sixty days from the date notice of such promulgation, approval, or action appears in the Federal Register. (C) Not subject to review Action of the Secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in civil or criminal proceedings for enforcement. Failure to promulgate any standard pursuant to the schedule established by this section shall be subject to review. 4. Implementation and enforcement (a) In general Except as otherwise provided by this section— (1) a worker heat protection standard shall have the same legal effect as 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) )