H.R. 4844

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4844 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4844

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

August 1, 2025

Ms. Dexter introduced the following bill; which was referred to the 
Committee on Education and Workforce

_______________________________________________________________________

A BILL

To establish an occupational safety and health standard to protect 
farmworkers from wildfire smoke and excessive heat, 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 and Excessive Heat 
Protection Act of 2025''.

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;
(5) wildfire smoke inhalation is harmful to human health, 
particularly for vulnerable populations, including outdoor 
workers;
(6) excessive heat poses a potentially deadly threat to 
those without protection from the heat, including outdoor 
workers; and
(7) more than 100 people died during the June 2021 heat 
wave in Oregon, including a farmworker.

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

(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) 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 injury, illness, or fatality (including 
heat stroke, heat exhaustion, heat syncope, heat cramps, or 
heat rashes).
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary 
of Labor.
(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 and 
excessive heat 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 determined by the Secretary 
to be dangerous to human health;
(B) ensure that the equipment provided under 
subparagraph (A) includes a N95 respirator or N100 
respirator 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 an extremely dangerous level, 
as determined by the Secretary;
(D) provide farmworkers with appropriate equipment 
to protect from excessive heat when the heat reaches a 
level determined by the Secretary to be dangerous to 
health;
(E) ensure that the equipment provided under 
subparagraph (D) includes water and cooling facilities 
to protect from excessive heat;
(F) require mandatory use of the equipment 
described in subparagraphs (D) and (E) when the 
excessive heat reaches an extremely dangerous level, as 
determined by the Secretary;
(G) provide, with protective equipment provided 
under any of subparagraphs (A) through (F)--
(i) 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 or the signs of heat 
illness, as applicable; and
(ii) an opportunity for the farmworkers to 
ask questions and receive responses regarding 
the training and education materials described 
in clause (i); and
(H) require that, once the air quality or heat 
level has reached a dangerous or extremely dangerous 
level, as determined by the Secretary under 
subparagraph (A), (C), (D), or (F), farmworkers be 
provided mandatory rest breaks--
(i) of at least 10 minutes every 2 hours; 
and
(ii) in shaded areas where the exposure to 
smoke is decreased or the temperature is 
decreased, as applicable.
(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 and 
excessive heat.
(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);
(B) provide no less protection than the most 
protective smoke or heat protection standard adopted by 
a State;
(C) detail the potential health impacts of 
breathing wildfire smoke without proper protection; and
(D) detail the potential health impacts of working 
in excessive heat 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.--
(A) In general.--The Secretary shall--
(i) provide technical assistance, upon the 
request of an agricultural operation employer, 
regarding how to meet the employer requirements 
of this section; and
(ii) develop sample training and education 
materials that may be used by agricultural 
operation employers to meet the requirements of 
subsection (b)(2)(G) (or any similar 
requirement of a standard promulgated under 
subsection (c)).
(B) Collaboration.--In developing training and 
education materials under subparagraph (A), the 
Secretary shall--
(i) work with community organizations for 
hard-to-reach farmworkers due to geographic 
isolation, language barriers, or literacy 
issues; and
(ii) seek input in the development of the 
training and education materials in alternative 
languages, including indigenous languages.
(3) Collaboration with community organizations.--The 
Secretary may, upon request, provide the training and 
educational materials developed under paragraph (2)(A) to 
relevant community and nonprofit organizations.
<all>