“To establish an occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat, and for other purposes.”
No CRS summary available for this bill.
This section sets forth congressional findings that, as of enactment, (1) the wildfire season has increased by over two months since the 1970s with wildfires becoming more prevalent due to prolonged droughts and extreme temperatures; (2) average annual temperatures in the western United States have increased by 1.9 degrees Fahrenheit since 1970; (3) wildfire smoke contains toxic chemicals and particulates that create hazardous air quality, persist for extended periods, and travel hundreds of miles; (4) wildfire smoke inhalation and excessive heat harm human health, particularly for vulnerable populations including outdoor workers; and (5) more than 100 people died during the June 2021 heat wave in Oregon, including a farmworker.
This section defines terms including "agricultural operation employer," "excessive heat," "farmworker," and "Secretary" (referencing 29 U.S.C. 652); requires the Secretary of Labor to immediately deem an initial occupational safety and health standard under the Occupational Safety and Health Act (OSHA) to protect farmworkers from wildfire smoke and excessive heat, enforceable like standards under OSHA section 6 (29 U.S.C. 655) including anti-discrimination protections; and directs the Secretary to begin promulgating a permanent OSHA standard by 90 days after enactment that provides at least the same protections as the initial standard and no less than the most protective state standards. The initial standard requires agricultural operation employers to (1) provide farmworkers with N95 or N100 respirators or equivalent for wildfire smoke at dangerous air quality levels determined by the Secretary, with mandatory use at extremely dangerous levels; (2) provide water and cooling facilities for excessive heat at dangerous levels, with mandatory use at extremely dangerous levels; (3) supply training in a language understood by farmworkers on equipment use, effectiveness, and health risks, with opportunities for questions; and (4) mandate rest breaks of at least 10 minutes every 2 hours in shaded, lower-exposure areas once dangerous or extremely dangerous levels are reached. The section further requires the Secretary to provide technical assistance to agricultural operation employers, including sample training materials developed in collaboration with community organizations serving hard-to-reach farmworkers. (As background, OSHA standards set mandatory workplace safety requirements enforceable by the Department of Labor against employers affecting commerce, including agricultural operations; farmworkers face elevated risks from wildfire smoke and heat due to outdoor labor.)