No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2501 Introduced in Senate (IS)]
<DOC>
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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