Dive Brief:
- New legislation to ban local governments in Florida forcing to protect the heat exposure for workers approved by the state Senate last week. The bill is now on the desk of Republican Gov. Ron DeSantis, who will need to sign it into law within a year.
- House Bill 433 prohibits localities in the Sunshine State from mandating such protections, such as providing workers with water, rest and shade.
- Should DeSantis sign it, effective July 1, Florida counties and cities will not be able to require employers to have any type of mitigation in extreme heat, even for outdoor workers in construction and agriculture.
Diving knowledge:
Last summer, Texas grabbed national headlines for legislation that eliminated heat-related employer rules in all municipalities, including rules that require water breaks for outdoor workers in industries such as construction. Dubbed by critics as “the Death Star Bill”. led to a legal battleBut finally came into effectthat is, employers cannot be required to provide workers with outdoor water breaks or time in the shade to prevent potential heat-related illnesses.
OSHA does not yet have a specific federal standard for thermal safety, although the agency has embarked on the process of developing one. The Florida law contains plans for a standard if OSHA’s development is delayed.
Under the new law, if federal OSHA has not developed rules governing heat by July 1, 2028, the state Department of Commerce must adopt a heat exposure requirement throughout state, which the legislature should ratify.
The Florida bill could respond to a Miami-Dade heat regulation proposal last year that would have required contractors to provide shade and water to workers when the heat rises above 90 degrees F, Trent Cotney said , partner and construction team leader in Tampa, Florida. Adams and Reese Law Firm.
As Texas has done before, lawmakers aim to reduce “incongruous thermal safety regulations,” Cotney told Construction Dive. The Miami-Dade’s proposal was watered down and was delayed before it could take effect.
Pushing back
State Rep. Anna Eskamani, a Democrat, opposed House Bill 433, and objected to the argument on several municipal pieces of legislation.
“I empathize with that [argument], but these requirements are very basic. They’re not onerous, they’re not too onerous,” he told Construction Dive, adding that many companies operating in multiple counties and cities have the resources to keep track of the various rules.
Eskamani said the main reason he opposed the regulation is that it relies on employers to self-police the lack of state standards.
“I’m just concerned that by putting that responsibility on the private sector, there’s good bosses to make sure there’s water, rest, shade, bathroom breaks, but the reality is there are times when that’s not going to happen,” he said.
Florida House Rep. Tiffany Esposito, a Republican who sponsored the Florida bill, did not respond to Construction Dive’s request for comment. During the House debate, he said the bill will help workers in the state by creating the conditions for employers to succeed.
“We have to protect jobs if we want to have the economic prosperity that we continue to see in Florida,” he said. according to Florida Health News.
Lack of a federal standard
About 1,220 people die from heat-related illnesses each year in the US, according to the Centers for Disease Control and Prevention. The agency says these deaths are preventable and that outdoor workers are especially susceptible to heat-related illnesses.
With temperatures rising due to climate change, critics were particularly critical of the timing of the new rule in Florida, one of the nation’s hottest states.
“By passing a heartless, unnecessary and short-sighted bill, elected officials are turning their backs on workers and ignoring the dangers of working outdoors in scorching heat.,” Jessica E. Martinez, co-executive director of the National Occupational Safety and Health Council, said in a statement.
Martinez pointed to the years it will take OSHA to act, saying Florida’s regulations slow governments’ efforts to protect local workers.
“The prospect of it taking years to implement heat protections nationally is appalling. Preventing local jurisdictions from acting quickly is not only short-sighted and unfair, but also exposes workers to unnecessary risks,” he said.
Taking action
Other states have taken steps to prepare for continued high temperatures for both workers and private citizens.
Last week, Arizona became the first state in the country appoint a heat officer. Dr. Eugene Livar will implement Gov. Katie Hobb’s Extreme Heat Preparedness Plan.
Phoenix and Miami, two of the nation’s hottest cities, each have their own city heat officer to help address health issues in extremely high temperatures.
