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 heat- 
related 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. CAR-
SON, Mr. MRVAN, Mr. SAN NICOLAS, Ms. BARRAGA´N, Ms. ROYBAL- 
ALLARD, 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 GON-
ZALEZ of Texas, Mr. LARSEN of Washington, Mr. SUOZZI, Mrs. KIRK-
PATRICK, 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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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 ‘‘Asuncio´n Valdivia Heat 
Illness and Fatality Prevention Act of 2022’’. 
SEC. 2. EMPLOYER DUTIES. 
Each employer shall— 
(1) furnish employment and a place of employ-
ment free from conditions that may reasonably be an-
ticipated to cause death or serious physical harm 
from heat stress; and 
(2) comply with standards, regulations, rules, 
and orders promulgated under this Act. 
SEC. 3. WORKER HEAT PROTECTION STANDARDS. 
(a) DESIGN OF STANDARDS.— 
(1) IN GENERAL.—The Secretary shall promul-
gate a worker heat protection standard that, in ac-
cordance with the best available evidence, establishes 
the maximum protective program of measures an em-
ployer shall implement to regulate employees’ expo-
sure to heat stress and prevent heat-related illness and 
injury that attains the highest degree of health and 
safety protection to the extent feasible. 
(2) CONSIDERATIONS.— 
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(A) DEMONSTRABLY
ACHIEVABLE
MEAS-
URES.—The Secretary may presume that any re-
quirement substantially equivalent to a require-
ment adopted by a State plan approved by the 
Occupational Safety and Health Administration 
pursuant to section 18(c) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
667(c)) and that has been in effect for at least 
1 year is feasible. 
(B) PRIORITIZING WORKER PROTECTION.— 
In weighing any considerations during rule-
making, the Secretary shall place preeminent 
value on assuring employees a safe and healthful 
working environment. 
(C) AVAILABLE
EXPERTISE.—If the Sec-
retary adopts any finding or recommendation by 
the Institute, the American Conference of Gov-
ernmental Industrial Hygienists, or the National 
Academies of Sciences, Engineering, and Medi-
cine relevant to heat stress in a rulemaking pur-
suant to this Act, such finding or recommenda-
tion shall be considered the best available evi-
dence. 
(D) EMPLOYER
CATEGORIES.—The Sec-
retary may, in any rulemaking analysis or de-
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sign of standards, cluster relevant employers in 
any categories such as standard industry or oc-
cupational classifications or any common or re-
lated features of heat sources, conditions of em-
ployment, employer practices, employee charac-
teristics, or nature of place of employment that, 
in the Secretary’s reasonable determination, are 
useful for designing an effective and practicable 
program of standards, regulations, and enforce-
ment that maximizes the health and safety of 
employees. 
(3) PROTECTIVE PROGRAMS.— 
(A) IN GENERAL.—In addition to measures 
specified by this Act, the Secretary may develop 
a worker heat protection standard with such ad-
ditional requirements that, in the Secretary’s 
reasonable judgment, are necessary or appro-
priate to achieve the purposes of this Act. Such 
measures may include the following: 
(i) 
ENGINEERING
CONTROLS.—Re-
quirements to eliminate hazardous levels of 
heat stress through engineering controls, 
such as isolation or shielding of employees 
from sources of heat, exhaust ventilation, 
insulation of hot surfaces, or climate-control 
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technologies, as well as technology-based 
standards that encourage the development of 
such controls. 
(ii) ADMINISTRATIVE CONTROLS.—Re-
quirements to limit exposure to hazardous 
levels of heat stress by adjustment of work 
procedures, work schedules, or other work 
practices. 
(iii) PERSONAL
PROTECTIVE
EQUIP-
MENT.—Requirements to provide, at the em-
ployer’s expense, personal protective equip-
ment such as water-cooled garments, air- 
cooled garments, heat-reflective clothing, 
and cooling vests. 
(iv) HEALTH-RELATED PROTOCOLS.— 
Requirements to conduct medical symptom 
monitoring, emergency response protocols, 
medical removal protection, or training of 
employees and supervisors in recognition of 
symptoms of heat-related illness and appro-
priate responses. 
(v) TRAINING
REQUIREMENTS.—Re-
quirements to train employees and super-
visors in topics reasonable or necessary to 
achieve the implementation of the require-
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ments of a standard or the purposes of this 
Act, including— 
(I) training of employees in signs 
and symptoms of heat-related illness, 
emergency response procedures, and 
their rights under this Act; and 
(II) training of supervisors in 
monitoring heat conditions and envi-
ronmental forecasts, recognizing signs 
of heat-related illness, and protocols for 
responding to likely heat-related ill-
ness. 
(vi) PLANNING
REQUIREMENTS.—Re-
quirements for a heat illness and injury 
prevention plan that— 
(I) is of sufficient quality to effec-
tuate the purposes of this Act and to 
effectuate the requirements of the 
standard that apply to the employer; 
(II) is developed, updated, and 
implemented with the meaningful par-
ticipation of the employer’s employees 
and, where applicable, such employees’ 
representatives, for all aspects of the 
plan; 
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(III) is produced and maintained 
in writing and updated in light of 
changing conditions or practices; and 
(IV) is made available, upon re-
quest, to any employee, the employee’s 
representative, and the Secretary. 
