Overview

Title

To amend the Occupational Safety and Health Act of 1970 to ensure labels or other appropriate forms of warning are provided in English and in the language indicated by each employee exposed to the hazard as the primary language of such employee, and for other purposes.

ELI5 AI

H. R. 8739 is a plan to make sure that workplace safety warnings are in English and also in the language that workers best understand, so everyone can stay safe. It also helps pay for translating these warnings for workers who speak different languages.

Summary AI

H. R. 8739 seeks to amend the Occupational Safety and Health Act of 1970 to ensure that safety labels and warnings are available in both English and the primary language of each worker who might come into contact with a hazard. The bill requires the Secretary of Labor to update existing standards to ensure this multilingual label requirement is met. Additionally, the bill authorizes the Secretary to provide grants to organizations that help translate workplace documents and training materials into languages that non-English-speaking workers can understand. Priority for these grants is given to groups serving migrant and agricultural workers, who may face language barriers in their workplaces.

Published

2024-06-13
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-13
Package ID: BILLS-118hr8739ih

Bill Statistics

Size

Sections:
4
Words:
868
Pages:
5
Sentences:
22

Language

Nouns: 249
Verbs: 80
Adjectives: 61
Adverbs: 5
Numbers: 29
Entities: 52

Complexity

Average Token Length:
4.36
Average Sentence Length:
39.45
Token Entropy:
4.95
Readability (ARI):
22.41

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Language Access for Workers Act," aims to enhance workplace safety by amending the Occupational Safety and Health Act of 1970. The amendment mandates that safety labels and warnings be provided not only in English but also in the primary language of employees exposed to potential hazards. The bill further establishes a framework for grants to assist in translation services, especially focusing on industries with large populations of migrant workers or employees with limited English proficiency.

Summary of Significant Issues

Language Compliance Costs: One major issue associated with this bill is the potential financial and logistical burden on employers who must ensure that safety labels and warnings are translated into multiple languages. The term "language understood by employees" is somewhat subjective and may pose difficulties in standardizing across diverse workplaces.

Grant Allocation Transparency: The bill permits grants for translation services to eligible entities, though the criteria to define these entities are broad and less specific than some might hope. This broadness could lead to inefficiencies or even misuse of funds, as grants might not always go to entities that would provide the greatest benefit.

Subjective Compliance Standards: There is a mandate for materials to be "appropriately prepared for the vocabulary, educational level, and literacy" of the workforce. The lack of specificity in what qualifies as "appropriate" might lead to inconsistencies in execution, potentially inviting legal challenges from entities that feel compliance standards are unclear or misapplied.

Timeliness of Implementation: The bill sets a 180-day deadline for the Secretary of Labor to update relevant standards. This timeline may be perceived as inadequate given the complexity involved in translating and implementing these multilanguage requirements effectively across varied industries.

Public and Stakeholder Impact

Impact on the General Public: Enhanced safety measures through proper language access could significantly improve workplace safety, especially in industries with high-risk environments. Workers who better understand safety protocols are likely to adhere to them closely, reducing accidents and injuries.

Positive Impact for Non-English Speaking Workers: For workers with limited English proficiency, particularly in the agricultural and service sectors, the bill stands to provide great benefits. By increasing understanding of workplace safety standards and protocols, these employees may experience a safer working environment and a better-integrated workplace experience.

Potential Challenges for Employers: Small businesses and employers with diverse workforces may face challenges due to the additional costs and logistics involved in complying with the multilingual requirements. Determining which languages are necessary and how to accurately convey information suited to various literacy levels could entail significant investigative and administrative effort.

Impact on Translation Service Providers: Entities that offer translation services might see increased demand as businesses seek to comply with the bill's requirements. However, they might need clear guidelines to ensure the services provided meet all necessary criteria effectively.

Funding and Resource Allocation: The allocation of grants could enable organizations and employers to better provide necessary translation services, but the process needs clarity to avoid favoritism and ensure that funds are used effectively to serve the intended population.

By addressing these elements thoroughly and clearly, the bill has the potential to make notable improvements in workplace safety and inclusivity for non-English-speaking workers, provided that the execution of these requirements is managed effectively.

Issues

  • The requirement in Section 2 for labels and warnings to be provided in both English and a language understood by employees might result in significant additional costs and logistical challenges for businesses to determine and implement this requirement. This could be contentious due to varying interpretations of what constitutes an 'understood' language and the potential financial burden on employers, especially small businesses.

  • In Section 4, the criteria for determining 'eligible entities' and the subsequent allocation of grants for translation services are vague and might lead to inefficiencies or misuse of funds. The broad definition of 'eligible entity' could result in grants not necessarily being awarded to the most impactful or necessary organizations.

  • The directive in Section 2 to prepare materials 'appropriately for the vocabulary, educational level, and literacy of such employees' is subjectively defined, potentially leading to inconsistencies in compliance and legal disputes over whether requirements were met adequately.

  • The absence of clear guidelines in Section 4 for the measurement and evaluation of the impact of grants for translation services could result in difficulties in assessing the effectiveness of the funded services, raising concerns about accountability and proper use of public funds.

  • The 180-day timeline in Section 3 for the Secretary of Labor to amend standards might be perceived as insufficient, given the potentially complex nature of the changes required to comply with the new multilingual labeling and warning requirements. This could lead to rushed or inadequate standard amendments, affecting worker safety.

  • Section 4 lacks specific guidelines on how the Secretary of Labor prioritizes the awarding of grants, leading to potential bias or lack of transparency in the distribution of funds, which might require further legislative clarification or oversight.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states the short title, indicating that the act can be referred to as the “Language Access for Workers Act.”

2. Amendment to OSHA Read Opens in new tab

Summary AI

The amendment to the Occupational Safety and Health Act requires that safety labels or warnings be provided in both English and a language that employees, who are likely to face the hazard, can understand, taking into account their vocabulary, education, and literacy level.

3. Rulemaking Read Opens in new tab

Summary AI

The section requires the Secretary to update any workplace safety standards under the Occupational Safety and Health Act within 180 days to align with new changes introduced by section 2 of this act.

4. Grants authorized for translation services Read Opens in new tab

Summary AI

The section authorizes the Secretary of Labor to provide grants to organizations and employers to offer translation services for people who struggle with English, especially in areas with many migrant workers or in agriculture and service industries. Priority is given to organizations that support these groups, and they must report annually on how they use the grants, while the Secretary of Labor will report this information to Congress.