Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4443 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4443

 To direct the Secretary of Labor to promulgate an occupational safety
 and health standard to protect workers from heat-related injuries and
                               illnesses.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2025

 Ms. Chu (for herself, Mr. Scott of Virginia, Ms. Adams, Mr. Amo, Ms.
 Ansari, Ms. Barragan, Ms. Bonamici, Ms. Brownley, Ms. Budzinski, Mr.
 Carson, Mr. Carter of Louisiana, Mr. Casar, Mr. Casten, Ms. Castor of
 Florida, Mr. Castro of Texas, Mrs. Cherfilus-McCormick, Ms. Clarke of
 New York, Mr. Cleaver, Ms. Craig, Mr. Davis of Illinois, Ms. DeGette,
 Ms. DeLauro, Ms. DelBene, Mr. Deluzio, Mrs. Dingell, Mr. Doggett, Ms.
 Elfreth, Ms. Lois Frankel of Florida, Mr. Frost, Ms. Garcia of Texas,
    Mr. Garcia of Illinois, Mr. Goldman of New York, Mr. Gomez, Mr.
Gottheimer, Mr. Green of Texas, Mrs. Hayes, Mr. Horsford, Ms. Jayapal,
 Mr. Johnson of Georgia, Mr. Krishnamoorthi, Mr. Larsen of Washington,
 Mr. Lawler, Ms. Leger Fernandez, Mr. Levin, Mr. Lynch, Mr. Magaziner,
  Mr. Mannion, Mrs. McBath, Ms. McCollum, Mr. McGarvey, Mr. McGovern,
Mrs. McIver, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Moulton,
   Mr. Mrvan, Mr. Mullin, Mr. Nadler, Mr. Norcross, Ms. Norton, Ms.
  Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Ms. Pingree, Mr.
Pocan, Mrs. Ramirez, Mr. Raskin, Ms. Rivas, Mr. Ruiz, Ms. Salinas, Ms.
   Sanchez, Ms. Scanlon, Ms. Scholten, Mr. Smith of Washington, Ms.
 Stansbury, Ms. Strickland, Mr. Takano, Mr. Thanedar, Mr. Thompson of
     Mississippi, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of
   California, Mr. Tran, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms.
 Wasserman Schultz, and Mrs. Watson Coleman) introduced the following
  bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

 To direct the Secretary of Labor to promulgate an occupational safety
 and health standard to protect workers from heat-related injuries and
                               illnesses.

    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 ``Asuncion Valdivia Heat Illness,
Injury, and Fatality Prevention Act of 2025''.

SEC. 2. EMPLOYER DUTIES.

