II 

116TH CONGRESS 

2D SESSION S. 4781 

To direct the Occupational Safety and Health Administration to issue an 

occupational safety and health standard to protect workers from heatrelated injuries and illnesses. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2020 

Mr. SCHUMER (for Ms. HARRIS (for herself, Mr. BROWN, Ms. BALDWIN, Ms. 

WARREN, and Mr. MERKLEY)) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL 

To direct the Occupational Safety and Health Administration 

to issue an occupational safety and health standard to 

protect workers from heat-related injuries and illnesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Asuncion Valdivia Heat Illness and Fatality Prevention 

6 Act of 2020’’. 

7 (b) FINDINGS.—Congress finds the following: 


ctelli on DSK11ZRN23PROD with BILLS
2 

•S 4781 IS

1 (1) Excessive heat exposure poses a direct 

2 threat to workers and the economy. Climate change 

3 increases this danger, as 19 of the 20 hottest years 

4 on record have occurred since 2001. Rising tempera5 tures are projected to cause an increase in heat-re6 lated workplace injuries and illnesses, a dramatic 

7 loss in labor capacity, and decreased productivity. 

8 (2) On average, 3 times as many people die 

9 from extreme heat in the United States each year 

10 than from hurricanes, floods, and tornadoes com11 bined. 

12 (3) Heat-related illnesses can arise when high 

13 temperatures rise above the body’s capacity to dispel 

14 heat. Impacts range from comparatively minor prob15 lems such as heat cramps to severe afflictions such 

16 as organ damage, heat exhaustion, stroke, and 

17 death. 

18 (4) Heat stress and COVID–19 are a combined 

19 threat to workers. Respiratory infections, such as 

20 COVID–19, and protective equipment, like essential 

21 face masks, can increase susceptibility to heat ex22 haustion and heat stroke. Many of the symptoms of 

23 COVID–19 and heat stress may combine to cause 

24 acute illness that is especially deadly. 


ctelli on DSK11ZRN23PROD with BILLS
3 

•S 4781 IS

1 (5) Jobs at highest risk of heat stress illness 

2 and death are disproportionately held by Black and 

3 Brown workers, a disparity that reflects the racial 

4 injustice inherent in our economic system. 

5 (6) Farmworkers and construction workers suf6 fer the highest incidence of heat illness, but all out7 door and indoor workers employed in excessively hot 

8 and humid environments are at significant risk of 

9 material impairment of health or functional capacity. 

10 (7) Asuncion Valdivia was a California farm11 worker who died of heat stroke in 2004 after picking 

12 grapes for 10 straight hours in 105 degree tempera13 tures. Instead of calling an ambulance, his employer 

14 told his son to drive Mr. Valdivia home. On his way 

15 home, he started foaming at the mouth and died. 

16 (8) People working in excessive heat suffer di17 minished mental acuity and physical ability, which 

18 increases the risk of accidents. Heat-related injuries 

19 and illnesses increase workers’ compensation costs 

20 and medical expenses. 

21 (9) The costs of lower labor productivity under 

22 rising temperatures is estimated to reach up to 

23 $160,000,000,000 in lost wages per year in the 

24 United States by 2090 according to the 2018 Na25 tional Climate Assessment. The drop in productivity 


ctelli on DSK11ZRN23PROD with BILLS
4 

•S 4781 IS

1 decreases income for employers and workers. Global 

2 gross domestic product losses from heat are pro3 jected to be greater than 20 percent by the end of 

4 this century. 

5 (10) Every year, thousands of workers become 

6 sick and some die from exposure to heat. Between 

7 1992 and 2017, 815 United States workers died 

8 from heat and almost 70,000 were seriously injured. 

9 These numbers are generally understood to be gross 

10 undercounts because many heat-related illnesses and 

11 deaths are blamed on natural causes. 

12 (11) Workers have a legal right to a safe work13 place. The vast majority of heat-related workplace 

14 deaths and illnesses can be prevented by access to 

15 water, rest, and shade. Many employers don’t pro16 vide these simple measures for workers according to 

17 the Occupational Safety and Health Administration. 

