IB 

Union Calendar No. 393 

117TH CONGRESS 

2D SESSION H. R. 2193 

[Report No. 117–547] 

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 

NOVEMBER 7, 2022 

Additional sponsors: Ms. OCASIO-CORTEZ, Ms. PINGREE, Ms. SCHAKOWSKY, 

Mr. LEVIN of Michigan, Ms. OMAR, Mr. RUIZ, Ms. BROWNLEY, Mr. CARSON, Mr. MRVAN, Mr. SAN NICOLAS, Ms. BARRAGA ́N, Ms. ROYBALALLARD, Mr. PANETTA, Mr. DESAULNIER, Ms. MATSUI, Mr. COHEN, 

Ms. NORTON, Ms. SA ́NCHEZ, Mr. GALLEGO, Mr. CA ́RDENAS, Mr. 

SABLAN, Ms. BONAMICI, Mr. SOTO, Mr. BLUMENAUER, Mr. KHANNA, 

Mrs. TORRES of California, Mr. LOWENTHAL, Ms. LEE of California, Mr. 

GARAMENDI, Mr. CARBAJAL, Ms. GARCIA of Texas, Mr. DANNY K. DAVIS

of Illinois, Mr. CRIST, Ms. CASTOR of Florida, Mr. HUFFMAN, Mr. 

TORRES of New York, Ms. KAPTUR, Mr. POCAN, Mr. VICENTE GONZALEZ of Texas, Mr. LARSEN of Washington, Mr. SUOZZI, Mrs. KIRKPATRICK, Mr. JOHNSON of Georgia, Mr. NADLER, Ms. LOFGREN, Mr. 

VARGAS, Mr. CICILLINE, Mr. AGUILAR, Mr. MORELLE, Ms. VELA ́ZQUEZ, 

Mr. EVANS, Mr. LIEU, Mr. BISHOP of Georgia, Mr. CASTRO of Texas, 

Ms. NEWMAN, Ms. WASSERMAN SCHULTZ, Mrs. HAYES, Ms. ROSS, Mr. 

MCGOVERN, Mr. DEFAZIO, Mr. GARCI ́A of Illinois, Mrs. DEMINGS, Ms. 

PRESSLEY, Ms. JAYAPAL, Mr. THOMPSON of California, Mr. ESPAILLAT, 

Mr. VEASEY, Mr. KIM of New Jersey, Mr. CONNOLLY, Mr. MOULTON, 

Ms. TITUS, Ms. DEAN, Mr. NEGUSE, Mr. SMITH of Washington, Mrs. 

NAPOLITANO, Mr. TONKO, Ms. ESHOO, Ms. MENG, Mr. KILDEE, Ms. 

BLUNT ROCHESTER, Mr. MCNERNEY, Mr. JONES, Mr. BOWMAN, Mr. 

RASKIN, Ms. LEGER FERNANDEZ, Mr. SIRES, Mr. COURTNEY, Mr. 


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TAKANO, Mr. MCEACHIN, Mrs. MURPHY of Florida, Mrs. MCBATH, Mr. 

LYNCH, Ms. STANSBURY, Mr. RUSH, Mr. HIGGINS of New York, Ms. 

TLAIB, Mr. CASTEN, Ms. STEVENS, Mrs. CAROLYN B. MALONEY of New 

York, Mr. BERA, Mr. GOMEZ, Mrs. WATSON COLEMAN, Ms. BUSH, Mr. 

BROWN of Maryland, Ms. BROWN of Ohio, Ms. CLARKE of New York, 

Mr. MFUME, Mrs. LAWRENCE, Mr. ALLRED, Ms. WILLIAMS of Georgia, 

Ms. SCANLON, Mr. PALLONE, and Ms. JACOBS of California 

NOVEMBER 7, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 26, 2021] 

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. 


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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. 

4 This Act may be cited as the ‘‘Asuncio ́n Valdivia Heat 

5 Illness and Fatality Prevention Act of 2022’’. 

6 SEC. 2. EMPLOYER DUTIES. 

7 Each employer shall— 

8 (1) furnish employment and a place of employ9 ment free from conditions that may reasonably be an10 ticipated to cause death or serious physical harm 

11 from heat stress; and 

12 (2) comply with standards, regulations, rules, 

13 and orders promulgated under this Act. 

14 SEC. 3. WORKER HEAT PROTECTION STANDARDS. 

15 (a) DESIGN OF STANDARDS.— 

16 (1) IN GENERAL.—The Secretary shall promul17 gate a worker heat protection standard that, in ac18 cordance with the best available evidence, establishes 

19 the maximum protective program of measures an em20 ployer shall implement to regulate employees’ expo21 sure to heat stress and prevent heat-related illness and 

22 injury that attains the highest degree of health and 

23 safety protection to the extent feasible. 

