What does WORKER HEAT PROTECTION STANDARDS. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section establishes requirements for a worker heat protection standard to be promulgated by the Secretary. The standard must regulate employees' exposure to heat stress and prevent heat-related illness and injury, attaining the highest degree of health and safety protection feasible. The Secretary may consider demonstrably achievable measures, prioritize worker protection, and utilize available expertise from organizations like the National Academies of Sciences, Engineering, and Medicine. The standard may include engineering controls, administrative controls, personal protective equipment, health-related protocols, training requirements, and planning requirements. Employers must provide cool potable water, periodic paid rest breaks, access to shade, and acclimatization policies. Employees must receive compensation for required durations like rest breaks and training. The Secretary shall revise the standard for temporary labor camps to achieve the purposes of this Act. An interim final rule must be established within one year of enactment, and a final rule must follow thereafter. The Secretary must publish drafts of rulemakings and summaries of changes made during the review process. Judicial review of the Secretary’s actions is limited to the United States Court of Appeals for the District of Columbia.

What does IMPLEMENTATION AND ENFORCEMENT. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section establishes the implementation and enforcement mechanisms for the Act. A worker heat protection standard under this Act has the same legal effect as an occupational safety and health standard defined by the Occupational Safety and Health Act of 1970. Rules, regulations, and orders issued under this Act carry the same legal weight as those issued under the Occupational Safety and Health Act. The statute of limitations for issuing citations for violations of section 2 or related standards is four years after the violation. The Commission must give substantial deference to reasonable interpretations of the Act by the Secretary. The Secretaries of Labor and Health and Human Services have authority to prescribe recordkeeping and reporting regulations similar to those under the Occupational Safety and Health Act. The Secretary may consolidate recordkeeping and reporting requirements, but violations are enforced as distinct from other OSHA violations. Employees who believe they have been discriminated against for exercising rights under this Act can file complaints with the Secretary. If the Secretary does not act on a complaint within 90 days, or chooses not to bring an action, the employee may pursue legal action in federal district court.

What does GENERAL PROVISIONS. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section establishes general provisions for the Act. If any part of the Act is found to be invalid, the rest of the Act remains in effect. Even if a provision's application to a specific person or situation is deemed invalid, its application to others is not affected. The Act authorizes appropriations from funds not already allocated to cover the costs of implementing the Act.

What does AGENDA FOR FURTHER REVIEW AND ACTION. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section directs the Secretary to update the National Agricultural Workers Survey with questions related to heat-related illness and injury. The purpose of these updates is to identify the incidence and prevalence of heat-related illness and injury, and to assess the impact of standards and enforcement. The Secretary must submit a report to the House Committee on Education and Workforce and the Senate Committee on Health, Education, Labor, and Pensions within one year of the Act's enactment, detailing the implementation of this section.

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

Q: What does Preamble of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This bill directs the Secretary of Labor to create an occupational safety and health standard. The standard is intended to protect workers from heat-related injuries and illnesses.

Q: What does SHORT TITLE. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This bill is formally titled the Asuncion Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025.

Q: What does EMPLOYER DUTIES. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section establishes duties for employers. Employers must furnish a workplace free from conditions that may reasonably be anticipated to cause death or serious physical harm from heat stress. Employers must comply with standards, regulations, rules, and orders promulgated under this Act.

Q: What does DEFINITIONS. of Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 do?

This section defines terms used within the Act. The term 'Commission' refers to the Occupational Safety and Health Review Commission. The definitions of 'employee' and 'employer' are derived from section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652). “Heat stress” is defined as the load of heat a person experiences due to various factors, including metabolic heat and environmental conditions. “Heat-related illness” refers to a material impairment of health resulting from heat stress. “Heat-related injury” is defined as an injury caused by heat exposure or resulting from heat stress. The 'Institute' is defined as the National Institute for Occupational Safety and Health. The 'Secretary' refers to the Secretary of Labor. A 'worker heat protection standard' is a standard that regulates employee exposure to heat stress to prevent illness and injury.

Last updated: 7/16/2025 · Introduced: 7/16/2025

Author: Alex Padilla (D-CA)

TL;DR (AI)

This bill directs the Secretary of Labor to establish a worker heat protection standard to prevent heat-related illnesses and injuries in the workplace.
Employers are required to provide a workplace free from conditions that may cause heat stress, including access to cool water, shade, and paid rest breaks.
The standard may include engineering controls, training, and acclimatization policies to regulate employee exposure to heat stress.
Employees who believe they have been discriminated against for exercising rights under the Act can file complaints and pursue legal action if the Secretary does not respond within 90 days.
The bill authorizes appropriations to cover implementation costs and directs updates to the National Agricultural Workers Survey to assess heat-related illness and injury.

119th Congressin committeeHR. 4443(In Committee)Official page

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