Florida has joined Texas in outlawing local heat protections for outdoor workers

Florida is set to become the second state to prohibit local governments from mandating heat protection for outdoor workers. Governor Ron DeSantis, a Republican, has signed House Bill 433 into law.

The law, signed by DeSantis last week, will come into effect on July 1. It introduces several limitations for city and county governments, including their ability to enforce heat exposure requirements that are not currently mandated by state or federal law.

Republican Rep. Tiffany Esposito of Fort Myers, who sponsored the House version of the bill, expressed to reporters that her husband has been actively involved in the construction sector in South Florida for the past two decades. She emphasized her understanding that the industry prioritizes the safety of its workers.

According to Esposito, this bill prioritizes the needs of the people. He believes that Floridians can thrive by having access to quality job opportunities. Additionally, he emphasizes the connection between job stability and overall health and wellness. Esposito argues that in order to ensure the well-being of all Floridians, it is crucial to support businesses and avoid any actions that could potentially harm them.

Florida is home to around two million individuals who work in various outdoor occupations, ranging from construction to agriculture, as reported by the Union of Concerned Scientists. During the summer months, the state experiences scorching temperatures that can soar up to 95 degrees Fahrenheit, and when combined with the high humidity and intense sunlight, it often feels like well over 100 degrees.

What is HB 433?

House Bill 433, known as the Employment Regulations Bill, aims to prevent city and county governments from enforcing a minimum wage that differs from the state or federal minimum wage. Additionally, it aims to prohibit political subdivisions from influencing or granting preferences based on the wages or employment benefits of businesses associated with the political subdivision. The bill also includes revisions and clarifications regarding its applicability.

The bill’s summary outlines the prohibition of political subdivisions from implementing heat exposure protections.

• • Requiring an employer, including an employer contracting with the political subdivision, to meet or provide heat exposure requirements not otherwise required under state or federal law.
  • Giving preference, or considering or seeking information, in a competitive solicitation to an employer based on the employer’s heat exposure requirements.

The analysis of the bill delves further into the rationale behind regulating heat exposure protections, highlighting that the Occupational Safety and Health Administration (OSHA) has honed its expertise in this area over time. It emphasizes the importance of education and fostering strong collaboration between employers and employees in order to effectively prevent heat-related illnesses.

According to the bill, local governments have begun implementing their own workplace heat exposure requirements. However, these requirements often only apply to specific industries and fail to address the individual responsibility of employees to follow guidelines and protect themselves from heat-related illnesses. Instead, they rely on fines and penalties imposed on employers to fund the enforcement of these requirements.

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What are Florida’s statewide heat exposure protections?

Florida currently lacks a statewide standard for heat exposure protection, despite acknowledging in its summary that counties and cities should align with the state’s positions. However, the text of the bill strongly endorses the guidelines set forth by OSHA in addressing this issue.

Most private-sector workers in Florida fall under the jurisdiction of federal OSHA, providing them with workplace safety regulations. It is important to note that state and local government workers are not included in the coverage provided by federal OSHA.

OSHA has established a “general duty clause” which mandates that employers must ensure that their workplaces are free from recognized hazards that have the potential to result in death or severe physical harm. This obligation extends to heat-related hazards that pose a significant risk of causing fatalities or serious bodily injuries.

What does HB 433 mean for workers in Florida cities and counties?

The proposed legislation would render any local heat protection measures “void and prohibited” across all 67 counties in Florida.

Miami-Dade County’s proposal to mandate 10-minute breaks in the shade every two hours for outdoor construction or farm workers would be rendered ineffective by this legislation. Despite years of negotiations, county commissioners had the item on their agenda until the law was signed.

During a press conference on Friday, Governor DeSantis discussed the bill and acknowledged the concerns raised by Miami-Dade County.

He expressed his belief that the issue was localized and did not affect any other area in the state. According to him, the actions taken were potentially problematic and could lead to significant challenges in that specific region.

According to a statement from Luigi Guadarrama, the political director of the Sierra Club Florida, the recently passed law is just another instance of DeSantis’ failure to prioritize the well-being of the state’s environment, economy, and workforce.

Guadarrama criticized the governor’s approach, stating that instead of tackling the pressing issue of safeguarding the workforce, he opted to neglect millions of hard-working Floridians, thereby exposing the state to heightened vulnerability in the face of climate change. Guadarrama further accused the governor of consistently disregarding the actual concerns that affect Florida’s families, all in an effort to please his donors and cater to the interests of large corporations.

How many heat-related deaths does Florida have a year?

Between 2010 and 2020, there were a total of 215 heat-related deaths recorded in Florida by the University of Florida. The annual number of deaths varied, ranging from 10 to 28.

The Centers for Disease Control and Prevention has reported a staggering 95% increase in average annual heat-related deaths from 2010 to 2022. Tragically, approximately 1,200 individuals lose their lives each year in the United States due to these extreme heat conditions.

According to the Florida Climate Center at Florida State University, this summer, Florida is expected to see an increase in the number of days with extreme heat, defined as temperatures reaching at least 95 degrees, compared to the 30-year average.

What other state ended local heat protection ordinances?

Last year, House Bill 2127 in Texas put a stop to the authority of city and county governments to enforce protections for outdoor workers.

Republican Governor Greg Abbott signed the bill on June 13, and it went into effect on September 1. This law put an end to important safeguards, such as the city of Austin’s 2010 ordinance that required construction sites to provide rest and water breaks of at least 10 minutes every four hours, as well as the city of Dallas’ similar ordinance implemented in 2015.

San Antonio had been contemplating implementing a similar measure even before the approval of HB 2127.

What states have heat protections in place?

California was the first state to offer statewide heat protections after four farm workers tragically lost their lives to heat stroke in 2005. Currently, only five states provide these essential protections.

In order to ensure the safety and well-being of workers during hot weather, the following states have implemented regulations that require employers to provide shade and water:

• • California
  • Colorado
  • Minnesota
  • Oregon
  • Washington

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