24 (2) CONSIDERATIONS.— 


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1 (A) DEMONSTRABLY ACHIEVABLE MEAS2 URES.—The Secretary may presume that any re3 quirement substantially equivalent to a require4 ment adopted by a State plan approved by the 

5 Occupational Safety and Health Administration 

6 pursuant to section 18(c) of the Occupational 

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

8 667(c)) and that has been in effect for at least 

9 1 year is feasible. 

10 (B) PRIORITIZING WORKER PROTECTION.— 

11 In weighing any considerations during rule12 making, the Secretary shall place preeminent 

13 value on assuring employees a safe and healthful 

14 working environment. 

15 (C) AVAILABLE EXPERTISE.—If the Sec16 retary adopts any finding or recommendation by 

17 the Institute, the American Conference of Gov18 ernmental Industrial Hygienists, or the National 

19 Academies of Sciences, Engineering, and Medi20 cine relevant to heat stress in a rulemaking pur21 suant to this Act, such finding or recommenda22 tion shall be considered the best available evi23 dence. 

24 (D) EMPLOYER CATEGORIES.—The Sec25 retary may, in any rulemaking analysis or deVerDate Sep 11 2014 20:21 Nov 07, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2193.RH H2193

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1 sign of standards, cluster relevant employers in 

2 any categories such as standard industry or oc3 cupational classifications or any common or re4 lated features of heat sources, conditions of em5 ployment, employer practices, employee charac6 teristics, or nature of place of employment that, 

7 in the Secretary’s reasonable determination, are 

8 useful for designing an effective and practicable 

9 program of standards, regulations, and enforce10 ment that maximizes the health and safety of 

11 employees. 

12 (3) PROTECTIVE PROGRAMS.— 

13 (A) IN GENERAL.—In addition to measures 

14 specified by this Act, the Secretary may develop 

15 a worker heat protection standard with such ad16 ditional requirements that, in the Secretary’s 

17 reasonable judgment, are necessary or appro18 priate to achieve the purposes of this Act. Such 

19 measures may include the following: 

20 (i) ENGINEERING CONTROLS.—Re21 quirements to eliminate hazardous levels of 

22 heat stress through engineering controls, 

23 such as isolation or shielding of employees 

24 from sources of heat, exhaust ventilation, 

25 insulation of hot surfaces, or climate-control 


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1 technologies, as well as technology-based 

2 standards that encourage the development of 

3 such controls. 

4 (ii) ADMINISTRATIVE CONTROLS.—Re5 quirements to limit exposure to hazardous 

6 levels of heat stress by adjustment of work 

7 procedures, work schedules, or other work 

8 practices. 

9 (iii) PERSONAL PROTECTIVE EQUIP10 MENT.—Requirements to provide, at the em11 ployer’s expense, personal protective equip12 ment such as water-cooled garments, air13 cooled garments, heat-reflective clothing, 

14 and cooling vests. 

15 (iv) HEALTH-RELATED PROTOCOLS.— 

16 Requirements to conduct medical symptom 

17 monitoring, emergency response protocols, 

18 medical removal protection, or training of 

19 employees and supervisors in recognition of 

20 symptoms of heat-related illness and appro21 priate responses. 

22 (v) TRAINING REQUIREMENTS.—Re23 quirements to train employees and super24 visors in topics reasonable or necessary to 

25 achieve the implementation of the requireVerDate Sep 11 2014 20:21 Nov 07, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2193.RH H2193

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1 ments of a standard or the purposes of this 

2 Act, including— 

3 (I) training of employees in signs 

4 and symptoms of heat-related illness, 

5 emergency response procedures, and 

6 their rights under this Act; and 

7 (II) training of supervisors in 

8 monitoring heat conditions and envi9 ronmental forecasts, recognizing signs 

10 of heat-related illness, and protocols for 

11 responding to likely heat-related ill12 ness. 

13 (vi) PLANNING REQUIREMENTS.—Re14 quirements for a heat illness and injury 

15 prevention plan that— 

16 (I) is of sufficient quality to effec17 tuate the purposes of this Act and to 

18 effectuate the requirements of the 

19 standard that apply to the employer; 

20 (II) is developed, updated, and 

21 implemented with the meaningful par22 ticipation of the employer’s employees 

23 and, where applicable, such employees’ 

24 representatives, for all aspects of the 

25 plan; 


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1 (III) is produced and maintained 

2 in writing and updated in light of 

3 changing conditions or practices; and 

4 (IV) is made available, upon re5 quest, to any employee, the employee’s 

6 representative, and the Secretary. 

