Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2020
This bill requires the Department of Labor to promulgate an occupational safety or health standard on prevention of exposure to excessive heat. 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 injury, illness, or fatality.
In addition, the bill establishes requirements concerning (1) training and education to prevent and respond to heat illness, and (2) whistle-blower protections.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4781 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4781
To direct the Occupational Safety and Health Administration to issue an
occupational safety and health standard to protect workers from heat-
related injuries and illnesses.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2020
Mr. Schumer (for Ms. Harris (for herself, Mr. Brown, Ms. Baldwin, Ms.
Warren, and Mr. Merkley)) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, 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 illnesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Asuncion Valdivia
Heat Illness and Fatality Prevention Act of 2020''.
(b) Findings.--Congress finds the following:
(1) Excessive heat exposure poses a direct threat to
workers and the economy. Climate change increases this danger,
as 19 of the 20 hottest years on record have occurred since
2001. Rising temperatures are projected to cause an increase in
heat-related workplace injuries and illnesses, a dramatic loss
in labor capacity, and decreased productivity.
(2) On average, 3 times as many people die from extreme
heat in the United States each year than from hurricanes,
floods, and tornadoes combined.
(3) Heat-related illnesses can arise when high temperatures
rise above the body's capacity to dispel heat. Impacts range
from comparatively minor problems such as heat cramps to severe
afflictions such as organ damage, heat exhaustion, stroke, and
death.
(4) Heat stress and COVID-19 are a combined threat to
workers. Respiratory infections, such as COVID-19, and
protective equipment, like essential face masks, can increase
susceptibility to heat exhaustion and heat stroke. Many of the
symptoms of COVID-19 and heat stress may combine to cause acute
illness that is especially deadly.
(5) Jobs at highest risk of heat stress illness and death
are disproportionately held by Black and Brown workers, a
disparity that reflects the racial injustice inherent in our
economic system.
(6) Farmworkers and construction workers suffer the highest
incidence of heat illness, but all outdoor and indoor workers
employed in excessively hot and humid environments are at
significant risk of material impairment of health or functional
capacity.
(7) Asuncion Valdivia was a California farmworker who died
of heat stroke in 2004 after picking grapes for 10 straight
hours in 105 degree temperatures. Instead of calling an
ambulance, his employer told his son to drive Mr. Valdivia
home. On his way home, he started foaming at the mouth and
died.
(8) People working in excessive heat suffer diminished
mental acuity and physical ability, which increases the risk of
accidents. Heat-related injuries and illnesses increase
workers' compensation costs and medical expenses.
(9) The costs of lower labor productivity under rising
temperatures is estimated to reach up to $160,000,000,000 in
lost wages per year in the United States by 2090 according to
the 2018 National Climate Assessment. The drop in productivity
decreases income for employers and workers. Global gross
domestic product losses from heat are projected to be greater
than 20 percent by the end of this century.
(10) Every year, thousands of workers become sick and some
die from exposure to heat. Between 1992 and 2017, 815 United
States workers died from heat and almost 70,000 were seriously
injured. These numbers are generally understood to be gross
undercounts because many heat-related illnesses and deaths are
blamed on natural causes.
(11) Workers have a legal right to a safe workplace. The
vast majority of heat-related workplace deaths and illnesses
can be prevented by access to water, rest, and shade. Many
employers don't provide these simple measures for workers
according to the Occupational Safety and Health Administration.
(12) Employers often retaliate against employees if they
report or seek assistance due to problems with heat. Many
employees are therefore afraid to report problems and face
increased risk of heat-related illnesses or death.
(13) In the absence of a Federal standard, multiple
branches of the United States Armed Forces--including the Army,
Navy, Marine Corps, and Air Force--have issued heat prevention
guidelines, and several States--California, Washington, and
Minnesota--have issued heat prevention standards. The National
Institute for Occupational Safety and Health (NIOSH) issued
criteria for such a standard in 1972, updating it in 1986 and
2016.
(14) Congress created the Occupational Safety and Health
Administration to ensure safe and healthful working conditions
by setting and enforcing standards pursuant to section 6 of the
Occupational Safety and Health Act of 1970. Employees are
exposed to grave danger from exposure to excessive heat. The
Occupational Safety and Health Administration must develop a
standard to protect workers from the significant risks of heat-
related illness and death.
SEC. 2. OSHA SAFETY STANDARD FOR EXPOSURE TO HEAT AND HOT ENVIRONMENTS.
(a) Proposed Standard.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall, pursuant to
section 6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)), promulgate a proposed standard on prevention of
occupational exposure to excessive heat.
