ees, which shall include procedures that inform such 
employees of the following: 
(A) Each time during the workday when 
adverse air affects the workplace of such em-
ployees. 
(B) The protective controls described in 
paragraph (3) available to employees to reduce 
exposure to adverse air. 
(C) The potential health impacts of breath-
ing adverse air without proper protection. 
(D) The policy of the employer that em-
ployees are encouraged to report to the em-
ployer, without fear of discrimination or retalia-
tion— 
(i) the presence of adverse air in the 
workplace; and 
(ii) adverse symptoms, including asth-
ma attacks, difficulty breathing, or chest 
pain, that the employee is at risk of experi-
encing if exposed to adverse air. 
(3) PROTECTIVE
CONTROLS.—Each covered 
employer shall provide the following at each covered 
workplace of the employer: 
(A) ENGINEERING CONTROLS.— 
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(i) IN
GENERAL.—Reduction of em-
ployee exposure to adverse air by engineer-
ing controls whenever feasible, such as by 
providing enclosed buildings, structures, or 
vehicles where the air is filtered to prevent 
exposure to adverse air within such build-
ings, structures, or vehicles. 
(ii) INSUFFICIENT ENGINEERING CON-
TROLS.—If engineering controls are insuf-
ficient to prevent exposure to adverse air, 
reduction of employee exposure to such air 
to the extent feasible. 
(B) ADMINISTRATIVE
CONTROLS.—When-
ever engineering controls are not feasible or do 
not reduce employee exposures to adverse air, 
implementation, if feasible, of administrative 
controls, such as relocating work to a location 
where adverse air is not present, allowing re-
mote work, changing work schedules, reducing 
work intensity, or providing additional rest peri-
ods. 
(C) 
PERSONAL
PROTECTIVE
EQUIP-
MENT.— 
(i) IN GENERAL.—Whenever adverse 
air is present, the provision of a sufficient 
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number of respirators that meet the re-
quirements of clause (ii) to all covered em-
ployees for voluntary use and encourage-
ment to employees to use such respirators. 
(ii) RESPIRATORS PROVIDED.—A res-
pirator provided under clause (i) shall be— 
(I) a device approved by the Na-
tional Institute for Occupational Safe-
ty and Health that effectively protects 
the wearers from inhalation of PM2.5, 
such as N95 filtering facepiece res-
pirators; 
(II) cleaned or replaced as appro-
priate; and 
(III) stored and maintained in 
such a way so that such respirators do 
not present a health hazard to users. 
SEC. 5. ADVERSE AIR RELATED LEAVE. 
(a) IN GENERAL.—In the case of an employee whose 
health would be jeopardized by exposure to adverse air, 
such employee shall be entitled to a total of 12 weeks of 
unpaid leave per 12-month period for the purposes of 
avoiding such exposure at a covered workplace where the 
employee is employed. 
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(b) SUBSTITUTION OF PAID LEAVE.—An employee 
may elect to substitute any of the accrued paid vacation 
leave, personal leave, or family leave of the employee for 
leave provided under subsection (a) for any part of the 
12-week period of such leave under such subsection. 
(c) EMPLOYMENT PROTECTION DURING ADVERSE 
AIR RELATED LEAVE.— 
(1) IN GENERAL.—Any eligible employee who 
uses leave under subsection (a) for the intended pur-
pose of such leave shall be entitled, on return from 
using such leave— 
(A) to be restored by the employer to the 
position of employment held by the employee 
when the use of such leave commenced; or 
(B) to be restored to an equivalent position 
with equivalent employment benefits, pay, and 
other terms and conditions of employment. 
(2) LOSS OF BENEFITS.—The use of such leave 
shall not result in the loss of any employment ben-
efit accrued prior to the date on which the use of 
leave under subsection (a) commenced. 
(3) LIMITATIONS.—Nothing in this section shall 
be construed to entitle any restored employee to— 
(A) the accrual of any seniority or employ-
ment benefits during any period during which 
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such restored employee uses leave under sub-
section (a); or 
(B) any right, benefit, or position of em-
ployment other than any right, benefit, or posi-
tion to which the employee would have been en-
titled had the employee not used such leave. 
(4) CONSTRUCTION.—Nothing in this section 
shall be construed to prohibit an employer from re-
quiring an employee to report periodically to the em-
ployer on the status and intention of the employee 
to return to work. 
(d) CERTIFICATION.— 
(1) IN
GENERAL.—An employer may require 
that a request for leave under subsection (a) be sup-
ported by a certification issued by the health care 
provider of the eligible employee. The employee shall 
provide, in a timely manner, a copy of such certifi-
cation to the employer. 
(2) SUFFICIENT CERTIFICATION.—Certification 
provided under paragraph (1) shall be sufficient if it 
states— 
(A) the appropriate medical facts within 
the knowledge of the health care provider re-
garding the condition; and 
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(B) a statement that the health of the em-
ployee would be endangered by exposure to un-
safe air. 
(3) SUBSEQUENT RECERTIFICATION.—The em-
ployer may require that the eligible employee obtain 
subsequent recertifications on a reasonable basis. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) ADVERSE
AIR.—The term ‘‘adverse air’’ 
means air with an AQI of at least 151 for PM2.5. 
(2) AQI.—The term ‘‘AQI’’ means the measure 
of the concentration of ozone, particulate matter, 
carbon monoxide, sulfur dioxide, and nitrogen diox-
ide in the air described under Appendix G to part 
58 of title 40, Code of Federal Regulations. 
(3) COVERED EMPLOYEE.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployee’’ means an employee of a covered em-
ployer who works at a covered workplace, ex-
cept as provided in subparagraph (B). 
(B) EXCLUSION.—The term ‘‘covered em-
ployee’’ does not include an employee who 
works in emergency operations that are directly 
involved in the protection of life or property, or 
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the restoration of essential services and critical 
infrastructure. 
(4) COVERED EMPLOYER.—The term ‘‘covered 
employer’’ means any employer that employs an em-
ployee at a covered workplace. 
(5) COVERED WORKPLACE.— 
(A) IN
GENERAL.—The term ‘‘covered 
workplace’’ means a workplace at which em-
ployees are, or may reasonably be expected to 
be, exposed to adverse air. 
(B) EXCLUSIONS.—The following shall not 
be considered a covered workplace: 
(i) An enclosed building or structure 
in which the air is filtered by a mechanical 
ventilation system such that an employee is 
not exposed to adverse air, if the employer 
ensures that windows, doors, bays, and 
other openings are kept closed, except 
when it is necessary to open doors to enter 
or exit. 
(ii) An enclosed vehicle in which the 
air is filtered by a cabin air filter such that 
an individual inside such vehicle is not ex-
posed to adverse air, if the employer en-
sures that windows, doors, and other open-
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ings are kept closed, except when it is nec-
essary to open doors to enter or exit the 
vehicle. 
(iii) A workplace that exposes individ-
uals to adverse air for a period not to ex-
ceed 1 hour during a shift. 
(6) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given such term in section 3 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
652). 
Æ 
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