18 (12) Employers often retaliate against employ19 ees if they report or seek assistance due to problems 

20 with heat. Many employees are therefore afraid to 

21 report problems and face increased risk of heat-re22 lated illnesses or death. 

23 (13) In the absence of a Federal standard, mul24 tiple branches of the United States Armed Forces— 

25 including the Army, Navy, Marine Corps, and Air 


ctelli on DSK11ZRN23PROD with BILLS
5 

•S 4781 IS

1 Force—have issued heat prevention guidelines, and 

2 several States—California, Washington, and Min3 nesota—have issued heat prevention standards. The 

4 National Institute for Occupational Safety and 

5 Health (NIOSH) issued criteria for such a standard 

6 in 1972, updating it in 1986 and 2016. 

7 (14) Congress created the Occupational Safety 

8 and Health Administration to ensure safe and 

9 healthful working conditions by setting and enforc10 ing standards pursuant to section 6 of the Occupa11 tional Safety and Health Act of 1970. Employees 

12 are exposed to grave danger from exposure to exces13 sive heat. The Occupational Safety and Health Ad14 ministration must develop a standard to protect 

15 workers from the significant risks of heat-related ill16 ness and death. 

17 SEC. 2. OSHA SAFETY STANDARD FOR EXPOSURE TO HEAT 

18 AND HOT ENVIRONMENTS. 

19 (a) PROPOSED STANDARD.—Not later than 2 years 

20 after the date of enactment of this Act, the Secretary of 

21 Labor shall, pursuant to section 6(b) of the Occupational 

22 Safety and Health Act of 1970 (29 U.S.C. 655(b)), pro23 mulgate a proposed standard on prevention of occupa24 tional exposure to excessive heat. 


ctelli on DSK11ZRN23PROD with BILLS
6 

•S 4781 IS

1 (b) FINAL STANDARD.—Not later than 42 months 

2 after the date of enactment of this Act, the Secretary shall 

3 promulgate a final standard on prevention of occupational 

4 exposure to excessive heat that shall— 

5 (1) provide no less protection than the most 

6 protective heat prevention standard adopted by a 

7 State plan that has been approved by the Secretary 

8 under section 18 of the Occupational Safety and 

9 Health Act of 1970 (29 U.S.C. 667) and, at a min10 imum, include the requirements described in section 

11 4; and 

12 (2) be effective and enforceable in the same 

13 manner and to the same extent as any standard pro14 mulgated under section 6(b) of the Occupational 

15 Safety and Health Act of 1970 (29 U.S.C. 655(b)). 

16 (c) INTERIM FINAL STANDARD.— 

17 (1) IN GENERAL.—If the proposed standard de18 scribed in subsection (a) is not promulgated not 

19 later than 2 years after the date of enactment of 

20 this Act, the Secretary of Labor shall promulgate an 

21 interim final standard on prevention of occupational 

22 exposure to excessive heat not later than 2 years and 

23 60 days after such date of enactment— 

24 (A) to require covered employers to develop 

25 and implement a comprehensive workplace exVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
7 

•S 4781 IS

1 cessive heat prevention plan to protect covered 

2 employees from excessive heat that may lead to 

3 heat-related injuries and illnesses; and 

4 (B) that shall, at a minimum— 

5 (i) provide no less protection than the 

6 most protective heat prevention standard 

7 adopted by a State plan that has been ap8 proved by the Secretary under section 18 

9 of the Occupational Safety and Health Act 

10 of 1970 (29 U.S.C. 667); 

11 (ii) establish requirements with re12 spect to exposure limits that trigger action 

13 to protect covered employees from heat-re14 lated illness, hydration, scheduled and paid 

15 rest breaks in shaded or climate-controlled 

16 spaces, an acclimatization plan, exposure 

17 monitoring, and other measures to prevent 

18 exposure to heat above safe limits, em19 ployee and supervisor training, hazard no20 tification, an emergency medical response 

21 plan, heat-related surveillance, record22 keeping, and procedures for compensating 

23 piece rate workers for required heat-related 

24 rest breaks; 


ctelli on DSK11ZRN23PROD with BILLS
8 

•S 4781 IS

1 (iii) take into consideration the 

2 NIOSH Criteria for a Recommended 

3 Standard: Occupational Exposure to Heat 

4 and Hot Environments published by the 

5 National Institute for Occupational Safety 

6 and Health in 2016; and 

7 (iv) include a requirement to protect 

8 employees from discrimination or retalia9 tion for exercising the rights of the em10 ployees under the interim final standard. 

