(2) CONSIDERATIONS.— 
(A) DEMONSTRABLY
ACHIEVABLE
MEAS-
URES.—The Secretary may presume that any 
requirement substantially equivalent to a re-
quirement adopted by a State plan approved by 
the Occupational Safety and Health Adminis-
tration pursuant to section 18(c) of the Occupa-
tional 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
PROTEC-
TION.—In weighing any considerations during 
rulemaking, the Secretary shall place pre-
eminent 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 
Governmental Industrial Hygienists, or the Na-
tional Academies of Sciences, Engineering, and 
Medicine relevant to heat stress in a rule-
making pursuant to this Act, such finding or 
recommendation shall be considered the best 
available evidence. 
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(D) EMPLOYER
CATEGORIES.—The Sec-
retary may, in any rulemaking analysis or de-
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 
additional 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 
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from sources of heat, exhaust ventilation, 
insulation of hot surfaces, or climate-con-
trol technologies, as well as technology- 
based standards that encourage the devel-
opment 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 
employer’s expense, personal protective 
equipment such as water-cooled garments, 
air-cooled garments, heat-reflective cloth-
ing, 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 ap-
propriate responses. 
(v) TRAINING
REQUIREMENTS.—Re-
quirements to train employees and super-
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visors in topics reasonable or necessary to 
achieve the implementation of the require-
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 
illness. 
(vi) PLANNING REQUIREMENTS.—Re-
quirements for a heat illness and injury 
prevention plan that— 
(I) is of sufficient quality to ef-
fectuate 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 employ-
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ees’ representatives, for all aspects of 
the plan; 
(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 U.S.C. 
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 
modify, supplement, or revise a worker heat 
protection standard by rule in order to improve 
such standard in light of such changes, even if 
it departs from long-standing past practice, 
provided that the resulting standard is con-
sistent with this Act. 
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(C) CORE
PRACTICES.—The Secretary 
shall establish criteria under which an employer 
who exposes or may reasonably be anticipated 
to expose an employee to heat or heat stress 
that is not reduced below hazardous levels by 
engineering controls or personal protective 
equipment shall implement a reasonable pro-
gram that includes— 
(i) suitably cool potable water or ap-
propriate hydration, provided at employer 
expense; 
(ii) periodic paid rest breaks sched-
uled 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 imple-
mentation of the requirements of this sub-
paragraph. 
(4) OTHER SPECIFICATIONS.— 
(A) PROTECTION OF PAY.—The Secretary 
shall require that, for any required duration 
such as rest breaks, medical removal protection, 
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and training, an employee shall receive com-
pensation at the regular rate at which such em-
ployee is employed. 
(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 
vocabulary, 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 
existing 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 Secretary shall promulgate, without regard to the re-
quirements of chapters 5 and 6 of title 5, United States 
Code, subchapter I of chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Reduction 
Act’’), or the National Environmental Policy Act of 1969 
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(42 U.S.C. 431 et seq.), an interim final rule establishing 
a worker heat protection standard and related record-
keeping and reporting requirements. Such rule shall take 
effect upon issuance (except that it may include a reason-
able delay in the effective date), shall have the legal effect 
of an occupational safety 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 rule-
making pursuant to this Act after publication of the in-
terim 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 policies set forth in this section and in accord-
ance with section 553 of title 5, United States Code 
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(without regard 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 grant or deny the petition by publishing 
a written explanation of the reasons for the Sec-
retary’s decision. The Secretary may not deny a pe-
tition 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 pub-
lish a proposed worker heat protection standard 
consistent 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 
thereof shall become effective upon promulga-
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tion, except 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 Sec-
retary shall place in the public record not later than 
the date of such rulemaking notice the following: 
(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 written comments by the Secretary. 
(B) A summary of the substance of any 
changes between the text of the draft rule-
making that the agency provided to the Office 
of Management and Budget under section 
6(a)(3)(B)(i) of Executive Order 12,866 and 
the text published in the Federal Register, ex-
cluding any non-substantive changes such as 
spelling or grammatical corrections or re-order-
ing of text that has no legal effect. 
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(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 
standard or any other nationally applicable reg-
ulation or final action taken by the Secretary 
pursuant to this Act may be filed only in the 
United States Court of Appeals for the District 
of Columbia. The filing of a petition for review 
shall not postpone the effectiveness of such rule 
or action. 
(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 
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