Farmworker Smoke and Excessive Heat Protection Act of 2025
The Farmworker Smoke and Excessive Heat Protection Act of 2025 would create an OSHA-based occupational safety and health standard aimed at protecting farmworkers from wildfire smoke and excessive heat. It establishes definitions for key terms (such as agricultural operation, farmworker, excessive heat) and requires an immediate “initial standard” upon enactment. This initial standard would obligate agricultural employers to provide protective respirators (N95, N100, or NIH/NIOSH-certified equivalents) and training, and to enforce mandatory use of protective gear at dangerous levels of air quality or heat. It also requires employers to supply water and cooling facilities and to offer mandatory rest breaks when conditions reach extremely dangerous levels. The Secretary of Labor must, within 90 days, begin promulgating a formal standard that provides at least the same level of protection as the initial standard and must not allow protections to be weaker than the most protective state standards. The act also calls for ongoing collaboration with community organizations and offers technical assistance to employers to implement these protections, with attention to language and accessibility for hard-to-reach farmworkers. In short, Congress aims to ensure farmworkers are protected from smoke inhalation and heat illness through required protective equipment, training, work-rest cycles, and supportive facilities, with a plan to formalize and strengthen these protections nationwide.
Key Points
- 1Definitions set the scope: agricultural operation employers, farmworkers, excessive heat, and the Secretary of Labor as the enforcing authority.
- 2Initial standard (effective from enactment until the final standard is promulgated) requires:
- 3- Provision of protective equipment for wildfire smoke (N95/N100 or equivalent) when air quality is dangerous.
- 4- Mandatory use of protective equipment at extremely dangerous air quality levels.
- 5- Provision of equipment to protect from excessive heat, including access to water and cooling facilities.
- 6- Mandatory use of heat protection during extremely dangerous heat levels.
- 7- Training materials in a language understood by workers, plus opportunities to ask questions.
- 8- Mandatory rest breaks (at least 10 minutes every 2 hours) in shaded areas when conditions are dangerous.
- 9- Enforcement aligned with OSHA standards (no discrimination for workers who exercise protections).
- 10Final standard (promulgated within 90 days of enactment) must provide at least the same protection as the initial standard and not be weaker than the most protective state standards; it must explain health impacts of smoke and heat exposure.
- 11Collaboration and technical assistance: the Secretary of Labor will provide help and materials to employers, work with community organizations to reach hard-to-reach farmworkers, and offer materials in alternative languages.