7 (vii) STANDARD HEALTH AND SAFETY

8 MEASURES.—Any measures described in 

9 section 6(B)(7) of the Occupational Safety 

10 and Health Act of 1970 (29 USC 

11 655(B)(7)). 

12 (B) INNOVATIVE SOLUTIONS.—As the rel13 evant scientific evidence develops, technological 

14 solutions improve, and environmental conditions 

15 or new work practices aggravate the risk of heat16 related illness or injury, the Secretary may mod17 ify, supplement, or revise a worker heat protec18 tion standard by rule in order to improve such 

19 standard in light of such changes, even if it de20 parts from long-standing past practice, provided 

21 that the resulting standard is consistent with 

22 this Act. 

23 (C) CORE PRACTICES.—The Secretary shall 

24 establish criteria under which an employer who 

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1 pose an employee to heat or heat stress that is 

2 not reduced below hazardous levels by engineer3 ing controls or personal protective equipment 

4 shall implement a reasonable program that in5 cludes— 

6 (i) suitably cool potable water or ap7 propriate hydration, provided at employer 

8 expense; 

9 (ii) periodic paid rest breaks scheduled 

10 to reduce heat stress below hazardous levels; 

11 (iii) access to shade or suitable cool12 down spaces; 

13 (iv) acclimatization policies; and 

14 (v) such measures that are necessary or 

15 appropriate to ensure effective implementa16 tion of the requirements of this subpara17 graph. 

18 (4) OTHER SPECIFICATIONS.— 

19 (A) PROTECTION OF PAY.—The Secretary 

20 shall require that, for any required duration 

21 such as rest breaks, medical removal protection, 

22 and training, an employee shall receive com23 pensation at the regular rate at which such em24 ployee is employed. 


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1 (B) LANGUAGE ACCESS.—Any required 

2 training, poster, label, hazard alert, or written 

3 plan shall be provided in English and a lan4 guage understood by the employees, if such is not 

5 English, and prepared appropriately for the vo6 cabulary, educational level, and literacy of the 

7 employees. 

8 (C) TEMPORARY LABOR CAMPS.—The Sec9 retary shall revise the Secretary’s standard for 

10 temporary labor camps to the extent necessary to 

11 achieve the purposes of this Act. 

12 (5) MAINTAINING PROTECTION.—No worker heat 

13 protection standard promulgated under this Act may 

14 reduce the protection afforded employees by an exist15 ing worker heat protection standard. 

16 (b) INITIAL STANDARDS.—Not later than the date that 

17 is 1 year after the date of enactment of this Act, the Sec18 retary shall promulgate, without regard to the requirements 

19 of chapters 5 and 6 of title 5, United States Code, sub20 chapter I of chapter 35 of title 44, United States Code (com21 monly known as the ‘‘Paperwork Reduction Act’’), or the 

22 National Environmental Policy Act of 1969 (42 U.S.C. 431 

23 et seq.), an interim final rule establishing a worker heat 

24 protection standard and related recordkeeping and report25 ing requirements. Such rule shall take effect upon issuance 


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1 (except that it may include a reasonable delay in the effec2 tive date), shall have the legal effect of an occupational safe3 ty and health standard as defined by section 3(8) of the 

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

5 652(8)), and shall remain in effect until superseded by a 

6 final rule promulgated pursuant to this Act. 

7 (c) RULEMAKING PROCEDURES.—For any rulemaking 

8 pursuant to this Act after publication of the initial final 

9 rule in subsection (b), the following procedures shall apply: 

10 (1) IN GENERAL.—The Secretary shall, upon a 

11 showing by a petitioner pursuant to paragraph (2) or 

12 the Secretary’s own determination that a worker heat 

13 protection standard is necessary or appropriate to 

14 regulate employees’ exposure to conditions known to 

15 cause or that may reasonably be anticipated to cause 

16 heat-related illness or injury, promulgate any worker 

17 heat protection standard in accordance with the poli18 cies set forth in this section and in accordance with 

19 section 553 of title 5, United States Code (without re20 gard to any reference in such section to sections 556 

21 and 557 of such title). 

22 (2) PETITIONS FOR RULEMAKING.—Any person 

23 may petition the Secretary to promulgate or modify 

24 a worker heat protection standard. Within 18 months 

25 after receipt of a petition, the Secretary shall either 


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1 grant or deny the petition by publishing a written ex2 planation of the reasons for the Secretary’s decision. 

3 The Secretary may not deny a petition solely on the 

4 basis of inadequate resources or insufficient time for 

5 review. 