    Each employer shall--
            (1) furnish employment and a place of employment free from
        conditions that may reasonably be anticipated 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 promulgate a worker
        heat protection standard that, in accordance with the best
        available evidence, establishes the maximum protective program
        of measures an employer shall implement to regulate employees'
        exposure 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.--
                    (A) Demonstrably achievable measures.--The
                Secretary may presume that any requirement
                substantially equivalent to a requirement 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 rulemaking, the Secretary
                shall place preeminent value on assuring employees a
                safe and healthful working environment.
                    (C) Available expertise.--If the Secretary adopts
                any finding or recommendation by the Institute, the
                American Conference of Governmental Industrial
                Hygienists, or the National Academies of Sciences,
                Engineering, and Medicine relevant to heat stress in a
                rulemaking pursuant to this Act, such finding or
                recommendation shall be considered the best available
                evidence.
                    (D) Employer categories.--The Secretary may, in any
                rulemaking analysis or design of standards, cluster
                relevant employers in any categories such as standard
                industry or occupational classifications or any common
                or related features of heat sources, conditions of
                employment, employer practices, employee
                characteristics, 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 enforcement 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 appropriate to achieve the purposes of
                this Act. Such measures may include the following:
                            (i) Engineering controls.--Requirements 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 technologies, as
                        well as technology-based standards that
                        encourage the development of such controls.
                            (ii) Administrative controls.--Requirements
                        to limit exposure to hazardous levels of heat
                        stress by adjustment of work procedures, work
                        schedules, or other work practices.
                            (iii) Personal protective equipment.--
                        Requirements to provide, at the employer's
                        expense, personal protective equipment 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
                        appropriate responses.
                            (v) Training requirements.--Requirements to
                        train employees and supervisors in topics
                        reasonable or necessary to achieve the
                        implementation of the requirements 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
                                environmental forecasts, recognizing
                                signs of heat-related illness, and
                                protocols for responding to likely
                                heat-related illness.
                            (vi) Planning requirements.--Requirements
                        for a heat illness and injury prevention plan
                        that--
                                    (I) is of sufficient quality to
                                effectuate 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
                                participation of the employer's
                                employees and, where applicable, such
                                employees' 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
                                request, 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 relevant
                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 consistent with this
                Act.
                    (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 program that
                includes--
                            (i) suitably cool potable water or
                        appropriate 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 implementation
                        of the requirements of this subparagraph.
            (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 compensation at the regular rate at which
                such employee is employed.
                    (B) Language access.--Any required training,
                poster, label, hazard alert, or written plan shall be
                provided in English and a language 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 Secretary 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 requirements 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 (42 U.S.C. 431 et
seq.), an interim final rule establishing a worker heat protection
standard and related recordkeeping and reporting requirements. Such
rule shall take effect upon issuance (except that it may include a
reasonable 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 rulemaking pursuant to this Act
after publication of the interim 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 accordance with section 553 of
        title 5, United States Code (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 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 following 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 consistent with this section.
                    (B) Final standards.--The Secretary shall
                promulgate, within one year after such publication,
                such standards with such modifications as the Secretary
                deems appropriate.
                    (C) Effect.--Standards or revisions thereof shall
                become effective upon promulgation, 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 Secretary shall place in the public
        record not later than the date of such rulemaking notice the
        following:
                    (A) The drafts of such rulemakings prepared 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 rulemaking 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,
                excluding any non-substantive 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 standard or any other nationally
                applicable regulation 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 review under
                this paragraph shall be filed within sixty days from
                the date notice of such promulgation, approval, or
                action appears in the Federal 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 schedule 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 health standard as
        defined by section 3(8) of the Occupational Safety and Health
        Act of 1970 (29 U.S.C. 652(8)); and
            (2) any rule, regulation, or order promulgated pursuant to
        this Act shall have the same legal effect as a rule,
        regulation, or order promulgated pursuant to the Occupational
        Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
    (b) Enforcement.--
            (1) Statute of limitations for citation.--No citation for
        any violation of section 2 or any standard, rule, regulation,
        or order pursuant to this Act may be issued under this section
        after the expiration of four years following the occurrence of
        any violation.
            (2) Review.--The Commission shall grant substantial
        deference to any reasonable interpretation by the Secretary of
        this Act or any standard, regulation, or order pursuant to this
        Act.
    (c) Recordkeeping and Reporting.--
            (1) In general.--With regard to recordkeeping and
        reporting, the Secretary and Secretary of Health and Human
        Services shall have the same authority to prescribe regulations
        related to this Act as under section 8 of the Occupational
        Safety and Health Act (29 U.S.C. 657).
            (2) Consolidating requirements.--The Secretary may
        incorporate recordkeeping and reporting requirements under this
        section into existing recordkeeping and reporting requirements
        promulgated pursuant to section 8 of the Occupational Safety
        and Health Act (29 U.S.C. 657), provided that a violation of
        such a requirement with regard to implementation of this Act
        shall be enforced as a distinct violation separate and apart
        from any other simultaneous violation of a requirement pursuant
        to the Occupational Safety and Health Act.
    (d) Whistleblower Protections.--
            (1) Complaint.--Any employee who believes that such
        employee has been discharged or otherwise discriminated against
        by any person in violation of section 11(c)(1) of the
        Occupational Safety and Health Act (29 U.S.C. 660(c)(1)) with
        regard to any matter under or related to this Act may, within
        180 days after such violation occurs, file a complaint with the
        Secretary following the procedures in paragraph (2) of such
        section alleging such discrimination.
            (2) Action.--If the Secretary fails to notify the
        complainant of the Secretary's determination on the 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 appropriate United
        States district court against such person 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 appropriated, for each fiscal
year, such sums as may be necessary 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 prevalence of heat-related illness and
injury and assess the impact 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 Workforce 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 section.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Occupational 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 (including
                the combined contributions of metabolic heat,
                environmental factors, and clothing or personal
                protective equipment); or
                    (B) the presence of heat in a work setting.
            (5) The term ``heat-related illness'' means a material
        impairment of health that occurs due to heat stress.
            (6) The term ``heat-related injury'' means an injury caused
        by exposure to heat or sources of heat or occurring as a result
        of heat stress.
            (7) The term ``Institute'' means the National Institute 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 injury 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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