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H.R. 4443: Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025

This bill, titled the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025, aims to establish comprehensive safety standards to protect workers from heat-related illnesses and injuries. Below are the primary components and provisions of the bill, outlined in layman's terms:

Employer Responsibilities

Employers are mandated to create a safe work environment that is free from heat stress that could lead to serious harm or death, and they must comply with any regulations established under this act.

Heat Protection Standards

The Secretary of Labor will develop specific heat protection standards that require employers to implement measures to monitor and reduce workers' exposure to heat stress. These standards will be based on the best available evidence and aim to maximize health and safety.

Designing Effective Standards

The Secretary will consider various factors when creating these standards, including:

What is achievable and reasonable based on existing state regulations.
Prioritizing worker protection in all considerations.
Utilizing well-established expertise from recognized institutions in labor safety.
Grouping employers based on industry or common practices to tailor effective safety measures.

Protective Programs

Employers may be required to develop protective programs that include:

Engineering Controls: Measures to reduce heat exposure through physical changes like ventilation and insulation.
Administrative Controls: Changes to work schedules or practices to limit heat exposure.
Personal Protective Equipment: Providing cooling clothing and other equipment at the employer’s expense.
Health Protocols: Monitoring employee health, emergency response procedures, and training.
Employee Training: Informing workers about heat stress symptoms and safety measures.

Notification and Compensation

The bill stipulates that employees must be paid when they take breaks for hydration or health checks, and all safety training materials must be available in languages understood by workers.

Implementation and Enforcement

The standards established under this act will have the same legal standing as existing occupational health and safety standards. The Secretary of Labor will have enforcement authority, including the ability to issue citations for violations within four years of an occurrence.

Whistleblower Protections

Employees who report violations related to this act will be protected from retaliation, ensuring they can safely express concerns about unsafe working conditions.

Recordkeeping and Reporting

Employers will be required to maintain records and report on compliance with the heat protection measures, similar to existing requirements under the Occupational Safety and Health Act.

Review and Updates

The Secretary of Labor will regularly review and update the standards to reflect new scientific evidence or changes in work practices that may increase risks associated with heat exposure.

General Provisions

There are also provisions for the bill’s severability, meaning if one part of the act is held invalid, the remainder still stands. The Secretary will report on the implementation of these standards within a year of the law taking effect.

Definitions

The bill provides clear definitions for terms like "employee," "employer," "heat-related illness," and "heat stress," ensuring clarity in its provisions.