HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 1 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to heat illness prevention in outdoor 2
environment industries; creating s. 448.111, F.S.; 3
providing applicability; defining terms; providing 4
responsibilities for certain employers and employees; 5
providing an exception; requiring employers to provide 6
annual training for employees and supervisors; 7
requiring the Department of Agriculture and Consumer 8
Services, in conjunction with the Department of 9
Health, to adopt specified rules; providing an 10
effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 448.111, Florida Statutes, is created 15
to read: 16
448.111 Heat illness prevention. — 17
(1) APPLICABILITY.— 18
(a) This section applies to employers in industries where 19
employees regularly perform work in an outdoor environment, 20
including, but not limited to, agriculture, construction, and 21
landscaping. 22
(b) This section does not apply to an employee who is 23
required to work in an outdoor environment for fewer than 15 24
minutes per hour for every hour in the employee's entire 25
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 2 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
workday. 26
(c) This section is supplemental to all related industry -27
specific standards. When the requirements under this section 28
offer greater protection than related industry -specific 29
standards, an employer shall comply with the requirements of 30
this section. 31
(2) DEFINITIONS.—As used in this section, the term: 32
(a) "Acclimatization" means temporary adaptation of a 33
person to work in the heat th at occurs when a person is 34
gradually exposed to heat over a 2 -week period at a 20 percent 35
increase in heat exposure per day. 36
(b) "Drinking water" means potable water. The term 37
includes electrolyte -replenishing beverages that do not contain 38
caffeine. 39
(c) "Employee" means a person who performs services for 40
and under the control and direction of an employer for wages or 41
other remuneration. The term includes an independent contractor 42
and a farm labor contractor as defined in s. 450.28. 43
(d) "Employer" mean s an individual, a firm, a partnership, 44
an institution, a corporation, an association, or an entity 45
listed in s. 121.021(10) that employs individuals. 46
(e) "Environmental risk factors for heat illness" means 47
working conditions that create the possibility of heat illness, 48
including air temperature, relative humidity, radiant heat from 49
the sun and other sources, conductive heat from sources such as 50
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 3 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the ground, air movement, workload severity and duration, and 51
protective clothing and equipment worn by an empl oyee. 52
(f) "Heat illness" means a medical condition resulting 53
from the body's inability to cope with a particular heat level. 54
The term includes heat cramps, heat exhaustion, heat syncope, 55
and heat stroke. 56
(g) "Outdoor environment" means a location where work 57
activities are conducted outside. The term includes locations 58
such as sheds, tents, greenhouses, or other structures where 59
work activities are conducted inside, but the temperature is not 60
managed by devices that reduce heat exposure and aid in coolin g, 61
such as air-conditioning systems. 62
(h) "Personal risk factors for heat illness" means factors 63
specific to an individual, including his or her age; health; 64
pregnancy; degree of acclimatization; water, alcohol, or 65
caffeine consumption; use of prescriptio n medications; or other 66
physiological responses to heat. 67
(i) "Recovery period" means a cool -down period to reduce 68
an employee's heat exposure and to aid the employee in cooling 69
down and avoiding the signs or symptoms of heat illness. 70
(j) "Shade" means an area that is not in direct sunlight. 71
(k) "Supervisor" has the same meaning as in s. 448.101. 72
(3) RESPONSIBILITIES. —An employer of employees who 73
regularly work in an outdoor environment shall implement an 74
outdoor heat exposure safety program that has been approved by 75
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 4 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Department of Agriculture and Consumer Services and the 76
Department of Health and that must, at a minimum: 77
(a) Train and inform supervisors and employees about heat 78
illness, how to protect themselves and coworkers from heat 79
illness, how to recognize the signs and symptoms of heat illness 80
in themselves and coworkers, and appropriate first -aid measures 81
that can be used before medical attention arrives in the event 82
of a serious heat-related illness event. 83
(b) Provide preventative and f irst-aid measures such as 84
loosening clothing, loosening or removing heat -retaining 85
protective clothing and equipment, accessing shade, applying 86
cool or cold water to the body, and drinking cool or cold water 87
to address the signs or symptoms of heat illness . 88
(c) Implement the following high -heat procedures, to the 89
extent practicable, when an employer, a manager, a supervisor, 90
or a contractor determines that the outdoor heat index equals or 91
exceeds 90 degrees Fahrenheit: 92
1. Ensure that effective communica tion by voice, 93
observation, or electronic means is initiated and maintained so 94
that an employee may contact an employer, a manager, a 95
supervisor, a contractor, or an emergency medical services 96
provider if necessary. 97
2. Provide a sufficient amount of cool or cold drinking 98
water at a location that is quickly and easily accessible from 99
the area where employees work to accommodate all employees 100
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 5 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
throughout the workday, and remind employees throughout the 101
workday to consume such water. 102
3. Ensure that each emp loyee takes a 10-minute recovery 103
period every 2 hours that the employee is working in an outdoor 104
environment under high -heat conditions. The recovery period may 105
