I 
116TH CONGRESS 
1ST SESSION H. R. 3668 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2019 
Ms. JUDY CHU of California (for herself, Mr. SCOTT of Virginia, Ms. ADAMS, 
Mr. GRIJALVA, Mr. LEVIN of Michigan, Ms. JAYAPAL, Ms. WILD, Ms. 
BONAMICI, Ms. OMAR, Mr. MCGOVERN, Mr. TAKANO, Mr. DESAULNIER, 
Mr. DANNY K. DAVIS of Illinois, Ms. NORTON, Mr. COHEN, Mrs. WAT-
SON COLEMAN, Ms. ROYBAL-ALLARD, Mr. CA´RDENAS, Mr. SABLAN, Mrs. 
NAPOLITANO, Ms. VELA´ZQUEZ, and Ms. MENG) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Asuncion Valdivia Heat Illness and Fatality Prevention 
Act of 2019’’. 
(b) FINDINGS.—Congress finds the following: 
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(1) Excessive heat exposure poses a direct 
threat to workers and the economy. Climate change 
increases this danger, as 18 of the 19 hottest years 
on record have occurred since 2001. Rising tempera-
tures are projected to cause an increase in heat-re-
lated workplace injuries and illnesses, a dramatic 
loss in labor capacity, and decreased productivity. 
(2) Heat-related illnesses can arise when high 
temperatures rise above the body’s capacity to dispel 
heat. Impacts range from comparatively minor prob-
lems such as heat cramps to severe afflictions such 
as organ damage, heat exhaustion, stroke, and 
death. 
(3) Farmworkers and construction workers suf-
fer the highest incidence of heat illness, but all out-
door and indoor workers employed in excessively hot 
and humid environments are at significant risk of 
material impairment of health or functional capacity. 
(4) Asuncion Valdivia was a California farm-
worker who died of heat stroke in 2004 after picking 
grapes for 10 straight hours in 105 degree tempera-
tures. Instead of calling an ambulance, his employer 
told his son to drive Mr. Valdivia home. On his way 
home, he started foaming at the mouth and died. 
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(5) People working in excessive heat suffer di-
minished mental acuity and physical ability, which 
increases the risk of accidents. Heat-related injuries 
and illnesses increase workers’ compensation costs 
and medical expenses. 
(6) The costs of lower labor productivity under 
rising temperatures is estimated to reach up to 
$160,000,000,000 in lost wages per year in the 
United States by 2090 according to the 2018 Na-
tional Climate Assessment. The drop in productivity 
decreases income for employers and workers. Global 
gross domestic product losses from heat are pro-
jected to be greater than 20 percent by the end of 
this century. 
(7) Every year, thousands of workers become 
sick and some die from exposure to heat. Between 
1992 and 2017, 815 United States workers died 
from heat and almost 70,000 were seriously injured. 
These numbers are generally understood to be gross 
undercounts because many heat-related illnesses and 
deaths are blamed on natural causes. 
(8) Workers have a legal right to a safe work-
place. The vast majority of heat-related workplace 
deaths and illnesses can be prevented by access to 
water, rest, and shade. Many employers don’t pro-
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vide these simple measures for workers according to 
the Occupational Safety and Health Administration. 
(9) Employers often retaliate against employees 
if they report or seek assistance due to problems 
with heat. Many employees are therefore afraid to 
report problems and face increased risk of heat-re-
lated illnesses or death. 
(10) In the absence of a Federal standard, mul-
tiple branches of the United States Armed Forces— 
including the Army, Navy, Marine Corps, and Air 
Force—have issued heat prevention guidelines, and 
several States—California, Washington, and Min-
nesota—have issued heat prevention standards. The 
National Institute for Occupational Safety and 
Health (NIOSH) issued criteria for such a standard 
in 1972, updating it in 1986 and 2016. 
(11) Congress created the Occupational Safety 
and Health Administration to ensure safe and 
healthful working conditions by setting and enforc-
ing standards pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970. Employees 
are exposed to grave danger from exposure to exces-
sive heat. The Occupational Safety and Health Ad-
ministration must develop a standard to protect 
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(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 occupational 
exposure to excessive heat 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 ex-
cessive heat prevention plan to protect covered 
employees from excessive heat that may lead to 
heat-related injuries and illnesses; and 
(B) that shall, at a minimum— 
(i) provide no less protection than the 
most protective heat prevention 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); 
(ii) establish requirements with re-
spect to exposure limits that trigger action 
to protect covered employees from heat-re-
lated illness, hydration, scheduled and paid 
rest breaks in shaded or climate-controlled 
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spaces, an acclimatization plan, exposure 
monitoring, and other measures to prevent 
exposure to heat above safe limits, em-
ployee and supervisor training, hazard no-
tification, an emergency medical response 
plan, 
heat-related 
surveillance, 
record-
keeping, and procedures for compensating 
piece rate workers for required heat-related 
rest breaks; 
(iii) 
take 
into 
consideration 
the 
NIOSH Criteria for a Recommended 
Standard: Occupational Exposure to Heat 
and Hot Environments published by the 
National Institute for Occupational Safety 
and Health in 2016; and 
(iv) 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: 
(A) The requirements applicable to occupa-
tional safety and health standards under section 
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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, and chapter 55 of title 42, United 
States Code. 
(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 
(C) be in effect until the final standard de-
scribed in subsection (b) becomes effective and 
enforceable. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(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 excessive heat. 
