educational materials developed under paragraph (2)(B) to 
        relevant community and nonprofit organizations.
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