be concurrent with a meal period required by law if the timing 106
of the recovery period coincides with a required meal period. 107
(4) DRINKING WATER. —An employer shall ensure that a 108
sufficient quantity of cool or cold, clean drinking water is at 109
all times readily accessible and free of charge to employees who 110
work in an outdoor environment. Such drinki ng water shall be 111
located as close as practicable to the areas where employees 112
work. If drinking water is not plumbed or otherwise continuously 113
supplied, an employer must supply a sufficient quantity of 114
drinking water at the beginning of the workday so eac h employee 115
has at least 1 quart of drinking water per hour for every hour 116
in the employee's entire workday. An employer may supply a 117
smaller quantity of drinking water at the beginning of the 118
workday if the employer has adequate procedures in place to 119
allow the employee access to drinking water as needed so the 120
employee has at least 1 quart of drinking water per hour for 121
every hour in the employee's entire workday. 122
(5) ACCESS TO SHADE. — 123
(a) When the supervisor determines that the outdoor heat 124
index equals or exceeds 80 degrees Fahrenheit, the employer must 125
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 6 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
maintain one or more areas with shade that are open to the air 126
or offer ventilation or cooling at all times in the area where 127
employees are working. The amount of shade present must be able 128
to accommodate the total number of employees participating in a 129
recovery period at one time without the employees having to be 130
in physical contact with each other. 131
(b) An employee who exhibits mild to moderate signs or 132
symptoms of heat illness shall be relieved fro m duty, provided 133
with access to shade for at least 15 minutes or until such signs 134
or symptoms of heat illness have abated, and monitored to 135
determine whether medical attention is necessary. If such signs 136
or symptoms do not abate within such time period, an employer 137
shall seek medical attention in a timely manner for the 138
employee. If an employee exhibits serious signs or symptoms of 139
heat illness, an employer must seek medical attention 140
immediately for the employee and provide first -aid measures. 141
(c) If an employer can demonstrate that it is unsafe or 142
not feasible to provide an area with shade, the employer may 143
provide alternative cooling measures as long as the employer can 144
demonstrate that such measures are at least as effective as an 145
area with shade in re ducing heat exposure. 146
(6) TRAINING.—An employer shall provide annual training 147
that has been approved by the Department of Agriculture and 148
Consumer Services and the Department of Health for all employees 149
and supervisors in the languages understood by a ma jority of the 150
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 7 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employees and supervisors. An employee who regularly works, or 151
who is in the process of acclimatization, in an outdoor 152
environment shall participate in the training that is provided 153
by the employer. Such training shall be made available throu gh 154
the Department of Agriculture and Consumer Services and the 155
Department of Health. Training information shall be written in 156
English and translated into all languages understood by the 157
employees and supervisors. Supervisors shall make such written 158
materials available upon request. 159
(a) Training on the following topics shall be provided to 160
all employees who work in an outdoor environment: 161
1. The environmental risk factors for heat illness. 162
2. General awareness of personal risk factors for heat 163
illness. An employee is responsible for monitoring his or her 164
own personal risk factors for heat illness. 165
3. The importance of loosening clothing and loosening or 166
removing heat-retaining protective clothing and equipment, such 167
as nonbreathable chemical -resistant clothing and equipment, 168
during all recovery and rest periods, breaks, and meal periods. 169
4. The importance of frequent consumption of cool or cold 170
drinking water. 171
5. The concept, importance, and methods of 172
acclimatization. 173
6. The common signs and sym ptoms of heat illness, 174
including, but not limited to, neurological impairment, 175
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 8 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
confusion, or agitation. 176
7. The importance of immediately reporting to the 177
employer, directly or through a supervisor, signs or symptoms of 178
heat illness in the employee or a c oworker, and the importance 179
of immediately receiving medical attention if the employee or 180
coworker exhibits any signs or symptoms of heat illness. 181
8. The employer's outdoor heat exposure safety program and 182
related high-heat procedures. 183
(b) Training on all of the following topics shall be 184
provided to all supervisors before they are authorized to 185
supervise employees who work in an outdoor environment: 186
1. Information that must be provided to employees. 187
2. Procedures that must be followed to implement this 188
section. 189
3. Procedures that must be followed when an employee 190
exhibits or reports any signs or symptoms of heat illness. 191
4. Procedures that must be followed when transporting an 192
employee who exhibits or reports any signs or symptoms of heat 193
illness to an emergency medical services provider in a timely 194
manner. 195
(7) RULEMAKING.—The Department of Agriculture and Consumer 196
Services, in conjunction with the Department of Health , shall 197
adopt rules to implement this section, including, but not 198
limited to, approved training programs, approved training 199
providers, and a certification process to acknowledge an 200
HB 887 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0887-00
Page 9 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employer's compliance with training requirements. 201
Section 2. This act shall take effect October 1, 2022. 202