6 (3) TIMELINES.—Except as otherwise provided 

7 in subsection (b), the Secretary shall observe the fol8 lowing schedule for rulemaking: 

9 (A) PROPOSED STANDARDS.—Within one 

10 year after granting a petition for rulemaking 

11 under paragraph (2), the Secretary shall publish 

12 a proposed worker heat protection standard con13 sistent with this section. 

14 (B) FINAL STANDARDS.—The Secretary 

15 shall promulgate, within one year after such 

16 publication, such standards with such modifica17 tions as the Secretary deems appropriate. 

18 (C) EFFECT.—Standards or revisions there19 of shall become effective upon promulgation, ex20 cept that the Secretary may include a reasonable 

21 delay in the effective date. 

22 (4) TRANSPARENCY IN RULEMAKING.—For any 

23 rulemaking notice pursuant to this Act, the Secretary 

24 shall place in the public record not later than the date 

25 of such rulemaking notice the following: 


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1 (A) The drafts of such rulemakings pre2 pared before publication and submitted by the 

3 Secretary to the Office of Management and 

4 Budget for any interagency review process prior 

5 to publication, all documents accompanying such 

6 drafts, all written comments thereon by other 

7 agencies, and all written responses to such writ8 ten comments by the Secretary. 

9 (B) A summary of the substance of any 

10 changes between the text of the draft rulemaking 

11 that the agency provided to the Office of Manage12 ment and Budget under section 6(a)(3)(B)(i) of 

13 Executive Order 12,866 and the text published in 

14 the Federal Register, excluding any non-sub15 stantive changes such as spelling or grammatical 

16 corrections or re-ordering of text that has no 

17 legal effect. 

18 (C) A statement identifying any party or 

19 entity at whose request any such change was 

20 made. 

21 (5) JUDICIAL REVIEW.— 

22 (A) FILING OF PETITION.—A petition for 

23 review in accordance with section 702 of title 5, 

24 United States Code, of action of the Secretary in 

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1 ard or any other nationally applicable regula2 tion or final action taken by the Secretary pur3 suant to this Act may be filed only in the United 

4 States Court of Appeals for the District of Co5 lumbia. The filing of a petition for review shall 

6 not postpone the effectiveness of such rule or ac7 tion. 

8 (B) TIMELY FILING.—Any petition for re9 view under this paragraph shall be filed within 

10 sixty days from the date notice of such promul11 gation, approval, or action appears in the Fed12 eral Register. 

13 (C) NOT SUBJECT TO REVIEW.—Action of 

14 the Secretary with respect to which review could 

15 have been obtained under this paragraph shall 

16 not be subject to judicial review in civil or 

17 criminal proceedings for enforcement. Failure to 

18 promulgate any standard pursuant to the sched19 ule established by this section shall be subject to 

20 review. 

21 SEC. 4. IMPLEMENTATION AND ENFORCEMENT. 

22 (a) IN GENERAL.—Except as otherwise provided by 

23 this section— 

24 (1) a worker heat protection standard shall have 

25 the same legal effect as an occupational safety and 


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1 health standard as defined by section 3(8) of the Oc2 cupational Safety and Health Act of 1970 (29 U.S.C. 

3 652(8)); and 

4 (2) any rule, regulation, or order promulgated 

5 pursuant to this Act shall have the same legal effect 

6 as a rule, regulation, or order promulgated pursuant 

7 to the Occupational Safety and Health Act of 1970 

8 (29 U.S.C. 651 et seq.). 

9 (b) ENFORCEMENT.— 

10 (1) STATUTE OF LIMITATIONS FOR CITATION.— 

11 No citation for any violation of section 2 or any 

12 standard, rule, regulation, or order pursuant to this 

13 Act may be issued under this section after the expira14 tion of four years following the occurrence of any vio15 lation. 

16 (2) REVIEW.—The Commission shall grant sub17 stantial deference to any reasonable interpretation by 

18 the Secretary of this Act or any standard, regulation, 

19 or order pursuant to this Act. 

