; and (2) comply with standards, regulations, rules, and orders promulgated under this Act. 3. Worker heat protection standards (a) Design of standards (1) In general The Secretary shall promulgate a worker heat protection standard that, in accordance with the best available evidence, establishes the maximum protective program of measures an employer shall implement to regulate employees’ exposure to heat stress and prevent heat-related illness and injury that attains the highest degree of health and safety protection to the extent feasible. (2) Considerations (A) Demonstrably achievable measures The Secretary may presume that any requirement substantially equivalent to a requirement adopted by a State plan approved by the Occupational Safety and Health Administration pursuant to section 18(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667(c) ) and that has been in effect for at least 1 year is feasible. (B) Prioritizing worker protection In weighing any considerations during rulemaking, the Secretary shall place preeminent value on assuring employees a safe and healthful working environment. (C) Available expertise If the Secretary adopts any finding or recommendation by the Institute, the American Conference of Governmental Industrial Hygienists, or the National Academies of Sciences, Engineering, and Medicine relevant to heat stress in a rulemaking pursuant to this Act, such finding or recommendation shall be considered the best available evidence. (D) Employer categories The Secretary may, in any rulemaking analysis or design of standards, cluster relevant employers in any categories such as standard industry or occupational classifications or any common or related features of heat sources, conditions of employment, employer practices, employee characteristics, or nature of place of employment that, in the Secretary’s reasonable determination, are useful for designing an effective and practicable program of standards, regulations, and enforcement that maximizes the health and safety of