[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2501 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2501

 To direct the Secretary of Labor to promulgate an occupational safety 
 and health standard to protect workers from heat-related injuries and 
                               illnesses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2023

Mr. Brown (for himself, Mr. Padilla, Ms. Cortez Masto, Mr. Sanders, Mr. 
 Blumenthal, Mr. Booker, Mrs. Feinstein, Mrs. Gillibrand, Ms. Hirono, 
  Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Merkley, Mrs. Murray, Mr. 
Reed, Mr. Schatz, Mr. Van Hollen, Ms. Warren, 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 direct the Secretary of Labor to promulgate an occupational safety 
 and health standard to protect workers from heat-related injuries and 
                               illnesses.

    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 ``Asuncion Valdivia Heat Illness, 
Injury, and Fatality Prevention Act of 2023''.

SEC. 2. EMPLOYER DUTIES.

    Each employer shall--
            (1) furnish employment and a place of employment free from 
        conditions that may reasonably be anticipated to cause death or 
        serious physical harm from heat stress; and
            (2) comply with standards, regulations, rules, and orders 
        promulgated under this Act.

SEC. 3. WORKER HEAT PROTECTION STANDARDS.

    (a) Design of Standards.--
            (1) In general.--The Secretary shall promulgate a worker 
        heat protection standard that, in accordance with the best 
        available evidence, 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 feasible.
            (2) Considerations.--
                    (A) 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 18(c) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                667(c)) and that has been in effect for at least 1 year 
                is feasible.
                    (B) Prioritizing worker protection.--In weighing 
                any considerations during rulemaking, the Secretary 
                shall place preeminent value on assuring employees a 
                safe and healthful working environment.
                    (C) Available expertise.--If the Secretary adopts 
                any finding or recommendation by the Institute, the 
                American Conference of Governmental Industrial 
                Hygienists, or the National Academies of Sciences, 
                Engineering, and Medicine relevant to heat stress in a 
                rulemaking pursuant to this Act, such finding or 
                recommendation shall be considered the best available 
                evidence.
                    (D) Employer categories.--The Secretary may, in any 
                rulemaking analysis or design of standards, cluster 
                relevant employers in any categories such as standard 
                industry or occupational classifications or any common 
                or related features of heat sources, conditions of 
                employment, employer practices, employee 
                characteristics, or nature of place of employment that, 
                in the Secretary's reasonable determination, are useful 
                for designing an effective and practicable program of 
                standards, regulations, and enforcement that maximizes 
                the health and safety of employees.
            (3) Protective programs.--
                    (A) In general.--In addition to measures specified 
                by this Act, the Secretary may develop a worker heat 
                protection standard with such additional requirements 
                that, in the Secretary's reasonable judgment, are 
                necessary or appropriate to achieve the purposes of 
                this Act. Such measures may include the following:
                            (i) Engineering controls.--Requirements to 
                        eliminate hazardous levels of heat stress 
                        through engineering controls, such as isolation 
                        or shielding of employees from sources of heat, 
                        exhaust ventilation, insulation of hot 
                        surfaces, or climate-control technologies, as 
                        well as technology-based standards that 
                        encourage the development of such controls.
                            (ii) Administrative controls.--Requirements 
                        to limit exposure to hazardous levels of heat 
                        stress by adjustment of work procedures, work 
                        schedules, or other work practices.
                            (iii) Personal protective equipment.--
                        Requirements to provide, at the employer's 
                        expense, personal protective equipment such as 
                        water-cooled garments, air-cooled garments, 
                        heat-reflective clothing, and cooling vests.
                            (iv) Health-related protocols.--
                        Requirements to conduct medical symptom 
                        monitoring, emergency response protocols, 
                        medical removal protection, or training of 
                        employees and supervisors in recognition of 
                        symptoms of heat-related illness and 
                        appropriate responses.
                            (v) 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 Act, 
                        including--
                                    (I) training of employees in signs 
                                and symptoms of heat-related illness, 
                                emergency response procedures, and 
                                their rights under this Act; and
                                    (II) training of supervisors in 
                                monitoring heat conditions and 
                                environmental forecasts, recognizing 
                                signs of heat-related illness, and 
                                protocols for responding to likely 
                                heat-related illness.
                            (vi) Planning requirements.--Requirements 
                        for a heat illness and injury prevention plan 
                        that--
                                    (I) is of sufficient quality to 
                                effectuate the purposes of this Act and 
                                to effectuate the requirements of the 
                                standard that apply to the employer;
                                    (II) is developed, updated, and 
                                implemented with the meaningful 
                                participation of the employer's 
                                employees and, where applicable, such 
                                employees' representatives, for all 
                                aspects of the plan;
                                    (III) is produced and maintained in 
                                writing and updated in light of 
                                changing conditions or practices; and
                                    (IV) is made available, upon 
                                request, to any employee, the 
                                employee's representative, and the 
                                Secretary.
