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119-s-2571119th CongressWALLET

Farmworker Smoke and Excessive Heat Protection Act of 2025

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

This bill would require the Secretary of Labor to set a national workplace standard to protect farmworkers from wildfire smoke and excessive heat. It creates an initial temporary standard and a required process to write a permanent standard that meets or exceeds the most protective State rules.

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  • Farmworkers: Would get required protective equipment like N95 or N100 respirators or other National Institute for Occupational Safety and Health (NIOSH) certified gear when air is dangerous. They would also receive water, cooling, and mandatory rest breaks of at least 10 minutes every 2 hours in shaded areas when conditions are hazardous.
  • Employers: Would have to provide training in languages workers understand on proper use and limits of equipment and signs of heat illness. They could seek technical assistance from the Secretary or State and local health departments to comply.
  • Agencies and communities: The Secretary must begin a permanent standard within 90 days and provide sample training materials and outreach. The Secretary would collaborate with community organizations to reach hard to reach and indigenous language farmworkers.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Enforceable interim farmworker safety rule

If enacted, the Labor Secretary would have to start making a permanent farmworker safety rule within 90 days. Until the permanent rule is issued, the bill's initial protections would count as an OSHA standard and be enforced the same way, including anti-retaliation protections. The permanent rule would have to be at least as protective as the initial rule and no less protective than the most protective State smoke or heat standard. The permanent rule would also have to explain health harms from wildfire smoke and excessive heat.

Farmworker smoke and heat protections

If enacted, employers on farms would have to give protective gear and facilities when air quality or heat is dangerous. Employers would need to provide N95 or N100 (or other NIOSH-certified) respirators for smoke and water and cooling for excessive heat. When the Labor Secretary says conditions are "extremely dangerous," employers would have to require use of respirators or cooling equipment. Employers would have to give rest breaks of at least 10 minutes every 2 hours in shaded or lower-exposure areas when conditions are dangerous. Workers would get training in a language they understand about equipment use, limits, and signs of smoke- and heat-related illness.

Employer training and outreach support

If enacted, the Labor Department would have to offer technical help and sample training materials to employers when asked. The Secretary could share materials with community and nonprofit groups on request. The Department would work with groups that reach hard-to-reach farmworkers and seek input to make materials in other languages, including indigenous languages. Employers could also ask State or local health departments for advice on equipment and training.

Who the rule covers and definitions

If enacted, the bill would define key terms for the safety rule. "Agricultural operation employer" would mean employers engaged in farming. "Farmworker" would mean employees doing farm work for such employers. "Excessive heat" would include exposures that can cause heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rashes. "Secretary" would mean the Labor Department. These definitions would apply to the safety standard.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 7/31/2025

Roll Call Votes

No roll call votes available for this bill.

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