20 (c) RECORDKEEPING AND REPORTING.— 

21 (1) IN GENERAL.—With regard to recordkeeping 

22 and reporting, the Secretary and Secretary of Health 

23 and Human Services shall have the same authority to 

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1 tion 8 of the Occupational Safety and Health Act (29 

2 U.S.C. 657). 

3 (2) CONSOLIDATING REQUIREMENTS.—The Sec4 retary may incorporate recordkeeping and reporting 

5 requirements under this section into existing record6 keeping and reporting requirements promulgated pur7 suant to section 8 of the Occupational Safety and 

8 Health Act (29 U.S.C. 657), provided that a violation 

9 of such a requirement with regard to implementation 

10 of this Act shall be enforced as a distinct violation 

11 separate and apart from any other simultaneous vio12 lation of a requirement pursuant to the Occupational 

13 Safety and Health Act. 

14 (d) WHISTLEBLOWER PROTECTIONS.— 

15 (1) COMPLAINT.—Any employee who believes 

16 that such employee has been discharged or otherwise 

17 discriminated against by any person in violation of 

18 section 11(c)(1) of the Occupational Safety and 

19 Health Act (29 U.S.C. 660(c)(1)) with regard to any 

20 matter under or related to this Act may, within 180 

21 days after such violation occurs, file a complaint with 

22 the Secretary following the procedures in paragraph 

23 (2) of such section alleging such discrimination. 

24 (2) ACTION.—If the Secretary fails to notify the 

25 complainant of the Secretary’s determination on the 


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1 complaint within 90 days pursuant to section 

2 11(c)(3) of the Occupational Safety and Health Act 

3 (29 U.S.C. 660(c)(3)) or determines not to bring an 

4 action pursuant to paragraph (2) of such section, 

5 such employee may bring an action in any appro6 priate United States district court against such per7 son for all appropriate relief in accordance with 

8 paragraph (2) of such section as well as reasonable 

9 attorney’s fees and costs. 

10 SEC. 5. GENERAL PROVISIONS. 

11 (a) SEVERABILITY.—If any provision of this Act is 

12 held invalid, the remainder of this Act shall not be affected 

13 thereby. If the application of any provision of this Act to 

14 any person or circumstance is held invalid, the application 

15 of such provision to other persons or circumstances shall 

16 not be affected thereby. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated from sums not otherwise ap19 propriated, for each fiscal year, such sums as may be nec20 essary to carry out this Act. 

21 SEC. 6. AGENDA FOR FURTHER REVIEW AND ACTION. 

22 The Secretary shall update the National Agricultural 

23 Workers Survey with such questions that, in the Secretary’s 

24 judgment, are useful to identify the incidence and preva25 lence of heat-related illness and injury and assess the imVerDate Sep 11 2014 20:21 Nov 07, 2022 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H2193.RH H2193

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1 pact of standards and enforcement pursuant to this Act. 

2 Within one year of the date of enactment of this Act, the 

3 Secretary shall submit to the Committee on Education and 

4 Labor of the House of Representatives and the Committee 

5 on Health, Education, Labor, and Pensions of the Senate 

6 a report on the Secretary’s implementation of this sub7 section. 

8 SEC. 7. DEFINITIONS. 

9 For purposes of this Act: 

10 (1) The term ‘‘Commission’’ means the Occupa11 tional Safety and Health Review Commission. 

12 (2) The term ‘‘employee’’ has the same meaning 

13 as in section 3(6) of the Occupational Safety and 

14 Health Act of 1970 (29 U.S.C. 652(6)). 

15 (3) The term ‘‘employer’’ has the same meaning 

16 as in section 3(5) of the Occupational Safety and 

17 Health Act of 1970 (29 U.S.C. 652(5)). 

18 (4) The term ‘‘heat stress’’ means the load of heat 

19 that a person experiences due to— 

20 (A) sources of heat or heat retention (in21 cluding the combined contributions of metabolic 

22 heat, environmental factors, and clothing or per23 sonal protective equipment); or 

24 (B) the presence of heat in a work setting. 


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1 (5) The term ‘‘heat-related illness’’ means a ma2 terial impairment of health that occurs due to heat 

3 stress. 

4 (6) The term ‘‘heat-related injury’’ means an in5 jury caused by exposure to heat or sources of heat or 

6 occurring as a result of heat stress. 

7 (7) The term ‘‘Institute’’ means the National In8 stitute for Occupational Safety and Health. 

9 (8) The term ‘‘Secretary’’ means the Secretary of 

10 Labor. 

11 (9) The term ‘‘worker heat protection standard’’ 

12 means a standard that regulates employee exposure to 

13 heat stress and prevents heat-related illness and in14 jury by requiring conditions or the adoption or use 

15 of one or more practices, means, methods, operations, 

16 or processes reasonably necessary or appropriate to 

17 provide employment and places of employment that 

18 are safe or healthful. 


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Union Calendar No. 393 

117TH CONGRESS 

2D SESSION H. R. 2193 

[Report No. 117–547] 

A BILL 

To direct the Occupational Safety and Health Adlated injuries and illnesses. health standard to protect workers from heat-re- ministration to issue an occupational safety and 

NOVEMBER 7, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS