Farmworker Smoke and Excessive Heat Protection Act of 2021

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.