HR4844119th CongressWALLET

Farmworker Smoke and Excessive Heat Protection Act of 2025

Sponsored By: Representative Dexter, Maxine [D-OR-3]

Introduced

Summary

Protect farmworkers from wildfire smoke and excessive heat. This bill would create a two-stage workplace safety framework that starts with an immediate, enforceable initial OSHA standard and then moves to a formal rule through rulemaking.

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  • Farmworkers: Employers would have to provide N95 or N100 respirators or other NIOSH-certified equipment when air quality reaches dangerous levels and require their use at extremely dangerous levels. The bill would also require water, cooling facilities, and at least 10-minute rest breaks every 2 hours in shaded or reduced-exposure areas during dangerous heat or smoke.
  • Employers: Agricultural operation employers would be required to supply protective equipment and give training and education materials in languages farmworkers understand. The initial standard would be enforceable under the Occupational Safety and Health Act and include protections against retaliation.
  • Agencies and community groups: The Secretary of Labor would develop model training materials, provide technical assistance, and work with community organizations to reach hard-to-reach workers in alternative languages, including indigenous languages. The Secretary would begin formal rulemaking within 90 days and the final standard must be at least as protective as the initial standard and not less protective than the most protective state standard.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Strong final safety rule for farm heat and smoke

If enacted, the Labor Department would have to start a formal rule within 90 days of enactment. The final rule would need to be at least as protective as the interim rule and no weaker than the strongest state rule on smoke or heat. It would also explain the health risks from wildfire smoke and excessive heat. These final protections would take effect when the rule is issued.

Immediate smoke and heat rules for farmworkers

If enacted, this would set an interim safety rule from the day it is enacted until a final rule is issued. Farm employers would need to give respirators when air is dangerous and require them when it’s extremely dangerous, as set by the Labor Department. They would need to provide water, cooling, and at least 10-minute rest breaks every 2 hours in shade or lower-exposure areas when heat or smoke reaches dangerous or extremely dangerous levels. Employers would also need to train workers in a language they understand and allow time for questions. Federal workplace safety anti-retaliation protections would apply, and the rule would be enforced like other federal safety rules.

Defines covered farms, workers, and heat

If enacted, the bill would define who counts as an agricultural employer and a farmworker. It would define excessive heat as heat exposure that can harm health, and say the Secretary means the Labor Secretary. These definitions would guide who is covered once the bill is enacted.

Labor Department help and training for farms

If enacted, farm employers could request technical help from the Labor Department on how to meet the new safety rules. The Department would create sample training materials, work with community groups, and offer materials in other languages, including indigenous languages. On request, materials could be shared with community and nonprofit groups. Employers could also seek advice from state or local health departments.

Sponsors & CoSponsors

Sponsor

Dexter, Maxine [D-OR-3]

OR • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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