I 
117TH CONGRESS 
2D SESSION 
H. R. 8818 
To direct the Occupational Safety and Health Administration to issue an 
occupational safety and health standard to protect workers from wind- 
related injuries. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2022 
Ms. BUSH (for herself, Mr. GREEN of Texas, Ms. NORTON, Ms. CLARKE of 
New York, Mr. BOWMAN, Mr. CARSON, Mr. GRIJALVA, Ms. LEE of Cali-
fornia, and Mr. BLUMENAUER) 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 wind-related injuries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wind Safety Standard 
Act of 2022’’. 
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SEC. 2. OSHA SAFETY STANDARD FOR PROTECTION FROM 
HIGH WINDS. 
(a) PROPOSED STANDARD.—Not later than 2 years 
after the date of enactment of this Act, the Secretary of 
Labor shall, pursuant to section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)), pro-
mulgate a proposed standard on prevention of workplace 
injury from high winds. 
(b) FINAL STANDARD.—Not later than 42 months 
after the date of enactment of this Act, the Secretary shall 
promulgate a final standard on prevention of workplace 
injury from high winds that shall— 
(1) provide no less protection than the most 
protective wind protection standard adopted by a 
State plan that has been approved by the Secretary 
under section 18 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 667) and, at a min-
imum, include the requirements described in section 
4; and 
(2) be effective and enforceable in the same 
manner and to the same extent as any standard pro-
mulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) INTERIM FINAL STANDARD.— 
(1) IN GENERAL.—If the proposed standard de-
scribed in subsection (a) is not promulgated not 
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later than 2 years after the date of enactment of 
this Act, the Secretary of Labor shall promulgate an 
interim final standard on prevention of workplace in-
jury from high winds not later than 2 years and 60 
days after such date of enactment— 
(A) to require covered employers to develop 
and implement a comprehensive workplace wind 
protection plan to protect covered employees 
from excessive winds that may lead to wind-re-
lated workplace injuries; and 
(B) that shall, at a minimum— 
(i) provide no less protection than the 
most protective wind protection standard 
adopted by a State plan that has been ap-
proved by the Secretary under section 18 
of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 667); and 
(ii) include a requirement to protect 
employees from discrimination or retalia-
tion for exercising the rights of the em-
ployees under the interim final standard. 
(2) APPLICABILITY OF OTHER STATUTORY RE-
QUIREMENTS.—The following shall not apply to the 
promulgation of the interim final standard under 
this subsection: 
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(A) The requirements applicable to occupa-
tional safety and health standards under section 
6(b) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 655(b)). 
(B) The requirements of section 553(c) of 
chapter 5 and chapter 6 of title 5, United 
States Code. 
(C) The requirements of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(3) EFFECTIVE
DATE
OF
INTERIM
STAND-
ARD.—The interim final standard shall— 
(A) take effect on a date that is not later 
than 30 days after the promulgation of such 
standard, except that such interim final stand-
ard may include a reasonable phase-in period 
for the implementation of required engineering 
controls that take effect after such date; 
(B) be enforced in the same manner and 
to the same extent as any standard promul-
gated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
655(b)); and 
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(C) be in effect until the final standard de-
scribed in subsection (b) becomes effective and 
enforceable. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ includes an individual employed by a cov-
ered employer. 
(2) COVERED EMPLOYER.—The term ‘‘covered 
employer’’— 
(A) means an employer that employs an 
individual to work at a covered workplace; and 
(B) includes a contractor, subcontractor, a 
temporary service firm, or an employee leasing 
entity. 
(3) COVERED WORKPLACE.—The term ‘‘covered 
workplace’’ includes a workplace with occupational 
exposure to high winds, including— 
(A) any workplace in which covered em-
ployees perform services for a covered employer 
outdoors during high winds; and 
(B) any workplace in which covered em-
ployees perform services for a covered employer 
indoors in any case in which such covered em-
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ployees may be at risk during an extreme 
weather event involving high winds. 
(4) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term in section 3 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
652). 
(5) HIGH
WINDS.—The term ‘‘high winds’’ 
means winds of such velocity that one or more of the 
following hazards would be present: 
(A) The winds could blow an employee 
from an elevated location. 
