Occupational safety and health standards for wildland firefighter protection

(a) Interim final standard (1) In general Not later than 180 days after submission of the report described in section 5(b)(5), the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall issue an interim final standard with respect to protecting the health of wildland firefighters, which shall— (A) require employers to develop and implement a comprehensive health protection plan that addresses long-term occupational health risks associated with wildland firefighting; and (B) require the provision of respiratory protection, subject to availability and feasibility, consistent with the interim nature of the standard. (2) Inapplicable provisions of law and executive order The following provisions of law and executive orders shall not apply to the issuance of the interim final standard under this subsection: (A) The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). (B) The requirements of chapters 5 and 6 of title 5, United States Code. (C) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). (D) Executive Order No. 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), as amended. (3) Notice and comment The Secretary shall, prior to issuing the interim final standard under this subsection, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment. (4) Development The interim final standard shall be developed in coordination with the Task Force and Advisory Panel and shall be informed by the results and findings of the Pilot Program. (5) Effective date of interim final standard The interim final standard shall— (A) take effect on a date that is not later than 30 days after issuance, except that such interim final standard may include reasonable delays due to the availability of personal protective equipment or technology; (B) have the legal effect of an occupational safety and health standard as defined by section 3(8) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(8)); and (C) remain in effect until superseded by the final standard promulgated pursuant to subsection (b). (b) Final standard (1) Proposed final standard Not later than 2 years after the submission of the report under section 5(b)(5), pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall promulgate a proposed final standard with respect to protecting the health of wildland firefighters— (A) for the purpose described in subparagraphs (A) and (B) of subsection (a)(1); and (B) that shall provide at least as much protection as the interim final standard promulgated under subsection (a). (2) Final standard Not later than 5 years after the submission of the final report described in section 5(b)(5), the Secretary shall issue a final standard that shall— (A) take effect on a date that is not later than 30 days after issuance, except that such final standard may include reasonable delays due to the availability of personal protective equipment or technology; (B) provide no less protection than any wildland firefighter health standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), provided the Secretary finds that the final standard is feasible on the basis of the best available evidence; (C) be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and (D) comply with the requirements described in subsection (c). (c) Requirements for final standard The requirements described in this subsection shall require— (1) implementation of engineering and administrative controls, exposure minimization strategies, and operational adjustments when exposure thresholds are exceeded; (2) strategies to encourage respiratory protection from smoke and other hazards including providing fire personnel with the appropriate equipment to protect from wildfire smoke and other respiratory hazards; (3) training and education materials to fire personnel regarding— (A) how to properly use protective equipment; (B) how long and under what conditions the protective equipment is effective; (C) the potential health impacts of breathing wildfire smoke without proper protection; (D) how heat illness happens, how to recognize it, and how to prevent and treat it; and (E) any additional areas deemed critical for the safety and health of wildland firefighters; (4) strategies to reduce dermal exposure to toxic and hazardous substances and conditions and exposure to PFAS in firefighter gear; (5) guidance on use of exposure monitoring equipment; (6) medical monitoring and surveillance to identify early indicators of exposure-related illness; and (7) decontamination equipment installed in duty stations, vehicles, and other relevant spaces. (d) Collaboration The Department of Labor Secretary shall coordinate with the Wildland Firefighter Health Task Force and Advisory Panel when promulgating the standards described in subsection (a) and (b). (e) Compliance assistance The Secretary shall provide technical assistance and advice, consistent with section 21 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 670(d)) to employers subject to the standards with respect to compliance with the standard.