(b) Final Standard.--Not later than 42 months after the date of
enactment of this Act, the Secretary shall promulgate a final standard
on prevention of occupational exposure to excessive heat that shall--
(1) 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 18 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 667) and, at a
minimum, include the requirements described in section 4; and
(2) be effective and enforceable in the same manner and to
the same extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(c) Interim Final Standard.--
(1) In general.--If the proposed standard described in
subsection (a) is not promulgated not later than 2 years after
the date of enactment of this Act, the Secretary of Labor shall
promulgate an interim final standard on prevention of
occupational exposure to excessive heat not later than 2 years
and 60 days after such date of enactment--
(A) 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 illnesses; and
(B) that shall, at a minimum--
(i) 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 18 of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 667);
(ii) establish requirements with respect to
exposure limits that trigger action to protect
covered employees from heat-related illness,
hydration, scheduled and paid rest breaks in
shaded or climate-controlled spaces, an
acclimatization plan, exposure monitoring, and
other measures to prevent exposure to heat
above safe limits, employee and supervisor
training, hazard notification, an emergency
medical response plan, heat-related
surveillance, recordkeeping, and procedures for
compensating piece rate workers for required
heat-related rest breaks;
(iii) take into consideration the NIOSH
Criteria for a Recommended Standard:
Occupational Exposure to Heat and Hot
Environments published by the National
Institute for Occupational Safety and Health in
2016; and
(iv) include a requirement to protect
employees from discrimination or retaliation
for exercising the rights of the employees
under the interim final standard.
(2) Applicability of other statutory requirements.--The
following shall not apply to the promulgation of the interim
final standard under this subsection:
(A) The requirements applicable to occupational
safety and health standards under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(B) The requirements of section 553(c) of chapter 5
and chapter 6 of title 5, United States Code.
(C) The requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Effective date of interim standard.--The interim final
standard shall--
(A) take effect on a date that is not later than 30
days after the promulgation of such standard, 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 date;
(B) be enforced in the same manner and to the same
extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)); and
(C) be in effect until the final standard described
in subsection (b) becomes effective and enforceable.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered employee.--The term ``covered employee''
includes an individual employed by a covered employer.
(2) Covered employer.--The term ``covered employer''--
(A) means an employer that employs an individual to
work at a covered workplace; and
(B) includes a contractor, subcontractor, a
temporary service firm, or an employee leasing entity.
(3) Covered workplace.--The term ``covered workplace''
includes a workplace with occupational exposure to excessive
heat.
(4) Employer.--The term ``employer'' has the meaning given
the term in section 3 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 652).
(5) 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 injury, illness, or fatality (including
heat stroke, heat exhaustion, heat syncope, heat cramps, or
heat rashes).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 4. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL
EXPOSURE TO EXCESSIVE HEAT.
(a) In General.--The final standard promulgated under section 2(b)
shall, at a minimum--
(1) take into consideration the NIOSH Criteria for a
Recommended Standard: Occupational Exposure to Heat and Hot
Environments published by the National Institute for
Occupational Safety and Health in 2016;
(2) establish requirements with respect to exposure limits
that trigger action to protect covered employees from heat-
related illness, hydration, scheduled and paid rest breaks in
shaded or climate-controlled spaces, an acclimatization plan,
exposure monitoring, and other measures to prevent exposure to
heat above safe limits, employee and supervisor training,
hazard notification, medical monitoring, an emergency medical
response plan, heat-related surveillance recordkeeping,
procedures for compensating piece rate workers for required
heat-related rest breaks, and a heat prevention plan; and
(3) include the requirements described in subsection (b)
with respect to covered employers.
(b) Requirements.--The final standard promulgated under section
2(b) shall, with respect to covered employers, include the following:
(1) Heat illness prevention plans.--
(A) In general.--A covered employer shall develop,
implement, and maintain an effective, written excessive
heat illness prevention plan for covered employees,
which shall--
(i) be developed and implemented with the
meaningful participation of covered employees
and, where applicable, employee representatives
and collective bargaining representatives, for
all aspects of the plan;
(ii) be tailored and specific to hazards in
the covered workplace;
(iii) be in writing, in English and in the
language understood by a majority of the
employees, if such language is not English; and
(iv) be made available, upon request, to
such employees, the employee representatives
for such employees, and the Secretary.
(B) Plan content.--Each plan required under
subparagraph (A) shall include procedures and methods
for the following:
(i) Initial and regular monitoring of
employee exposure to determine whether
employees are exposed to excessive heat.
