I 

117TH CONGRESS 

1ST SESSION H. R. 2193 

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 HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Ms. CHU (for herself, Mr. SCOTT of Virginia, Mr. GRIJALVA, and Ms. ADAMS) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

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 2021’’. 

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

8 (1) Excessive heat exposure poses a direct 

9 threat to workers and the economy. Climate change 


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

2 on record have occurred since 2001. Rising tempera3 tures are projected to cause an increase in heat-re4 lated workplace injuries and illnesses, a dramatic 

5 loss in labor capacity, and decreased productivity. 

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

7 from extreme heat in the United States each year 

8 than from hurricanes, floods, and tornadoes com9 bined. 

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

11 temperatures rise above the body’s capacity to dispel 

12 heat. Impacts range from comparatively minor prob13 lems such as heat cramps to severe afflictions such 

14 as organ damage, heat exhaustion, stroke, and 

15 death. 

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

17 threat to workers. Respiratory infections, such as 

18 COVID–19, and protective equipment, like essential 

19 face masks, can increase susceptibility to heat ex20 haustion and heat stroke. Many of the symptoms of 

21 COVID–19 and heat stress may combine to cause 

22 acute illness that is especially deadly. 

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

24 and death are disproportionately held by Black and 


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1 Brown workers, a disparity that reflects the racial 

2 injustice inherent in our economic system. 

3 (6) Farmworkers and construction workers suf4 fer the highest incidence of heat illness, but all out5 door and indoor workers employed in excessively hot 

6 and humid environments are at significant risk of 

7 material impairment of health or functional capacity. 

8 (7) Asuncion Valdivia was a California farm9 worker who died of heat stroke in 2004 after picking 

10 grapes for 10 straight hours in 105 degree tempera11 tures. Instead of calling an ambulance, his employer 

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

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

14 (8) People working in excessive heat suffer di15 minished mental acuity and physical ability, which 

16 increases the risk of accidents. Heat-related injuries 

17 and illnesses increase workers’ compensation costs 

18 and medical expenses. 

19 (9) The costs of lower labor productivity under 

20 rising temperatures is estimated to reach up to 

21 $160,000,000,000 in lost wages per year in the 

22 United States by 2090 according to the 2018 Na23 tional Climate Assessment. The drop in productivity 

24 decreases income for employers and workers. Global 

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1 jected to be greater than 20 percent by the end of 

2 this century. 

3 (10) Every year, thousands of workers become 

4 sick and some die from exposure to heat. Between 

5 1992 and 2017, 815 United States workers died 

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

7 These numbers are generally understood to be gross 

8 undercounts because many heat-related illnesses and 

9 deaths are blamed on natural causes. 

10 (11) Workers have a legal right to a safe work11 place. The vast majority of heat-related workplace 

12 deaths and illnesses can be prevented by access to 

13 water, rest, and shade. Many employers don’t pro14 vide these simple measures for workers according to 

15 the Occupational Safety and Health Administration. 

16 (12) Employers often retaliate against employ17 ees if they report or seek assistance due to problems 

18 with heat. Many employees are therefore afraid to 

19 report problems and face increased risk of heat-re20 lated illnesses or death. 

21 (13) In the absence of a Federal standard, mul22 tiple branches of the United States Armed Forces— 

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

24 Force—have issued heat prevention guidelines, and 

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1 nesota—have issued heat prevention standards. The 

2 National Institute for Occupational Safety and 

3 Health (NIOSH) issued criteria for such a standard 

4 in 1972, updating it in 1986 and 2016. 

5 (14) Congress created the Occupational Safety 

6 and Health Administration to ensure safe and 

7 healthful working conditions by setting and enforc8 ing standards pursuant to section 6 of the Occupa9 tional Safety and Health Act of 1970. Employees 

10 are exposed to grave danger from exposure to exces11 sive heat. The Occupational Safety and Health Ad12 ministration must develop a standard to protect 

13 workers from the significant risks of heat-related ill14 ness and death. 

15 (15) While heat stress is often associated with 

16 outdoor jobs, some indoor workers are also at risk 

17 from dangerously high temperatures. Indoor heat 

18 stress is prevalent in enclosed workplaces without 

19 climate control or adequate ventilation, such as 

20 warehouses and factories, and workplaces with heat21 generating machinery such as steel mills, electrical 

22 utilities, bakeries, commercial kitchens, and laun23 dries. 


