Farmworker Smoke and Excessive Heat Protection Act of 2021
Bill: S.2751 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Labor and Employment

Summary:
Farmworker Smoke and Excessive Heat Protection Act of 2021
This bill provides protections for farmworkers from occupational exposures to wildfire smoke and excessive heat.
Specifically, the bill establishes an initial occupational safety and health standard that requires agricultural operation employers to provide farmworkers with appropriate equipment to protect them from wildfire smoke (e.g., N95 masks or N100 masks) and excessive heat exposure (e.g., water and cooling facilities). Employers must also provide farmworkers with materials about how to use the equipment and the risks associated with exposure to wildfire smoke and excessive heat. Under the standard, workers are required to use the appropriate protective equipment when air quality or heat reaches a dangerous level.
In addition, the Occupational Safety and Health Administration (OSHA) must promulgate an occupational safety and health standard that provides at least the same level of protection as the initial standard. OSHA must also provide technical assistance to employers on how to comply with the standards and develop sample training and education materials that may be used by employers.

To establish an occupational safety and health standard to protect 
   farmworkers from wildfire smoke and excessive heat, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmworker Smoke and Excessive Heat 
Protection Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds that, as of the date of enactment of this Act--
            (1) the wildfire season has increased by over 2 months 
        since the 1970s, and wildfires have become increasingly 
        prevalent across the United States due to prolonged droughts 
        and extreme temperatures;
            (2) the average annual temperatures in the western United 
        States have increased by 1.9 degrees Fahrenheit since 1970;
            (3) wildfire smoke often contains toxic chemicals and 
        particulates, creating hazardous air quality conditions;
            (4) wildfire smoke often persists for extended periods of 
        time and can travel hundreds of miles;
            (5) wildfire smoke inhalation is harmful to human health, 
        particularly for vulnerable populations, including outdoor 
        workers;
            (6) excessive heat poses a potentially deadly threat to 
        those without protection from the heat, including outdoor 
        workers; and
            (7) more than 100 people died during the June 2021 heat 
        wave in Oregon, including a farmworker.

SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARD TO PROTECT FARMWORKERS 
              FROM WILDFIRE SMOKE AND EXCESSIVE HEAT.

    (a) Definitions.--In this section:
            (1) Agricultural operation employer.--The term 
        ``agricultural operation employer'' means an employer, as 
        defined in section 3 of the Occupational 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 
        agricultural 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 
        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 require 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 determined by the Secretary 
                to be dangerous to human health;
                    (B) ensure that the equipment provided under 
                subparagraph (A) includes a N95 respirator or N100 
                respirator or other equipment certified by the National 
                Institute for Occupational Safety and Health to protect 
                from wildfire smoke exposure;
                    (C) require mandatory use of the equipment 
                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 the heat reaches a 
                level determined by the Secretary 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 equipment 
                described in subparagraphs (D) and (E) when the 
                excessive heat reaches an extremely dangerous level, as 
                determined by the Secretary; and
                    (G) provide, with protective equipment provided 
                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 
                                protective 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
                            (ii) an opportunity for the farmworkers to 
                        ask questions and receive responses regarding 
                        the training and education 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 exposure to 
                        smoke is decreased or the temperature is 
                        decreased, as applicable.
            (3) Enforcement.--The initial standard described in this 
        subsection shall be enforced in the same manner as a standard 
        promulgated under section 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 Standard.--
            (1) In general.--By not later than 90 days after the date 
        of enactment of this Act, the Secretary 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 promulgated under paragraph 
        (1) shall--
                    (A) provide safety and health protections for 
                farmworkers working for agricultural operation 
                employers that provide at least the same level of 
                health and safety protection as the requirements under 
                subsection (b)(2);
                    (B) provide no less protection than the most 
                protective smoke or heat protection standard adopted by 
                a State;
                    (C) detail the potential health impacts of 
                breathing wildfire smoke without proper protection; and
                    (D) detail the potential health impacts of working 
                in excessive heat without proper protection.
    (d) Collaboration and Technical Assistance.--
            (1) In general.--An agricultural operation employer may 
        seek advice or assistance from the Secretary of Labor or a 
        State or local health department regarding the equipment and 
        training and education 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 employer requirements 
                        of this section; and
                            (ii) develop sample training and education 
                        materials that may be used by agricultural 
                        operation employers to meet the requirements of 
                        subsection (b)(2)(G) (or any similar 
                        requirement of a standard promulgated under 
                        subsection (c)).
                    (B) Collaboration.--In developing training and 
                education materials under subparagraph (A), the 
                Secretary shall--
                            (i) work with community organizations for 
                        hard-to-reach farmworkers due to geographic 
                        isolation, language barriers, or literacy 
                        issues; and
                            (ii) seek input in the development of the 
                        training and education materials in alternative 
                        languages, including indigenous languages.
            (3) Collaboration with community organizations.--The 
        Secretary may, upon request, provide the training and 
        educational materials developed under paragraph (2)(B) to 
        relevant community and nonprofit organizations.
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