S. 2571 — Farmworker Smoke and Excessive Heat Protection Act of 2025

This section sets forth congressional findings, as of enactment, that (1) the wildfire season has increased by over two months since the 1970s with wildfires becoming more prevalent due to 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 persisting for extended periods and traveling hundreds of miles; (4) such smoke inhalation harms human health, especially vulnerable populations including outdoor workers; (5) excessive heat threatens those without protection, including outdoor workers; and (6) more than 100 people died in the June 2021 Oregon heat wave, including a farmworker.

This section defines "agricultural operation employer," "excessive heat," "farmworker," and "Secretary" for purposes of the provision and directs the Secretary of Labor to deem an initial occupational safety and health standard under the Occupational Safety and Health Act of 1970 (OSHA) effective immediately upon enactment. The initial standard requires agricultural operation employers to (1) provide farmworkers with N95 or N100 respirators or equivalent for wildfire smoke and water and cooling facilities for excessive heat when levels determined dangerous by the Secretary; (2) mandate their use at extremely dangerous levels; (3) supply language-appropriate training on equipment use, effectiveness, and health risks, with question opportunities; and (4) provide mandatory 10-minute rest breaks every two hours in shaded, lower-exposure areas once dangerous levels are reached. The initial standard is enforced like OSHA standards promulgated under section 6, including anti-discrimination protections. This section further requires the Secretary to begin promulgating, by 90 days after enactment, a permanent OSHA standard that (1) matches or exceeds initial standard protections; (2) provides no less protection than the most protective state smoke or heat standards; and (3) details health impacts of unprotected wildfire smoke or excessive heat exposure. (As background, OSHA standards set mandatory workplace safety requirements enforceable by the Department of Labor, and farmworkers have faced elevated risks from climate-related hazards like wildfire smoke and heat.) This section authorizes agricultural operation employers to seek compliance advice from the Secretary or state/local health departments and directs the Secretary to provide technical assistance, develop sample training materials, and collaborate with community organizations serving hard-to-reach farmworkers.