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

2 AND HOT ENVIRONMENTS. 

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

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

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

6 Safety and Health Act of 1970 (29 U.S.C. 655(b)), pro7 mulgate a proposed standard on prevention of occupa8 tional exposure to excessive heat. 

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

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

11 promulgate a final standard on prevention of occupational 

12 exposure to excessive heat that shall— 

13 (1) provide no less protection than the most 

14 protective heat prevention standard adopted by a 

15 State plan that has been approved by the Secretary 

16 under section 18 of the Occupational Safety and 

17 Health Act of 1970 (29 U.S.C. 667) and, at a min18 imum, include the requirements described in section 

19 4; and 

20 (2) be effective and enforceable in the same 

21 manner and to the same extent as any standard pro22 mulgated under section 6(b) of the Occupational 

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

24 (c) INTERIM FINAL STANDARD.— 

25 (1) IN GENERAL.—If the proposed standard de26 scribed in subsection (a) is not promulgated not 


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1 later than 2 years after the date of enactment of 

2 this Act, the Secretary of Labor shall promulgate an 

3 interim final standard on prevention of occupational 

4 exposure to excessive heat not later than 2 years and 

5 60 days after such date of enactment— 

6 (A) to require covered employers to develop 

7 and implement a comprehensive workplace ex8 cessive heat prevention plan to protect covered 

9 employees from excessive heat that may lead to 

10 heat-related injuries and illnesses; and 

11 (B) that shall, at a minimum— 

12 (i) provide no less protection than the 

13 most protective heat prevention standard 

14 adopted by a State plan that has been ap15 proved by the Secretary under section 18 

16 of the Occupational Safety and Health Act 

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

18 (ii) establish requirements with re19 spect to exposure limits that trigger action 

20 to protect covered employees from heat-re21 lated illness, hydration, scheduled and paid 

22 rest breaks in shaded or climate-controlled 

23 spaces, an acclimatization plan, exposure 

24 monitoring, and other measures to prevent 

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1 ployee and supervisor training, hazard no2 tification, an emergency medical response 

3 plan, heat-related surveillance, record4 keeping, and procedures for compensating 

5 piece rate workers for required heat-related 

6 rest breaks; 

7 (iii) take into consideration the 

8 NIOSH Criteria for a Recommended 

9 Standard: Occupational Exposure to Heat 

10 and Hot Environments published by the 

11 National Institute for Occupational Safety 

12 and Health in 2016; and 

13 (iv) include a requirement to protect 

14 employees from discrimination or retalia15 tion for exercising the rights of the em16 ployees under the interim final standard. 

17 (2) APPLICABILITY OF OTHER STATUTORY RE18 QUIREMENTS.—The following shall not apply to the 

19 promulgation of the interim final standard under 

20 this subsection: 

21 (A) The requirements applicable to occupa22 tional safety and health standards under section 

23 6(b) of the Occupational Safety and Health Act 

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


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

2 chapter 5 and chapter 6 of title 5, United 

3 States Code. 

4 (C) The requirements of the National En5 vironmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.). 

7 (3) EFFECTIVE DATE OF INTERIM STAND8 ARD.—The interim final standard shall— 

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

10 than 30 days after the promulgation of such 

11 standard, except that such interim final stand12 ard may include a reasonable phase-in period 

13 for the implementation of required engineering 

14 controls that take effect after such date; 

15 (B) be enforced in the same manner and 

16 to the same extent as any standard promul17 gated under section 6(b) of the Occupational 

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

19 655(b)); and 

20 (C) be in effect until the final standard de21 scribed in subsection (b) becomes effective and 

22 enforceable. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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

2 employee’’ includes an individual employed by a cov3 ered employer. 

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

5 employer’’— 

6 (A) means an employer that employs an 

7 individual to work at a covered workplace; and 

8 (B) includes a contractor, subcontractor, a 

9 temporary service firm, or an employee leasing 

10 entity. 

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

12 workplace’’ includes a workplace with occupational 

13 exposure to excessive heat. 

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

15 meaning given the term in section 3 of the Occupa16 tional Safety and Health Act of 1970 (29 U.S.C. 

17 652). 