11 (2) APPLICABILITY OF OTHER STATUTORY RE12 QUIREMENTS.—The following shall not apply to the 

13 promulgation of the interim final standard under 

14 this subsection: 

15 (A) The requirements applicable to occupa16 tional safety and health standards under section 

17 6(b) of the Occupational Safety and Health Act 

18 of 1970 (29 U.S.C. 655(b)). 

19 (B) The requirements of section 553(c) of 

20 chapter 5 and chapter 6 of title 5, United 

21 States Code. 

22 (C) The requirements of the National En23 vironmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.). 


ctelli on DSK11ZRN23PROD with BILLS
9 

•S 4781 IS

1 (3) EFFECTIVE DATE OF INTERIM STAND2 ARD.—The interim final standard shall— 

3 (A) take effect on a date that is not later 

4 than 30 days after the promulgation of such 

5 standard, except that such interim final stand6 ard may include a reasonable phase-in period 

7 for the implementation of required engineering 

8 controls that take effect after such date; 

9 (B) be enforced in the same manner and 

10 to the same extent as any standard promul11 gated under section 6(b) of the Occupational 

12 Safety and Health Act of 1970 (29 U.S.C. 

13 655(b)); and 

14 (C) be in effect until the final standard de15 scribed in subsection (b) becomes effective and 

16 enforceable. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) COVERED EMPLOYEE.—The term ‘‘covered 

20 employee’’ includes an individual employed by a cov21 ered employer. 

22 (2) COVERED EMPLOYER.—The term ‘‘covered 

23 employer’’— 

24 (A) means an employer that employs an 

25 individual to work at a covered workplace; and 


ctelli on DSK11ZRN23PROD with BILLS
10 

•S 4781 IS

1 (B) includes a contractor, subcontractor, a 

2 temporary service firm, or an employee leasing 

3 entity. 

4 (3) COVERED WORKPLACE.—The term ‘‘covered 

5 workplace’’ includes a workplace with occupational 

6 exposure to excessive heat. 

7 (4) EMPLOYER.—The term ‘‘employer’’ has the 

8 meaning given the term in section 3 of the Occupa9 tional Safety and Health Act of 1970 (29 U.S.C. 

10 652). 

11 (5) EXCESSIVE HEAT.—The term ‘‘excessive 

12 heat’’ includes outdoor or indoor exposure to heat at 

13 levels that exceed the capacities of the body to main14 tain normal body functions and may cause heat-re15 lated injury, illness, or fatality (including heat 

16 stroke, heat exhaustion, heat syncope, heat cramps, 

17 or heat rashes). 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Labor. 

20 SEC. 4. REQUIREMENTS FOR FINAL STANDARD ON PRE21 VENTION OF OCCUPATIONAL EXPOSURE TO 

22 EXCESSIVE HEAT. 

23 (a) IN GENERAL.—The final standard promulgated 

24 under section 2(b) shall, at a minimum— 


ctelli on DSK11ZRN23PROD with BILLS
11 

•S 4781 IS

1 (1) take into consideration the NIOSH Criteria 

2 for a Recommended Standard: Occupational Expo3 sure to Heat and Hot Environments published by 

4 the National Institute for Occupational Safety and 

5 Health in 2016; 

6 (2) establish requirements with respect to expo7 sure limits that trigger action to protect covered em8 ployees from heat-related illness, hydration, sched9 uled and paid rest breaks in shaded or climate-con10 trolled spaces, an acclimatization plan, exposure 

11 monitoring, and other measures to prevent exposure 

12 to heat above safe limits, employee and supervisor 

13 training, hazard notification, medical monitoring, an 

14 emergency medical response plan, heat-related sur15 veillance recordkeeping, procedures for compensating 

16 piece rate workers for required heat-related rest 

17 breaks, and a heat prevention plan; and 

18 (3) include the requirements described in sub19 section (b) with respect to covered employers. 