(B) The winds could cause an employee or 
equipment handling material to lose control of 
the material. 
(C) The winds would expose an employee 
to other hazards not controlled by the standard 
involved. 
Winds exceeding 64.4 kilometers per hour (40 miles 
per hour), or 48.3 kilometers per hour (30 miles per 
hour) if the work involves material handling, shall be 
presumed to be of such velocity unless the employer 
takes precautions to protect employees from the haz-
ardous effects of the winds. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
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SEC. 4. REQUIREMENTS FOR FINAL STANDARD ON PRE-
VENTION OF OCCUPATIONAL EXPOSURE TO 
HIGH WINDS. 
(a) IN GENERAL.—The final standard promulgated 
under section 2(b) shall, at a minimum, include the re-
quirements described in subsection (b) with respect to cov-
ered employers. 
(b) REQUIREMENTS.—The final standard promul-
gated under section 2(b) shall, with respect to covered em-
ployers, include the following: 
(1) MONITORING
OF
WIND
CONDITIONS.—A 
covered employer shall monitor wind conditions 
using data from the National Weather Service. 
(2) EMPLOYEES WORKING OUTDOORS DURING 
HIGH
WINDS.—With respect to each covered em-
ployee who performs services for a covered employer 
outdoors during high winds— 
(A) such employee shall receive training in 
work with high winds, including training relat-
ing to— 
(i) the impact on work at heights; 
(ii) the impact of wind on certain 
equipment such as lifts, cranes, scaf-
folding, ladders, and mobile elevated work 
platforms; 
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(iii) the risk of foreign object debris; 
and 
(iv) the impact of wind on exposed 
skin and the risk of wind burn; 
(B) such employee shall not be required to 
work in high winds without a safety harness 
system, tie-off restraints, or other appropriate 
safety equipment; 
(C) such employee shall not be required to 
use any equipment that is not rated for the 
level of high winds in which the employee is re-
quested to work; 
(D)(i) such employee shall have the right 
to refuse to work in high winds and be assigned 
alternate work without penalty in any case in 
which the employee determines that high wind 
safety procedures are inadequate to mitigate 
the risk of such work; and 
(ii) in any such case, the employer shall 
conduct a hazard assessment and immediately 
investigate and correct any identified hazards 
and implement any control measures as nec-
essary to adequately mitigate such risks; 
(E) such employee— 
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(i) shall be instructed on how to prop-
erly secure all tools and any other object 
that could act as foreign object debris; 
(ii) may not be required to work in 
high winds if all such objects cannot be se-
cured; and 
(iii) shall be provided with proper per-
sonal protective equipment including eye 
protection while working in high winds; 
and 
(F) such employee— 
(i) shall receive training on wind burn 
prevention, identification, and treatment; 
and 
(ii) shall be provided by the employer 
with personal protective equipment at no 
cost to the employee to prevent wind burn, 
except to the extent such equipment would 
result in a net increase of hazards to the 
employee. 
(3) EMPLOYEES WORKING INDOORS AND OUT-
DOORS
DURING
EXTREME
WEATHER
EVENTS
IN-
VOLVING HIGH WINDS.—With respect to each cov-
ered employee who performs services for a covered 
employer indoors or outdoors in any case in which 
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such covered employee may be at risk during an ex-
treme weather event involving high winds, the cov-
ered employer shall— 
(A) develop, implement, and maintain a 
wind emergency plan for each such employee, 
similar to an emergency action plan described 
under section 1910.38 of title 29, Code of Fed-
eral Regulations, which shall include— 
(i) an evacuation plan which details 
employer and employee responsibilities; 
(ii) a shelter in place plan, including 
a plan for mobile workforce and employees 
at remote or satellite locations; 
(iii) specific plans for extreme weather 
events such as tornadoes and hurricanes 
that include a trigger to activate such 
plans and appropriate training and drills; 
(iv) specific plans for high-risk build-
ings and mobile worksites (such as vehicles 
or trailers), to be updated as needed upon 
remodeling; and 
(v) job protections for employees who 
evacuate due to unsafe conditions; 
(B) conduct a hazard assessment to iden-
tify unsafe working conditions or hazardous 
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equipment that can be impacted when extreme 
weather advisories are issued; and 
(C) ensure that emergency shelters are de-
signed and built to industry best practices for 
performance criteria like Safe Rooms for Tor-
nadoes and Hurricanes (FEMA P–361) or ICC/ 
NSSA Standard for the Design and Construc-
tion of Storm Shelters (ICC–500). 
