The Farmworker Smoke and Excessive Heat Protection Act of 2025 creates a new occupational safety and health standard aimed at protecting farmworkers from wildfire smoke and extreme heat. It specifies an initial protective framework to be treated as an OSHA standard until a comprehensive rule is promulgated.
The measure requires employers in agricultural operations to provide protective equipment, training, and rest breaks when danger levels arise, and mandates collaboration with the Department of Labor to develop and disseminate materials that help employers comply.
The bill also establishes a process for promulgating a final standard within a defined timeline and ensures protections are at least as strong as the most protective state standards. It emphasizes language access and outreach to hard-to-reach farmworkers and contemplates technical assistance to help employers implement the protections without compromising workers’ health.
The provisions are designed to reduce smoke- and heat-related illness and mortality among farmworkers, who are frequently exposed to harsh outdoor conditions.
At a Glance
What It Does
The initial standard will require farm employers to shield workers from wildfire smoke and excessive heat, including PPE like N95/N100 respirators (or equivalent), water and cooling provisions, and mandatory rest breaks during extreme conditions.
Who It Affects
Outdoor farmworkers and the agricultural operation employers that hire them, with enforcement carried out under the OSH Act framework.
Why It Matters
This framework closes gaps in protection for farmworkers who are disproportionately exposed to smoke and heat, sets a baseline for nationwide safety, and compels employer accountability through training and proper equipment.
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What This Bill Actually Does
The bill sets up a new safety framework for farmworkers to guard against wildfire smoke and heat stress. It begins by defining key terms such as agricultural operation employers and farmworkers, then creates an initial occupational safety standard that can be used until a final rule is issued.
Employers must provide protective equipment (N95 or N100 respirators or equivalent) and ensure its use when air quality or heat levels are dangerous. They must also provide water and cooling facilities and enforce mandatory rest breaks when conditions are extremely dangerous.
Training materials must be provided in workers’ languages, and workers must have the opportunity to ask questions about the training.
In addition, the bill directs the Department of Labor to begin developing a final standard within 90 days of enactment, ensuring protections are at least as strong as the best State standards and detailing health risks associated with wildfire smoke and excessive heat. The Act also creates a pathway for collaboration and technical assistance, allowing employers to seek help and access model training materials, with special emphasis on reaching workers who are harder to reach due to language, literacy, or geographic barriers.Overall, the proposal aims to reduce preventable injuries and illnesses among farmworkers by codifying protections against both smoke exposure and heat, while providing practical supports to employers to implement these protections.
The Five Things You Need to Know
The bill creates an initial OSHA standard specific to farmworkers exposed to wildfire smoke and excessive heat.
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Section-by-Section Breakdown
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Findings
The findings establish the rising prevalence of wildfires, longer fire seasons, higher average temperatures in the West, and the health risks to outdoor workers from smoke and heat. This section frames the public health rationale for the new protections and underscores the vulnerability of farmworkers to these conditions.
Definitions
Key terms are defined: agricultural operation employer; excessive heat; farmworker; and secretary. These definitions set the scope of who is covered and what constitutes the protective standard, ensuring consistent application across sectors and regions.
Initial standard—protective requirements
During the interim period, employers must provide PPE for wildfire smoke (N95/N100 or certified equivalents), ensure use at extremely dangerous air quality, and provide equipment to guard against excessive heat including water and cooling facilities. Training must be provided in workers’ languages, describing usage, effectiveness, health risks, and a mechanism to ask questions. When conditions are dangerous or extremely dangerous, mandatory rest breaks of at least 10 minutes every two hours, in shaded areas, are required.
Promulgation of the final standard
Within 90 days of enactment, the Secretary must begin the formal rulemaking to codify a final standard under the OSH Act. The final rule must provide protections no less protective than the strongest state standard and must clearly convey the health impacts of smoke exposure and heat without protection.
Collaboration and technical assistance
The Secretary is charged with providing technical assistance to help employers meet the requirements and developing model training materials. The Department must collaborate with community organizations to reach hard-to-reach workers, including those facing language or literacy barriers, and may share materials with relevant nonprofits or local groups.
This bill is one of many.
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Explore Employment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Farmworkers, especially outdoor laborers exposed to smoke and heat, gain direct health protections and clearer guidance on safety practices.
- Agricultural operation employers may reduce health-related liability and improve productivity through safer working conditions and structured training.
- Rural health providers and local health departments may see fewer heat- and smoke-related emergencies among farmworker populations.
- OSHA and the Department of Labor gain clearer enforcement standards and resources for compliance.
Who Bears the Cost
- Agricultural operation employers incur upfront costs for PPE, cooling infrastructure, training, and potential productivity adjustments.
Key Issues
The Core Tension
The central dilemma is whether to impose robust, immediate protections that raise short-term costs and operational complexity for farm employers, versus adopting a flexible, slower rollout that could leave workers exposed longer to dangerous conditions.
The bill’s health protections require rapid development and adoption of practical safeguards, which can strain small farms, particularly where resources are limited or where multiple languages and literacy levels complicate outreach. While the initial standard creates immediate protections, it also places a premium on enforcement consistency across federal and state programs, which could vary depending on existing state plans.
A core policy tension is the need to balance worker safety with potential short-term impacts on workflow and labor costs, especially in high-demand harvest periods.
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