[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2751 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2751
To establish an occupational safety and health standard to protect
farmworkers from wildfire smoke and excessive heat, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2021
Mr. Merkley 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 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 2021''.
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; and
(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)(B) to
relevant community and nonprofit organizations.
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