                            (vii) Standard health and safety 
                        measures.--Any measures described in section 
                        6(B)(7) of the Occupational Safety and Health 
                        Act of 1970 (29 U.S.C. 655(B)(7)).
                    (B) Innovative solutions.--As the relevant 
                scientific evidence develops, technological solutions 
                improve, and environmental conditions or new work 
                practices aggravate the risk of heat-related illness or 
                injury, the Secretary may modify, supplement, or revise 
                a worker heat protection standard by rule in order to 
                improve such standard in light of such changes, even if 
                it departs from long-standing past practice, provided 
                that the resulting standard is consistent with this 
                Act.
                    (C) 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--
                            (i) suitably cool potable water or 
                        appropriate hydration, provided at employer 
                        expense;
                            (ii) periodic paid rest breaks scheduled to 
                        reduce heat stress below hazardous levels;
                            (iii) access to shade or suitable cool-down 
                        spaces;
                            (iv) acclimatization policies; and
                            (v) such measures that are necessary or 
                        appropriate to ensure effective implementation 
                        of the requirements of this subparagraph.
            (4) Other specifications.--
                    (A) Protection of pay.--The Secretary shall require 
                that, for any required duration such as rest breaks, 
                medical removal protection, and training, an employee 
                shall receive compensation at the regular rate at which 
                such employee is employed.
                    (B) Language access.--Any required training, 
                poster, label, hazard alert, or written plan shall be 
                provided in English and a language understood by the 
                employees, if such is not English, and prepared 
                appropriately for the vocabulary, educational level, 
                and literacy of the employees.
                    (C) 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 Act.
            (5) Maintaining protection.--No worker heat protection 
        standard promulgated under this Act may reduce the protection 
        afforded employees by an existing worker heat protection 
        standard.
    (b) Initial Standards.--Not later than the date that is 1 year 
after the date of enactment of this Act, the Secretary shall 
promulgate, without regard to the requirements of chapters 5 and 6 of 
title 5, United States Code, subchapter I of chapter 35 of title 44, 
United States Code (commonly known as the ``Paperwork Reduction Act''), 
or the National Environmental Policy Act of 1969 (42 U.S.C. 431 et 
seq.), an interim final rule establishing a worker heat protection 
standard and related recordkeeping and reporting requirements. Such 
rule shall take effect upon issuance (except that it may include a 
reasonable delay in the effective date), shall have the legal effect of 
an occupational safety and health standard as defined by section 3(8) 
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(8)), 
and shall remain in effect until superseded by a final rule promulgated 
pursuant to this Act.
    (c) Rulemaking Procedures.--For any rulemaking pursuant to this Act 
after publication of the interim final rule in subsection (b), the 
following procedures shall apply:
            (1) In general.--The Secretary shall, upon a showing by a 
        petitioner pursuant to paragraph (2) 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 injury, promulgate any worker 
        heat protection standard in accordance with the policies set 
        forth in this section and in accordance with section 553 of 
        title 5, United States Code (without regard to any reference in 
        such section to sections 556 and 557 of such title).
            (2) Petitions for rulemaking.--Any person may petition the 
        Secretary to promulgate or modify a worker heat protection 
        standard. Within 18 months after receipt of a petition, the 
        Secretary shall either grant or deny the petition by publishing 
        a written explanation of the reasons for the Secretary's 
        decision. The Secretary may not deny a petition solely on the 
        basis of inadequate resources or insufficient time for review.
            (3) Timelines.--Except as otherwise provided in subsection 
        (b), the Secretary shall observe the following schedule for 
        rulemaking:
                    (A) Proposed standards.--Within one year after 
                granting a petition for rulemaking under paragraph (2), 
                the Secretary shall publish a proposed worker heat 
                protection standard consistent with this section.
                    (B) Final standards.--The Secretary shall 
                promulgate, within one year after such publication, 
                such standards with such modifications as the Secretary 
                deems appropriate.
                    (C) Effect.--Standards or revisions thereof shall 
                become effective upon promulgation, except that the 
                Secretary may include a reasonable delay in the 
                effective date.
            (4) Transparency in rulemaking.--For any rulemaking notice 
        pursuant to this Act, the Secretary shall place in the public 
        record not later than the date of such rulemaking notice the 
        following:
                    (A) 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 publication, all documents 
                accompanying such drafts, all written comments thereon 
                by other agencies, and all written responses to such 
                written comments by the Secretary.
                    (B) 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 6(a)(3)(B)(i) of Executive Order 12,866 
                and the text published in the Federal Register, 
                excluding any non-substantive changes such as spelling 
                or grammatical corrections or re-ordering of text that 
                has no legal effect.
                    (C) A statement identifying any party or entity at 
                whose request any such change was made.
            (5) Judicial review.--
                    (A) Filing of petition.--A petition for review in 
                accordance with section 702 of title 5, United States 
                Code, 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 
                Columbia. The filing of a petition for review shall not 
                postpone the effectiveness of such rule or action.
                    (B) Timely filing.--Any petition for review under 
                this paragraph shall be filed within sixty days from 
                the date notice of such promulgation, approval, or 
                action appears in the Federal Register.
                    (C) 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 
                enforcement. Failure to promulgate any standard 
                pursuant to the schedule established by this section 
                shall be subject to review.