(vii) STANDARD HEALTH AND SAFETY 
MEASURES.—Any measures described in 
section 6(B)(7) of the Occupational Safety 
and 
Health 
Act 
of 
1970 
(29 
USC 
655(B)(7)). 
(B) INNOVATIVE
SOLUTIONS.—As the rel-
evant scientific evidence develops, technological 
solutions improve, and environmental conditions 
or new work practices aggravate the risk of heat- 
related illness or injury, the Secretary may mod-
ify, supplement, or revise a worker heat protec-
tion standard by rule in order to improve such 
standard in light of such changes, even if it de-
parts from long-standing past practice, provided 
that the resulting standard is consistent with 
this Act. 
(C) CORE PRACTICES.—The Secretary shall 
establish criteria under which an employer who 
exposes or may reasonably be anticipated to ex-
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pose an employee to heat or heat stress that is 
not reduced below hazardous levels by engineer-
ing controls or personal protective equipment 
shall implement a reasonable program that in-
cludes— 
(i) suitably cool potable water or ap-
propriate hydration, provided at employer 
expense; 
(ii) periodic paid rest breaks scheduled 
to reduce heat stress below hazardous levels; 
(iii) access to shade or suitable cool- 
down spaces; 
(iv) acclimatization policies; and 
(v) such measures that are necessary or 
appropriate to ensure effective implementa-
tion of the requirements of this subpara-
graph. 
(4) OTHER SPECIFICATIONS.— 
(A) PROTECTION
OF
PAY.—The Secretary 
shall require that, for any required duration 
such as rest breaks, medical removal protection, 
and training, an employee shall receive com-
pensation at the regular rate at which such em-
ployee is employed. 
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(B) LANGUAGE
ACCESS.—Any required 
training, poster, label, hazard alert, or written 
plan shall be provided in English and a lan-
guage understood by the employees, if such is not 
English, and prepared appropriately for the vo-
cabulary, educational level, and literacy of the 
employees. 
(C) TEMPORARY LABOR CAMPS.—The Sec-
retary shall revise the Secretary’s standard for 
temporary labor camps to the extent necessary to 
achieve the purposes of this Act. 
(5) MAINTAINING PROTECTION.—No worker heat 
protection standard promulgated under this Act may 
reduce the protection afforded employees by an exist-
ing worker heat protection standard. 
(b) INITIAL STANDARDS.—Not later than the date that 
is 1 year after the date of enactment of this Act, the Sec-
retary shall promulgate, without regard to the requirements 
of chapters 5 and 6 of title 5, United States Code, sub-
chapter I of chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’), or the 
National Environmental Policy Act of 1969 (42 U.S.C. 431 
et seq.), an interim final rule establishing a worker heat 
protection standard and related recordkeeping and report-
ing requirements. Such rule shall take effect upon issuance 
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(except that it may include a reasonable delay in the effec-
tive date), shall have the legal effect of an occupational safe-
ty and health standard as defined by section 3(8) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
652(8)), and shall remain in effect until superseded by a 
final rule promulgated pursuant to this Act. 
(c) RULEMAKING PROCEDURES.—For any rulemaking 
pursuant to this Act after publication of the initial final 
rule in subsection (b), the following procedures shall apply: 
(1) IN GENERAL.—The Secretary shall, upon a 
showing by a petitioner pursuant to paragraph (2) or 
the Secretary’s own determination that a worker heat 
protection standard is necessary or appropriate to 
regulate employees’ exposure to conditions known to 
cause or that may reasonably be anticipated to cause 
heat-related illness or injury, promulgate any worker 
heat protection standard in accordance with the poli-
cies set forth in this section and in accordance with 
section 553 of title 5, United States Code (without re-
gard to any reference in such section to sections 556 
and 557 of such title). 
(2) PETITIONS FOR RULEMAKING.—Any person 
may petition the Secretary to promulgate or modify 
a worker heat protection standard. Within 18 months 
after receipt of a petition, the Secretary shall either 
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grant or deny the petition by publishing a written ex-
planation of the reasons for the Secretary’s decision. 
The Secretary may not deny a petition solely on the 
basis of inadequate resources or insufficient time for 
review. 
(3) TIMELINES.—Except as otherwise provided 
in subsection (b), the Secretary shall observe the fol-
lowing schedule for rulemaking: 
(A) PROPOSED
STANDARDS.—Within one 
year after granting a petition for rulemaking 
under paragraph (2), the Secretary shall publish 
a proposed worker heat protection standard con-
sistent with this section. 
(B) FINAL
STANDARDS.—The Secretary 
shall promulgate, within one year after such 
publication, such standards with such modifica-
tions as the Secretary deems appropriate. 
(C) EFFECT.—Standards or revisions there-
of shall become effective upon promulgation, ex-
cept that the Secretary may include a reasonable 
delay in the effective date. 