(4) TRAINING AND EDUCATION.— 
(A) EMPLOYEE TRAINING.—A covered em-
ployer shall provide annual training and edu-
cation to covered employees who may be ex-
posed to high winds, which shall cover the fol-
lowing topics: 
(i) Personal factors that may increase 
susceptibility to high winds. 
(ii) Signs and symptoms of wind-re-
lated injury. 
(iii) Engineering control measures. 
(iv) Administrative control measures. 
(v) Emergency response procedures. 
(vi) Employee rights. 
(B) SUPERVISOR
TRAINING.—In addition 
to the training and education required in sub-
paragraph (A), training and education shall be 
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provided annually to covered employees who are 
supervisors that shall cover the following topics: 
(i) The procedures a supervisor is re-
quired to follow under this Act. 
(ii) How to recognize high-risk situa-
tions, including how to monitor weather re-
ports and weather advisories, and not as-
signing an employee to situations that pre-
dictably compromise the safety of the em-
ployee. 
(C) 
GENERAL
TRAINING
REQUIRE-
MENTS.—The education and training provided 
under this paragraph to covered employees shall 
meet the following: 
(i) In the case of such an employee 
whose job circumstances have changed, 
within a reasonable timeframe after such 
change of job circumstances, education and 
training shall be provided that shall be— 
(I) in addition to the education 
and training provided under clause 
(ii), subparagraph (A), and, if applica-
ble to such employee, subparagraph 
(B); and 
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(II) applicable to such change of 
job circumstances. 
(ii) Applicable education and training 
shall be provided for each new covered em-
ployee prior to the employee’s job assign-
ment. 
(iii) The education and training shall 
provide such employees opportunities to 
ask questions, give feedback, and request 
additional 
instruction, 
clarification, 
or 
other follow-up. 
(iv) The education and training shall 
be provided by an individual with knowl-
edge of wind injury prevention and of the 
plan of the employer under this section. 
(v) The education and training shall 
be appropriate in content and vocabulary 
to the language, educational level, and lit-
eracy of such covered employees. 
(5) RECORDKEEPING.—Each covered employer 
shall— 
(A) comply with all requirements under the 
Occupational Safety and Health Act of 1970 re-
lating to the reporting of wind-related injuries; 
(B) maintain at all times— 
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(i) records related to each plan of the 
employer under paragraph (1), including 
high wind risk and hazard assessments, 
and identification, evaluation, correction, 
and training procedures; 
(ii) data on all wind-related injuries 
and deaths; and 
(iii) data on environmental and phys-
iological measurements related to high 
winds; and 
(C) make such records and data available, 
upon request, to covered employees and their 
representatives for examination and copying in 
accordance with section 1910.1020 of title 29, 
Code of Federal Regulations (as such section is 
in effect on the date of enactment of this Act). 
(6) WHISTLEBLOWER PROTECTIONS.— 
(A) POLICY.—Each covered employer shall 
adopt a policy prohibiting any person (including 
an agent of the employer) from discriminating 
or retaliating against any employee for— 
(i) exercising the rights of the em-
ployee under this Act; or 
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(ii) reporting violations of the stand-
ard to any local, State, or Federal govern-
ment. 
(B) PROHIBITION.—No covered employer 
shall discriminate or retaliate against any em-
ployee for— 
(i) reporting a high wind-related con-
cern to, or seeking assistance or interven-
tion with respect to high wind-related 
health symptoms from, the employer, local 
emergency services, or a local, State, or 
Federal government; or 
(ii) exercising any other rights of the 
employee under this Act. 
(C) ENFORCEMENT.—This paragraph shall 
be enforced in the same manner and to the 
same extent as any standard promulgated 
under section 6(b) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 655(b)). 
Æ 
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