SEC. 4. IMPLEMENTATION AND ENFORCEMENT.

    (a) In General.--Except as otherwise provided by this section--
            (1) a worker heat protection standard shall have the same 
        legal effect as an occupational safety and health standard as 
        defined by section 3(8) of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 652(8)); and
            (2) any rule, regulation, or order promulgated pursuant to 
        this Act shall have the same legal effect as a rule, 
        regulation, or order promulgated pursuant to the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
    (b) Enforcement.--
            (1) Statute of limitations for citation.--No citation for 
        any violation of section 2 or any standard, rule, regulation, 
        or order pursuant to this Act may be issued under this section 
        after the expiration of four years following the occurrence of 
        any violation.
            (2) Review.--The Commission shall grant substantial 
        deference to any reasonable interpretation by the Secretary of 
        this Act or any standard, regulation, or order pursuant to this 
        Act.
    (c) Recordkeeping and Reporting.--
            (1) In general.--With regard to recordkeeping and 
        reporting, the Secretary and Secretary of Health and Human 
        Services shall have the same authority to prescribe regulations 
        related to this Act as under section 8 of the Occupational 
        Safety and Health Act (29 U.S.C. 657).
            (2) Consolidating requirements.--The Secretary may 
        incorporate recordkeeping and reporting requirements under this 
        section into existing recordkeeping and reporting requirements 
        promulgated pursuant to section 8 of the Occupational Safety 
        and Health Act (29 U.S.C. 657), 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 Act.
    (d) Whistleblower Protections.--
            (1) Complaint.--Any employee who believes that such 
        employee has been discharged or otherwise discriminated against 
        by any person in violation of section 11(c)(1) of the 
        Occupational Safety and Health Act (29 U.S.C. 660(c)(1)) with 
        regard to any matter under or related to this Act may, within 
        180 days after such violation occurs, file a complaint with the 
        Secretary following the procedures in paragraph (2) of such 
        section alleging such discrimination.
            (2) Action.--If the Secretary fails to notify the 
        complainant of the Secretary's determination on the complaint 
        within 90 days pursuant to section 11(c)(3) of the Occupational 
        Safety and Health Act (29 U.S.C. 660(c)(3)) or determines not 
        to bring an action pursuant to paragraph (2) of such section, 
        such employee may bring an action in any appropriate United 
        States district court against such person for all appropriate 
        relief in accordance with paragraph (2) of such section as well 
        as reasonable attorney's fees and costs.

SEC. 5. GENERAL PROVISIONS.

    (a) Severability.--If any provision of this Act is held invalid, 
the remainder of this Act shall not be affected thereby. If the 
application of any provision of this Act to any person or circumstance 
is held invalid, the application of such provision to other persons or 
circumstances shall not be affected thereby.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated from sums not otherwise appropriated, for each fiscal 
year, such sums as may be necessary to carry out this Act.

SEC. 6. AGENDA FOR FURTHER REVIEW AND ACTION.

    The Secretary shall update the National Agricultural Workers Survey 
with such questions that, in the Secretary's judgment, 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 Act. Within one year of the date of enactment of this Act, the 
Secretary shall submit to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report on the Secretary's 
implementation of this section.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Occupational Safety 
        and Health Review Commission.
            (2) The term ``employee'' has the same meaning as in 
        section 3(6) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 652(6)).
            (3) The term ``employer'' has the same meaning as in 
        section 3(5) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 652(5)).
            (4) The term ``heat stress'' means the load of heat that a 
        person experiences due to--
                    (A) sources of heat or heat retention (including 
                the combined contributions of metabolic heat, 
                environmental factors, and clothing or personal 
                protective equipment); or
                    (B) the presence of heat in a work setting.
            (5) The term ``heat-related illness'' means a material 
        impairment of health that occurs due to heat stress.
            (6) The term ``heat-related injury'' means an injury caused 
        by exposure to heat or sources of heat or occurring as a result 
        of heat stress.
            (7) The term ``Institute'' means the National Institute for 
        Occupational Safety and Health.
            (8) The term ``Secretary'' means the Secretary of Labor.
            (9) 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 practices, 
        means, methods, operations, or processes reasonably necessary 
        or appropriate to provide employment and places of employment 
        that are safe or healthful.
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