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

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

20 levels that exceed the capacities of the body to main21 tain normal body functions and may cause heat-re22 lated injury, illness, or fatality (including heat 

23 stroke, heat exhaustion, heat syncope, heat cramps, 

24 or heat rashes). 


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

2 the Secretary of Labor. 

3 SEC. 4. REQUIREMENTS FOR FINAL STANDARD ON PRE4 VENTION OF OCCUPATIONAL EXPOSURE TO 

5 EXCESSIVE HEAT. 

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

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

8 (1) take into consideration the NIOSH Criteria 

9 for a Recommended Standard: Occupational Expo10 sure to Heat and Hot Environments published by 

11 the National Institute for Occupational Safety and 

12 Health in 2016; 

13 (2) establish requirements with respect to expo14 sure limits that trigger action to protect covered em15 ployees from heat-related illness, hydration, sched16 uled and paid rest breaks in shaded or climate-con17 trolled spaces, an acclimatization plan, exposure 

18 monitoring, and other measures to prevent exposure 

19 to heat above safe limits, employee and supervisor 

20 training, hazard notification, medical monitoring, an 

21 emergency medical response plan, heat-related sur22 veillance recordkeeping, procedures for compensating 

23 piece rate workers for required heat-related rest 

24 breaks, and a heat prevention plan; and 


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1 (3) include the requirements described in sub2 section (b) with respect to covered employers. 

3 (b) REQUIREMENTS.—The final standard promul4 gated under section 2(b) shall, with respect to covered em5 ployers, include the following: 

6 (1) HEAT ILLNESS PREVENTION PLANS.— 

7 (A) IN GENERAL.—A covered employer 

8 shall develop, implement, and maintain an ef9 fective, written excessive heat illness prevention 

10 plan for covered employees, which shall— 

11 (i) be developed and implemented with 

12 the meaningful participation of covered 

13 employees and, where applicable, employee 

14 representatives and collective bargaining 

15 representatives, for all aspects of the plan; 

16 (ii) be tailored and specific to hazards 

17 in the covered workplace; 

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

19 the language understood by a majority of 

20 the employees, if such language is not 

21 English; and 

22 (iv) be made available, upon request, 

23 to such employees, the employee represent24 atives for such employees, and the Sec25 retary. 


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1 (B) PLAN CONTENT.—Each plan required 

2 under subparagraph (A) shall include proce3 dures and methods for the following: 

4 (i) Initial and regular monitoring of 

5 employee exposure to determine whether 

6 employees are exposed to excessive heat. 

7 (ii) Provision of water, paid rest 

8 breaks, and access to shade or cool-down 

9 areas. 

10 (iii) Emergency response. 

11 (iv) Acclimatization. 

12 (v) Hazard prevention, including engi13 neering controls, administrative controls, 

14 or personal protective equipment to cor15 rect, in a timely manner, applying indus16 trial hygiene principles of the hierarchy of 

17 controls, including, as appropriate— 

18 (I) engineering controls that may 

19 include isolation of hot processes, iso20 lation of employees from sources of 

21 heat, local exhaust ventilation, shield22 ing from a radiant heat source, and 

23 insulation of hot surfaces, the provi24 sion of air conditioning, cooling fans, 


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1 cooling mist fans, evaporative coolers, 

2 and natural ventilation; 

3 (II) administrative controls that 

4 limit exposure to a hazard by adjust5 ment of work procedures or work 

6 schedules, which may include accli7 matizing employees, rotating employ8 ees, scheduling work earlier or later in 

9 the day, using work-rest schedules, re10 ducing work intensity or speed, chang11 ing required work clothing, and using 

12 relief workers; and 

13 (III) personal protective equip14 ment which may include water-cooled 

15 garments, air-cooled garments, reflec16 tive clothing, and cooling vests. 

17 (vi) Coordination of risk assessment 

18 efforts, plan development, and implementa19 tion of the plan with other employers who 

20 have employees who work at the covered 

21 workplace. 

22 (vii) Compensating piece rate workers 

23 for required heat-related rest breaks. 

24 (2) TRAINING AND EDUCATION.— 


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1 (A) EMPLOYEE TRAINING.—A covered em2 ployer shall provide annual training and edu3 cation to covered employees who may be ex4 posed to high heat levels, which shall cover the 

5 following topics: 

6 (i) Identified heat illness risk factors. 