(ii) Provision of water, paid rest breaks,
and access to shade or cool-down areas.
(iii) Emergency response.
(iv) Acclimatization.
(v) Hazard prevention, including
engineering controls, administrative controls,
or personal protective equipment to correct, in
a timely manner, applying industrial hygiene
principles of the hierarchy of controls,
including, as appropriate--
(I) engineering controls that may
include isolation of hot processes,
isolation of employees from sources of
heat, local exhaust ventilation,
shielding from a radiant heat source,
and insulation of hot surfaces, the
provision of air conditioning, cooling
fans, cooling mist fans, evaporative
coolers, and natural ventilation;
(II) administrative controls that
limit exposure to a hazard by
adjustment of work procedures or work
schedules, which may include
acclimatizing employees, rotating
employees, scheduling work earlier or
later in the day, using work-rest
schedules, reducing work intensity or
speed, changing required work clothing,
and using relief workers; and
(III) personal protective equipment
which may include water-cooled
garments, air-cooled garments,
reflective clothing, and cooling vests.
(vi) Coordination of risk assessment
efforts, plan development, and implementation
of the plan with other employers who have
employees who work at the covered workplace.
(vii) Compensating piece rate workers for
required heat-related rest breaks.
(2) Training and education.--
(A) Employee training.--A covered employer shall
provide annual training and education to covered
employees who may be exposed to high heat levels, which
shall cover the following topics:
(i) Identified heat illness risk factors.
(ii) Personal factors that may increase
susceptibility to heat-related illness.
(iii) Signs and symptoms of heat-related
illness.
(iv) Different types of heat illness.
(v) The importance of acclimatization and
consumption of liquids.
(vi) Engineering control measures.
(vii) Administrative control measures.
(viii) The importance of reporting heat-
related symptoms being experienced by the
employee or another employee.
(ix) Recordkeeping requirements and
reporting procedures.
(x) Emergency response procedures.
(xi) Employee rights.
(B) Supervisor training.--In addition to the
training and education required in subparagraph (A),
training and education shall be provided annually to
covered employees who are supervisors that shall cover
the following topics:
(i) The procedures a supervisor is required
to follow under this Act.
(ii) How to recognize high-risk situations,
including how to monitor weather reports and
weather advisories, and not assigning an
employee to situations that predictably
compromise the safety of the employee.
(iii) The procedures to follow when an
employee exhibits signs or reports symptoms
consistent with possible heat illness,
including emergency response procedures.
(C) General training requirements.--The education
and training provided under this paragraph to covered
employees shall meet the following:
(i) In the case of such an employee whose
job circumstances have changed, within a
reasonable timeframe after such change of job
circumstances, education and training shall be
provided that shall be--
(I) in addition to the education
and training provided under clause
(ii), subparagraph (A), and, if
applicable to such employee,
subparagraph (B); and
(II) applicable to such change of
job circumstances.
(ii) Applicable education and training
shall be provided for each new covered employee
prior to the employee's job assignment.
(iii) The education and training shall
provide such employees opportunities to ask
questions, give feedback, and request
additional instruction, clarification, or other
follow-up.
(iv) 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 section.
(v) The education and training shall be
appropriate in content and vocabulary to the
language, educational level, and literacy of
such covered employees.
(3) Recordkeeping.--Each covered employer shall--
(A) maintain at all times--
(i) records related to each plan of the
employer under paragraph (1), including heat
illness risk and hazard assessments, and
identification, evaluation, correction, and
training procedures;
(ii) data on all heat-related illnesses and
deaths; and
(iii) data on environmental and
physiological measurements related to heat; and
(B) make such records and data available, upon
request, to covered employees and their representatives
for examination and copying in accordance with section
1910.1020 of title 29, Code of Federal Regulations (as
such section is in effect on the date of enactment of
this Act).
(4) Whistleblower protections.--
(A) Policy.--Each covered employer shall adopt a
policy prohibiting any person (including an agent of
the employer) from discriminating or retaliating
against any employee for--
(i) exercising the rights of the employee
under this Act; or
(ii) reporting violations of the standard
to any local, State, or Federal government.
(B) Prohibition.--No covered employer shall
discriminate or retaliate against any employee for--
(i) reporting a heat-illness-related
concern to, or seeking assistance or
intervention with respect to heat-related
health symptoms from, the employer, local
emergency services, or a local, State, or
Federal government; or
(ii) exercising any other rights of the
employee under this Act.
(C) Enforcement.--This paragraph shall be enforced
in the same manner and to the same extent as any
standard promulgated under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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