(4) TRANSPARENCY IN RULEMAKING.—For any 
rulemaking notice pursuant to this Act, the Secretary 
shall place in the public record not later than the date 
of such rulemaking notice the following: 
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(A) The drafts of such rulemakings pre-
pared before publication and submitted by the 
Secretary to the Office of Management and 
Budget for any interagency review process prior 
to publication, all documents accompanying such 
drafts, all written comments thereon by other 
agencies, and all written responses to such writ-
ten comments by the Secretary. 
(B) A summary of the substance of any 
changes between the text of the draft rulemaking 
that the agency provided to the Office of Manage-
ment and Budget under section 6(a)(3)(B)(i) of 
Executive Order 12,866 and the text published in 
the Federal Register, excluding any non-sub-
stantive changes such as spelling or grammatical 
corrections or re-ordering of text that has no 
legal effect. 
(C) A statement identifying any party or 
entity at whose request any such change was 
made. 
(5) JUDICIAL REVIEW.— 
(A) FILING OF PETITION.—A petition for 
review in accordance with section 702 of title 5, 
United States Code, of action of the Secretary in 
promulgating any worker heat protection stand-
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ard or any other nationally applicable regula-
tion or final action taken by the Secretary pur-
suant to this Act may be filed only in the United 
States Court of Appeals for the District of Co-
lumbia. The filing of a petition for review shall 
not postpone the effectiveness of such rule or ac-
tion. 
(B) TIMELY FILING.—Any petition for re-
view under this paragraph shall be filed within 
sixty days from the date notice of such promul-
gation, approval, or action appears in the Fed-
eral Register. 
(C) NOT SUBJECT TO REVIEW.—Action of 
the Secretary with respect to which review could 
have been obtained under this paragraph shall 
not be subject to judicial review in civil or 
criminal proceedings for enforcement. Failure to 
promulgate any standard pursuant to the sched-
ule established by this section shall be subject to 
review. 
SEC. 4. IMPLEMENTATION AND ENFORCEMENT. 
(a) IN GENERAL.—Except as otherwise provided by 
this section— 
(1) a worker heat protection standard shall have 
the same legal effect as an occupational safety and 
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complaint within 90 days pursuant to section 
11(c)(3) of the Occupational Safety and Health Act 
(29 U.S.C. 660(c)(3)) or determines not to bring an 
action pursuant to paragraph (2) of such section, 
such employee may bring an action in any appro-
priate United States district court against such per-
son for all appropriate relief in accordance with 
paragraph (2) of such section as well as reasonable 
attorney’s fees and costs. 
SEC. 5. GENERAL PROVISIONS. 
(a) SEVERABILITY.—If any provision of this Act is 
held invalid, the remainder of this Act shall not be affected 
thereby. If the application of any provision of this Act to 
any person or circumstance is held invalid, the application 
of such provision to other persons or circumstances shall 
not be affected thereby. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated from sums not otherwise ap-
propriated, for each fiscal year, such sums as may be nec-
essary to carry out this Act. 
SEC. 6. AGENDA FOR FURTHER REVIEW AND ACTION. 
The Secretary shall update the National Agricultural 
Workers Survey with such questions that, in the Secretary’s 
judgment, are useful to identify the incidence and preva-
lence of heat-related illness and injury and assess the im-
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pact of standards and enforcement pursuant to this Act. 
Within one year of the date of enactment of this Act, the 
Secretary shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
a report on the Secretary’s implementation of this sub-
section. 
SEC. 7. DEFINITIONS. 
For purposes of this Act: 
(1) The term ‘‘Commission’’ means the Occupa-
tional Safety and Health Review Commission. 
(2) The term ‘‘employee’’ has the same meaning 
as in section 3(6) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 652(6)). 
(3) The term ‘‘employer’’ has the same meaning 
as in section 3(5) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 652(5)). 
(4) The term ‘‘heat stress’’ means the load of heat 
that a person experiences due to— 
(A) sources of heat or heat retention (in-
cluding the combined contributions of metabolic 
heat, environmental factors, and clothing or per-
sonal protective equipment); or 
(B) the presence of heat in a work setting. 
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(5) The term ‘‘heat-related illness’’ means a ma-
terial impairment of health that occurs due to heat 
stress. 
(6) The term ‘‘heat-related injury’’ means an in-
jury caused by exposure to heat or sources of heat or 
occurring as a result of heat stress. 
(7) The term ‘‘Institute’’ means the National In-
stitute for Occupational Safety and Health. 
(8) The term ‘‘Secretary’’ means the Secretary of 
Labor. 
(9) The term ‘‘worker heat protection standard’’ 
means a standard that regulates employee exposure to 
heat stress and prevents heat-related illness and in-
jury by requiring conditions or the adoption or use 
of one or more practices, means, methods, operations, 
or processes reasonably necessary or appropriate to 
provide employment and places of employment that 
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 Ad-
ministration to issue an occupational safety and 
health standard to protect workers from heat-re-
lated injuries and illnesses. 
NOVEMBER 7, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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