Local mandates protecting workers from heat would be banned under Florida bill – GWC Mag

Dive Brief:

• New legislation to ban local governments in Florida from mandating heat exposure protections for workers passed the state’s Senate last week. The bill is now on the desk of Republican Gov. Ron DeSantis, who will need to sign it within a year for it to become law.
• House Bill 433 prohibits localities in the Sunshine State from mandating these protections, such as providing workers with water, rest and shade.
• Should DeSantis sign it, effective July 1, counties and cities in Florida will not be able to require employers to have any type of mitigations to extreme heat, even for outdoor workers in construction and agriculture. 

Dive Insight:

Last summer, Texas nabbed national headlines for legislation that eliminated heat-related employer rules across municipalities, including rules mandating water breaks for outdoor workers in industries like construction. Dubbed “the Death Star Bill” by critics, it led to a legal battle, but ultimately went into effect, meaning employers cannot be required to provide workers with outdoor water breaks or time in the shade to avoid potential heat-related illnesses.

The federal Occupational Safety and Health Administration still lacks a specific federal standard for heat safety, though the agency has embarked on the process of developing one. The Florida law contains plans for a standard if OSHA’s development lags.

Per the new law, if federal OSHA hasn’t developed rules regulating heat by July 1, 2028, the state Department of Commerce must adopt a statewide heat exposure requirement, which the legislature would then need to ratify.

The Florida bill could be in response to a proposed Miami-Dade heat regulation last year that would have required contractors to offer shade and water to workers when heat rises above 90 degrees F, said Trent Cotney, partner and construction team leader for Tampa, Florida-based law firm Adams and Reese.

Much like Texas had done before, legislators aim to reduce “incongruent heat safety regulations,” Cotney told Construction Dive. The Miami-Dade proposal was watered down and delayed before it could take effect.

Pushing back

State Rep. Anna Eskamani, a Democrat, opposed House Bill 433, and she pushed back against the argument around varied municipal legislations.

“I empathize with that [argument], but these requirements are very basic. They’re not strenuous, they’re not overly burdensome,” she told Construction Dive, adding that many companies operating across multiple counties and cities have the resources to track the varied rules.

Eskamani said the primary reason she opposed the regulation is that it depends on employers to self-police in the face of lacking state standards.

“I just worry that putting that responsibility on the private sector, there will be good bosses that ensure that there are water, rest, shade, bathroom breaks, but the reality is that there are times where that will not happen,” she said.

Florida House Rep. Tiffany Esposito, a Republican who sponsored the Florida bill, did not respond to Construction Dive’s request for comment. During House debate, she said the bill will help workers in the state by creating the conditions for employers to be successful.

“We have to protect jobs if we want to have the economic prosperity that we continue to see in Florida,” she said, according to Florida Health News.

Lacking a federal standard

About 1,220 people die from heat-related illness every year in the U.S., according to the Centers for Disease Control and Prevention. The agency says these deaths are preventable, and outdoor workers are particularly susceptible to heat-related illness.

With rising temperatures due to climate change, critics particularly lambasted the timing of the new rule in Florida, one of the hottest states in the country.

“In passing a heartless, unnecessary and shortsighted bill, elected officials are turning their backs on workers and disregarding the dangers of working outdoors in searing heat,” said Jessica E. Martinez, co-executive director of the National Council for Occupational Safety and Health, in a statement. 

Martinez noted the years it will take OSHA to act, saying the Florida regulations hamstring efforts from governments to protect local workers.

“The prospect of it taking years to implement nationwide heat protections is appalling. Preventing local jurisdictions from acting promptly is not only shortsighted and unjust but also exposes workers to needless risks,” she said.

Taking action

Other states have taken action to prepare for continued elevated temperatures for workers and private citizens alike.

Last week, Arizona became the first state in the country to appoint a heat officer. Dr. Eugene Livar will carry out Gov. Katie Hobb’s extreme heat preparedness plan. 

Phoenix and Miami, two of the hottest cities in the country, each have their own city heat officer to help address health issues in extreme high temperatures.