tional Safety and Health Act of 1970 (29 U.S.C. 
652), engaged in farming or agricultural operation. 
(2) EXCESSIVE
HEAT.—The term ‘‘excessive 
heat’’ includes outdoor or indoor exposure to heat at 
a level that exceeds the capacities of the body to 
maintain normal body functions and may cause 
heat-related injury, illness, or fatality (including 
heat stroke, heat exhaustion, heat syncope, heat 
cramps, or heat rashes). 
(3) FARMWORKER.—The term ‘‘farmworker’’ 
means an employee, as defined in section 3 of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 652), engaged in farming or other agricul-
tural work for an agricultural operation employer. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(b) INITIAL OCCUPATIONAL SAFETY AND HEALTH 
STANDARD.— 
(1) IN GENERAL.—During the period beginning 
on the date of enactment of this Act and ending on 
the date of the promulgation of the occupational 
safety and health standard under subsection (c), the 
Secretary shall deem the initial standard to protect 
farmworkers from wildfire smoke and excessive heat 
described in paragraph (2) to be an occupational 
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safety and health standard under section 6 of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 655). 
(2) CONTENTS
OF
INITIAL
STANDARD.—The 
initial standard described in this subsection shall re-
quire that an agricultural operation employer— 
(A) provide farmworkers with appropriate 
equipment to protect from wildfire smoke when 
air quality at the workplace reaches a level de-
termined by the Secretary to be dangerous to 
human health; 
(B) ensure that the equipment provided 
under subparagraph (A) includes a N95 res-
pirator or N100 respirator or other equipment 
certified by the National Institute for Occupa-
tional Safety and Health to protect from wild-
fire smoke exposure; 
(C) require mandatory use of the equip-
ment described in subparagraphs (A) and (B) 
when air quality at the workplace reaches an 
extremely dangerous level, as determined by the 
Secretary; 
(D) provide farmworkers with appropriate 
equipment to protect from excessive heat when 
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the heat reaches a level determined by the Sec-
retary to be dangerous to health; 
(E) ensure that the equipment provided 
under subparagraph (D) includes water and 
cooling facilities to protect from excessive heat; 
(F) require mandatory use of the equip-
ment described in subparagraphs (D) and (E) 
when the excessive heat reaches an extremely 
dangerous level, as determined by the Sec-
retary; 
(G) provide, with protective equipment pro-
vided under any of subparagraphs (A) through 
(F)— 
(i) training and education materials to 
farmworkers, in a language understood by 
the farmworkers, regarding— 
(I) how to properly use the pro-
tective equipment; 
(II) how long and under what 
conditions the protective equipment is 
effective; and 
(III) the potential health impacts 
of breathing wildfire smoke without 
proper protection or the signs of heat 
illness, as applicable; and 
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(ii) an opportunity for the farm-
workers to ask questions and receive re-
sponses regarding the training and edu-
cation materials described in clause (i); 
and 
(H) require that, once the air quality or 
heat level has reached a dangerous or extremely 
dangerous level, as determined by the Secretary 
under subparagraph (A), (C), (D), or (F), 
farmworkers 
be 
provided 
mandatory 
rest 
breaks— 
(i) of at least 10 minutes every 2 
hours; and 
(ii) in shaded areas where the expo-
sure to smoke is decreased or the tempera-
ture is decreased, as applicable. 
(3) ENFORCEMENT.—The initial standard de-
scribed in this subsection shall be enforced in the 
same manner as a standard promulgated under sec-
tion 6 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 655), including the prohibition on 
discrimination under section 11(c) of such Act (29 
U.S.C. 660(c)). 
(c) OCCUPATIONAL SAFETY AND HEALTH STAND-
ARD.— 
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(1) IN GENERAL.—By not later than 90 days 
after the date of enactment of this Act, the Sec-
retary shall begin promulgating an occupational 
safety and health standard under section 6 of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 655) to protect farmworkers from wildfire 
smoke and excessive heat. 
(2) REQUIREMENTS.—The standard promul-
gated under paragraph (1) shall— 
(A) provide safety and health protections 
for farmworkers working for agricultural oper-
ation employers that provide at least the same 
level of health and safety protection as the re-
quirements under subsection (b)(2); 
(B) provide no less protection than the 
most protective smoke or heat protection stand-
ard adopted by a State; 
(C) detail the potential health impacts of 
breathing wildfire smoke without proper protec-
tion; and 
(D) detail the potential health impacts of 
working in excessive heat without proper pro-
tection. 
(d) COLLABORATION
AND
TECHNICAL
ASSIST-
ANCE.— 
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(1) IN
GENERAL.—An agricultural operation 
employer may seek advice or assistance from the 
Secretary of Labor or a State or local health depart-
ment regarding the equipment and training and edu-
cation materials needed to meet the requirements 
under subsection (b)(2) (or any similar requirement 
of a standard promulgated under subsection (c)). 
(2) DEPARTMENT OF LABOR DUTIES.— 
(A) IN GENERAL.—The Secretary shall— 
(i) provide technical assistance, upon 
the request of an agricultural operation 
employer, regarding how to meet the em-
ployer requirements of this section; and 
(ii) develop sample training and edu-
cation materials that may be used by agri-
cultural operation employers to meet the 
requirements of subsection (b)(2)(G) (or 
any similar requirement of a standard pro-
mulgated under subsection (c)). 
(B) 
COLLABORATION.—In 
developing 
training and education materials under sub-
paragraph (A), the Secretary shall— 
(i) work with community organiza-
tions for hard-to-reach farmworkers due to 
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geographic isolation, language barriers, or 
literacy issues; and 
(ii) seek input in the development of 
the training and education materials in al-
ternative languages, including indigenous 
languages. 
(3) COLLABORATION WITH COMMUNITY ORGA-
NIZATIONS.—The Secretary may, upon request, pro-
vide the training and educational materials devel-
oped under paragraph (2)(A) to relevant community 
and nonprofit organizations. 
Æ 
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