7 (ii) Personal factors that may increase 

8 susceptibility to heat-related illness. 

9 (iii) Signs and symptoms of heat-re10 lated illness. 

11 (iv) Different types of heat illness. 

12 (v) The importance of acclimatization 

13 and consumption of liquids. 

14 (vi) Engineering control measures. 

15 (vii) Administrative control measures. 

16 (viii) The importance of reporting 

17 heat-related symptoms being experienced 

18 by the employee or another employee. 

19 (ix) Recordkeeping requirements and 

20 reporting procedures. 

21 (x) Emergency response procedures. 

22 (xi) Employee rights. 

23 (B) SUPERVISOR TRAINING.—In addition 

24 to the training and education required in sub25 paragraph (A), training and education shall be 


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1 provided annually to covered employees who are 

2 supervisors that shall cover the following topics: 

3 (i) The procedures a supervisor is re4 quired to follow under this Act. 

5 (ii) How to recognize high-risk situa6 tions, including how to monitor weather re7 ports and weather advisories, and not as8 signing an employee to situations that pre9 dictably compromise the safety of the em10 ployee. 

11 (iii) The procedures to follow when an 

12 employee exhibits signs or reports symp13 toms consistent with possible heat illness, 

14 including emergency response procedures. 

15 (C) GENERAL TRAINING REQUIRE16 MENTS.—The education and training provided 

17 under this paragraph to covered employees shall 

18 meet the following: 

19 (i) In the case of such an employee 

20 whose job circumstances have changed, 

21 within a reasonable timeframe after such 

22 change of job circumstances, education and 

23 training shall be provided that shall be— 

24 (I) in addition to the education 

25 and training provided under clause 


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1 (ii), subparagraph (A), and, if applica2 ble to such employee, subparagraph 

3 (B); and 

4 (II) applicable to such change of 

5 job circumstances. 

6 (ii) Applicable education and training 

7 shall be provided for each new covered em8 ployee prior to the employee’s job assign9 ment. 

10 (iii) The education and training shall 

11 provide such employees opportunities to 

12 ask questions, give feedback, and request 

13 additional instruction, clarification, or 

14 other follow-up. 

15 (iv) The education and training shall 

16 be provided in-person and by an individual 

17 with knowledge of heat illness prevention 

18 and of the plan of the employer under this 

19 section. 

20 (v) The education and training shall 

21 be appropriate in content and vocabulary 

22 to the language, educational level, and lit23 eracy of such covered employees. 

24 (3) RECORDKEEPING.—Each covered employer 

25 shall— 


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1 (A) maintain at all times— 

2 (i) records related to each plan of the 

3 employer under paragraph (1), including 

4 heat illness risk and hazard assessments, 

5 and identification, evaluation, correction, 

6 and training procedures; 

7 (ii) data on all heat-related illnesses 

8 and deaths; and 

9 (iii) data on environmental and phys10 iological measurements related to heat; and 

11 (B) make such records and data available, 

12 upon request, to covered employees and their 

13 representatives for examination and copying in 

14 accordance with section 1910.1020 of title 29, 

15 Code of Federal Regulations (as such section is 

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

17 (4) WHISTLEBLOWER PROTECTIONS.— 

18 (A) POLICY.—Each covered employer shall 

19 adopt a policy prohibiting any person (including 

20 an agent of the employer) from discriminating 

21 or retaliating against any employee for— 

22 (i) exercising the rights of the em23 ployee under this Act; or 


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1 (ii) reporting violations of the stand2 ard to any local, State, or Federal govern3 ment. 

4 (B) PROHIBITION.—No covered employer 

5 shall discriminate or retaliate against any em6 ployee for— 

7 (i) reporting a heat-illness-related con8 cern to, or seeking assistance or interven9 tion with respect to heat-related health 

10 symptoms from, the employer, local emer11 gency services, or a local, State, or Federal 

12 government; or 

13 (ii) exercising any other rights of the 

14 employee under this Act. 

15 (C) ENFORCEMENT.—This paragraph shall 

16 be enforced in the same manner and to the 

17 same extent as any standard promulgated 

18 under section 6(b) of the Occupational Safety 

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

Æ 


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