I 
118TH CONGRESS 
1ST SESSION H. R. 6221 
To direct the Secretary of Labor to promulgate an occupational safety and 
health standard to protect workers from adverse air, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2023 
Ms. LEE of California (for herself, Mr. GRIJALVA, Mr. DESAULNIER, Ms. 
CROCKETT, Ms. NORTON, Mr. CARSON, Ms. SCHAKOWSKY, Ms. OCASIO- 
CORTEZ, Mr. SCHIFF, Ms. TLAIB, Mr. ESPAILLAT, and Mr. HUFFMAN) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To direct the Secretary of Labor to promulgate an occupa-
tional safety and health standard to protect workers from 
adverse air, and for other purposes. 
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 ‘‘Smoke Mitigation and 
Occupational Key Enhancements Act’’ or ‘‘SMOKE Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Climate change is making wildland fires 
more frequent and longer lasting. 
(2) Wildfire smoke is a mixture of air pollut-
ants, of which the principal public health threat is 
particulate matter. 
(3) Wildfire smoke has been directly linked to 
poor air quality that can lead to significant health 
effects and costs to society (such as emergency de-
partment visits, hospital admissions, and deaths, 
often due to respiratory ailments). 
(4) In addition to climate change, other fac-
tors—land use, large-scale insect infestation, fuel 
availability (including invasive species such as highly 
flammable cheatgrass), and management practices, 
including fire suppression—play an important role 
in wildfire frequency and intensity. 
(5) In summer 2023, smoke from wildfires in 
Canada drifted into the United States, leading to ex-
tremely poor air quality across the eastern United 
States. Since then, States across the country have 
issued poor air quality alerts, with New York City 
having reported the worst air quality in the world on 
June 7, 2023. Due to these fires, about 128 million 
Americans in 18 States were under air quality 
alerts. 
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(6) While officials have warned Americans to be 
mindful of poor air quality conditions, including to 
limit time spent outside, worker protections are un-
clear in these circumstances. 
SEC. 3. OSHA STANDARDS. 
(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)), in con-
sultation with the Administrator of the Environmental 
Protection Agency and the Secretary of Health and 
Human Services (acting through the Director of the Na-
tional Institute on Occupational Safety and Health), and 
in accordance with the best available evidence, promulgate 
a proposed standard on prevention of workplace injury 
from exposure to adverse air. 
(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 exposure to adverse air that shall— 
(1) presume as feasible any requirement that— 
(A) is substantially equivalent to a require-
ment adopted by a State plan that has been ap-
proved by the Secretary under section 18 of the 
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Occupational Safety and Health Act of 1970 
(29 U.S.C. 667); and 
(B) has been in effect for at least 1 year; 
(2) at a minimum, include the requirements de-
scribed in section 4; and 
(3) 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 
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 exposure to adverse air not later than 2 
years and 60 days after such date of enactment— 
(A) to require covered employers to mon-
itor the AQI for PM2.5 and, if adverse air is 
present, communicate the AQI for PM2.5 to the 
covered employees of such covered employers; 
and 
(B) that shall, at a minimum, include a re-
quirement to protect employees from discrimi-
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nation or retaliation for exercising the rights of 
the employees 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: 
(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; 
(B) have the same legal effect and be en-
forceable in the same manner and to the same 
extent as any standard promulgated under sec-
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tion 6(b) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 655(b)); and 
(C) be in effect until the final standard de-
scribed in subsection (b) becomes effective and 
enforceable. 
SEC. 4. REQUIREMENTS FOR FINAL STANDARDS. 
(a) IN GENERAL.—The final standard promulgated 
under section 3(b) shall include the following require-
ments: 
(1) CONTROLS
RELATED
TO
MONITORING.— 
Each covered employer shall, at the start of each 
work day or shift, and every 2 hours thereafter, de-
termine whether adverse air is present at each cov-
ered workplace for each such work day or shift by 
monitoring or obtaining the AQI for PM2.5 fore-
casts from— 
(A) the Environmental Protection Agency; 
(B) the Interagency Wildland Fire Air 
Quality Response Program; or 
(C) the United States Forest Service. 
(2) EMPLOYER COMMUNICATION OF POTENTIAL 
ADVERSE AIR EXPOSURES.—Each covered employer 
shall establish and implement a system to commu-
nicate the presence of adverse air in a language and 
manner readily understandable by covered employ-
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