(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) EXCESSIVE
HEAT.—The term ‘‘excessive 
heat’’ includes outdoor or indoor exposure to heat at 
levels that exceed the capacities of the body to main-
tain normal body functions and may cause heat-re-
lated injury, illness, or fatality (including heat 
stroke, heat exhaustion, heat syncope, heat cramps, 
or heat rashes). 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 4. REQUIREMENTS FOR FINAL STANDARD ON PRE-
VENTION OF OCCUPATIONAL EXPOSURE TO 
EXCESSIVE HEAT. 
(a) IN GENERAL.—The final standard promulgated 
under section 2(b) shall, at a minimum— 
(1) take into consideration the NIOSH Criteria 
for a Recommended Standard: Occupational Expo-
sure to Heat and Hot Environments published by 
the National Institute for Occupational Safety and 
Health in 2016; 
(2) establish requirements with respect to expo-
sure limits that trigger action to protect covered em-
ployees from heat-related illness, hydration, sched-
uled and paid rest breaks in shaded or climate-con-
trolled spaces, an acclimatization plan, exposure 
monitoring, and other measures to prevent exposure 
to heat above safe limits, employee and supervisor 
training, hazard notification, medical monitoring, an 
emergency medical response plan, heat-related sur-
veillance recordkeeping, procedures for compensating 
piece rate workers for required heat-related rest 
breaks, and a heat prevention plan; and 
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(3) include the requirements described in sub-
section (b). 
(b) REQUIREMENTS.—The final standard promul-
gated under section 2(b) shall include the following: 
(1) HEAT ILLNESS PREVENTION PLANS.— 
(A) IN
GENERAL.—A covered employer 
shall develop, implement, and maintain an ef-
fective, written excessive heat illness prevention 
plan for covered employees, which shall— 
(i) be developed and implemented with 
the meaningful participation of covered 
employees and, where applicable, employee 
representatives and collective bargaining 
representatives, for all aspects of the plan; 
(ii) be tailored and specific to hazards 
in the covered workplace; 
(iii) be in writing, in English and in 
the language understood by a majority of 
the employees, if such language is not 
English; and 
(iv) made available, upon request, to 
such employees, the employee representa-
tives for such employees, and the Sec-
retary. 
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(B) PLAN CONTENT.—Each plan shall in-
clude procedures and methods for the following: 
(i) Initial and regular monitoring of 
employee exposure to determine whether 
employees are exposed to excessive heat. 
(ii) Provision of water, paid rest 
breaks, and access to shade or cool-down 
areas. 
(iii) Emergency response. 
(iv) Acclimatization. 
(v) Hazard prevention, including engi-
neering controls, administrative controls, 
or personal protective equipment to cor-
rect, in a timely manner, applying indus-
trial hygiene principles of the hierarchy of 
controls, including, as appropriate— 
(I) engineering controls that may 
include isolation of hot processes, iso-
lation of employees from sources of 
heat, local exhaust ventilation, shield-
ing from a radiant heat source, and 
insulation of hot surfaces, the provi-
sion of air conditioning, cooling fans, 
cooling mist fans, evaporative coolers, 
and natural ventilation; 
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(II) administrative controls that 
limit exposure to a hazard by adjust-
ment of work procedures or work 
schedules, which may include accli-
matizing employees, rotating employ-
ees, scheduling work earlier or later in 
the day, using work-rest schedules, re-
ducing work intensity or speed, chang-
ing required work clothing, and using 
relief workers; and 
(III) personal protective equip-
ment which may include water-cooled 
garments, air-cooled garments, reflec-
tive clothing, and cooling vests. 
(vi) Coordination of risk assessment 
efforts, plan development, and implementa-
tion of the plan with other employers who 
have employees who work at the covered 
workplace. 
(vii) Compensating piece rate workers 
for required heat-related rest breaks. 
(2) TRAINING AND EDUCATION.— 
(A) EMPLOYEE TRAINING.—A covered em-
ployer shall provide annual training and edu-
cation to covered employees who may be ex-
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posed to high heat levels, which shall cover the 
following topics: 
(i) Identified heat illness risk factors. 
(ii) Personal factors that may increase 
susceptibility to heat-related illness. 
(iii) Signs and symptoms of heat-re-
lated illness. 
(iv) Different types of heat illness. 
(v) The importance of acclimatization 
and consumption of liquids. 
(vi) Engineering control measures. 
(vii) Administrative control measures. 
(viii) The importance of reporting 
heat-related symptoms being experienced 
by the employee or another employee. 
(ix) Recordkeeping requirements and 
reporting procedures. 
(x) Emergency response procedures. 
(xi) Employee rights. 
(B) SUPERVISOR
TRAINING.—In addition 
to the training and education required in sub-
paragraph (A), training and education shall be 
provided to covered employees who are super-
visors that shall cover the following topics: 
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(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. 
(iii) The procedures to follow when an 
employee exhibits signs or reports symp-
toms consistent with possible heat illness, 
including emergency response procedures. 
(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 subpara-
graph (A) and, if applicable 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 in-person and by an individual 
with knowledge of heat illness 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. 
(3) RECORDKEEPING.—Each covered employer 
shall— 
(A) maintain at all times— 
(i) records related to each plan of the 
employer, including heat illness risk and 
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hazard assessments, and identification, 
evaluation, correction, and training proce-
dures; 
(ii) data on all heat-related illnesses 
and deaths; and 
(iii) data on environmental and phys-
iological measurements related to heat; and 
(B) 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). 
(4) 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 
(ii) reporting violations of the stand-
ard to any local, State, or Federal govern-
ment. 
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