20 (b) REQUIREMENTS.—The final standard promul21 gated under section 2(b) shall, with respect to covered em22 ployers, include the following: 

23 (1) HEAT ILLNESS PREVENTION PLANS.— 

24 (A) IN GENERAL.—A covered employer 

25 shall develop, implement, and maintain an efVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
12 

•S 4781 IS

1 fective, written excessive heat illness prevention 

2 plan for covered employees, which shall— 

3 (i) be developed and implemented with 

4 the meaningful participation of covered 

5 employees and, where applicable, employee 

6 representatives and collective bargaining 

7 representatives, for all aspects of the plan; 

8 (ii) be tailored and specific to hazards 

9 in the covered workplace; 

10 (iii) be in writing, in English and in 

11 the language understood by a majority of 

12 the employees, if such language is not 

13 English; and 

14 (iv) be made available, upon request, 

15 to such employees, the employee represent16 atives for such employees, and the Sec17 retary. 

18 (B) PLAN CONTENT.—Each plan required 

19 under subparagraph (A) shall include proce20 dures and methods for the following: 

21 (i) Initial and regular monitoring of 

22 employee exposure to determine whether 

23 employees are exposed to excessive heat. 


ctelli on DSK11ZRN23PROD with BILLS
13 

•S 4781 IS

1 (ii) Provision of water, paid rest 

2 breaks, and access to shade or cool-down 

3 areas. 

4 (iii) Emergency response. 

5 (iv) Acclimatization. 

6 (v) Hazard prevention, including engi7 neering controls, administrative controls, 

8 or personal protective equipment to cor9 rect, in a timely manner, applying indus10 trial hygiene principles of the hierarchy of 

11 controls, including, as appropriate— 

12 (I) engineering controls that may 

13 include isolation of hot processes, iso14 lation of employees from sources of 

15 heat, local exhaust ventilation, shield16 ing from a radiant heat source, and 

17 insulation of hot surfaces, the provi18 sion of air conditioning, cooling fans, 

19 cooling mist fans, evaporative coolers, 

20 and natural ventilation; 

21 (II) administrative controls that 

22 limit exposure to a hazard by adjust23 ment of work procedures or work 

24 schedules, which may include accli25 matizing employees, rotating employVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
14 

•S 4781 IS

1 ees, scheduling work earlier or later in 

2 the day, using work-rest schedules, re3 ducing work intensity or speed, chang4 ing required work clothing, and using 

5 relief workers; and 

6 (III) personal protective equip7 ment which may include water-cooled 

8 garments, air-cooled garments, reflec9 tive clothing, and cooling vests. 

10 (vi) Coordination of risk assessment 

11 efforts, plan development, and implementa12 tion of the plan with other employers who 

13 have employees who work at the covered 

14 workplace. 

15 (vii) Compensating piece rate workers 

16 for required heat-related rest breaks. 

17 (2) TRAINING AND EDUCATION.— 

18 (A) EMPLOYEE TRAINING.—A covered em19 ployer shall provide annual training and edu20 cation to covered employees who may be ex21 posed to high heat levels, which shall cover the 

22 following topics: 

23 (i) Identified heat illness risk factors. 

24 (ii) Personal factors that may increase 

25 susceptibility to heat-related illness. 


ctelli on DSK11ZRN23PROD with BILLS
15 

•S 4781 IS

1 (iii) Signs and symptoms of heat-re2 lated illness. 

3 (iv) Different types of heat illness. 

4 (v) The importance of acclimatization 

5 and consumption of liquids. 

6 (vi) Engineering control measures. 

7 (vii) Administrative control measures. 

8 (viii) The importance of reporting 

9 heat-related symptoms being experienced 

10 by the employee or another employee. 

11 (ix) Recordkeeping requirements and 

12 reporting procedures. 

13 (x) Emergency response procedures. 

14 (xi) Employee rights. 

15 (B) SUPERVISOR TRAINING.—In addition 

16 to the training and education required in sub17 paragraph (A), training and education shall be 

18 provided annually to covered employees who are 

19 supervisors that shall cover the following topics: 

20 (i) The procedures a supervisor is re21 quired to follow under this Act. 

22 (ii) How to recognize high-risk situa23 tions, including how to monitor weather re24 ports and weather advisories, and not as25 signing an employee to situations that preVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
16 

•S 4781 IS

1 dictably compromise the safety of the em2 ployee. 

3 (iii) The procedures to follow when an 

4 employee exhibits signs or reports symp5 toms consistent with possible heat illness, 

6 including emergency response procedures. 

7 (C) GENERAL TRAINING REQUIRE8 MENTS.—The education and training provided 

9 under this paragraph to covered employees shall 

10 meet the following: 

11 (i) In the case of such an employee 

12 whose job circumstances have changed, 

13 within a reasonable timeframe after such 

14 change of job circumstances, education and 

15 training shall be provided that shall be— 

16 (I) in addition to the education 

17 and training provided under clause 

18 (ii), subparagraph (A), and, if applica19 ble to such employee, subparagraph 

20 (B); and 

21 (II) applicable to such change of 

22 job circumstances. 

23 (ii) Applicable education and training 

24 shall be provided for each new covered emVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
17 

•S 4781 IS

1 ployee prior to the employee’s job assign2 ment. 

3 (iii) The education and training shall 

4 provide such employees opportunities to 

5 ask questions, give feedback, and request 

6 additional instruction, clarification, or 

7 other follow-up. 

8 (iv) The education and training shall 

9 be provided in-person and by an individual 

10 with knowledge of heat illness prevention 

11 and of the plan of the employer under this 

12 section. 

13 (v) The education and training shall 

14 be appropriate in content and vocabulary 

15 to the language, educational level, and lit16 eracy of such covered employees. 

17 (3) RECORDKEEPING.—Each covered employer 

18 shall— 

19 (A) maintain at all times— 

20 (i) records related to each plan of the 

21 employer under paragraph (1), including 

22 heat illness risk and hazard assessments, 

23 and identification, evaluation, correction, 

24 and training procedures; 


ctelli on DSK11ZRN23PROD with BILLS
18 

•S 4781 IS

1 (ii) data on all heat-related illnesses 

2 and deaths; and 

3 (iii) data on environmental and phys4 iological measurements related to heat; and 

5 (B) make such records and data available, 

6 upon request, to covered employees and their 

7 representatives for examination and copying in 

8 accordance with section 1910.1020 of title 29, 

9 Code of Federal Regulations (as such section is 

10 in effect on the date of enactment of this Act). 

11 (4) WHISTLEBLOWER PROTECTIONS.— 

12 (A) POLICY.—Each covered employer shall 

13 adopt a policy prohibiting any person (including 

14 an agent of the employer) from discriminating 

15 or retaliating against any employee for— 

16 (i) exercising the rights of the em17 ployee under this Act; or 

18 (ii) reporting violations of the stand19 ard to any local, State, or Federal govern20 ment. 

21 (B) PROHIBITION.—No covered employer 

22 shall discriminate or retaliate against any em23 ployee for— 

24 (i) reporting a heat-illness-related con25 cern to, or seeking assistance or intervenVerDate Sep 11 2014 00:32 Oct 18, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4781.IS S4781

ctelli on DSK11ZRN23PROD with BILLS
19 

•S 4781 IS

1 tion with respect to heat-related health 

2 symptoms from, the employer, local emer3 gency services, or a local, State, or Federal 

4 government; or 

5 (ii) exercising any other rights of the 

6 employee under this Act. 

7 (C) ENFORCEMENT.—This paragraph shall 

8 be enforced in the same manner and to the 

9 same extent as any standard promulgated 

10 under section 6(b) of the Occupational Safety 

11 and Health Act of 1970 (29 U.S.C. 655(b)). 

Æ 


ctelli on DSK11ZRN23PROD with BILLS