Florida 2022 Regular Session

Florida House Bill H0887 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to heat illness prevention in outdoor 2
16	16	environment industries; creating s. 448.111, F.S.; 3
17	17	providing applicability; defining terms; providing 4
18	18	responsibilities for certain employers and employees; 5
19	19	providing an exception; requiring employers to provide 6
20	20	annual training for employees and supervisors; 7
21	21	requiring the Department of Agriculture and Consumer 8
22	22	Services, in conjunction with the Department of 9
23	23	Health, to adopt specified rules; providing an 10
24	24	effective date. 11
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26	26	Be It Enacted by the Legislature of the State of Florida: 13
27	27	14
28	28	Section 1. Section 448.111, Florida Statutes, is created 15
29	29	to read: 16
30	30	448.111 Heat illness prevention. — 17
31	31	(1) APPLICABILITY.— 18
32	32	(a) This section applies to employers in industries where 19
33	33	employees regularly perform work in an outdoor environment, 20
34	34	including, but not limited to, agriculture, construction, and 21
35	35	landscaping. 22
36	36	(b) This section does not apply to an employee who is 23
37	37	required to work in an outdoor environment for fewer than 15 24
38	38	minutes per hour for every hour in the employee's entire 25
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47	47	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
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51	51	workday. 26
52	52	(c) This section is supplemental to all related industry -27
53	53	specific standards. When the requirements under this section 28
54	54	offer greater protection than related industry -specific 29
55	55	standards, an employer shall comply with the requirements of 30
56	56	this section. 31
57	57	(2) DEFINITIONS.—As used in this section, the term: 32
58	58	(a) "Acclimatization" means temporary adaptation of a 33
59	59	person to work in the heat th at occurs when a person is 34
60	60	gradually exposed to heat over a 2 -week period at a 20 percent 35
61	61	increase in heat exposure per day. 36
62	62	(b) "Drinking water" means potable water. The term 37
63	63	includes electrolyte -replenishing beverages that do not contain 38
64	64	caffeine. 39
65	65	(c) "Employee" means a person who performs services for 40
66	66	and under the control and direction of an employer for wages or 41
67	67	other remuneration. The term includes an independent contractor 42
68	68	and a farm labor contractor as defined in s. 450.28. 43
69	69	(d) "Employer" mean s an individual, a firm, a partnership, 44
70	70	an institution, a corporation, an association, or an entity 45
71	71	listed in s. 121.021(10) that employs individuals. 46
72	72	(e) "Environmental risk factors for heat illness" means 47
73	73	working conditions that create the possibility of heat illness, 48
74	74	including air temperature, relative humidity, radiant heat from 49
75	75	the sun and other sources, conductive heat from sources such as 50
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84	84	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
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88	88	the ground, air movement, workload severity and duration, and 51
89	89	protective clothing and equipment worn by an empl oyee. 52
90	90	(f) "Heat illness" means a medical condition resulting 53
91	91	from the body's inability to cope with a particular heat level. 54
92	92	The term includes heat cramps, heat exhaustion, heat syncope, 55
93	93	and heat stroke. 56
94	94	(g) "Outdoor environment" means a location where work 57
95	95	activities are conducted outside. The term includes locations 58
96	96	such as sheds, tents, greenhouses, or other structures where 59
97	97	work activities are conducted inside, but the temperature is not 60
98	98	managed by devices that reduce heat exposure and aid in coolin g, 61
99	99	such as air-conditioning systems. 62
100	100	(h) "Personal risk factors for heat illness" means factors 63
101	101	specific to an individual, including his or her age; health; 64
102	102	pregnancy; degree of acclimatization; water, alcohol, or 65
103	103	caffeine consumption; use of prescriptio n medications; or other 66
104	104	physiological responses to heat. 67
105	105	(i) "Recovery period" means a cool -down period to reduce 68
106	106	an employee's heat exposure and to aid the employee in cooling 69
107	107	down and avoiding the signs or symptoms of heat illness. 70
108	108	(j) "Shade" means an area that is not in direct sunlight. 71
109	109	(k) "Supervisor" has the same meaning as in s. 448.101. 72
110	110	(3) RESPONSIBILITIES. —An employer of employees who 73
111	111	regularly work in an outdoor environment shall implement an 74
112	112	outdoor heat exposure safety program that has been approved by 75
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121	121	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
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125	125	the Department of Agriculture and Consumer Services and the 76
126	126	Department of Health and that must, at a minimum: 77
127	127	(a) Train and inform supervisors and employees about heat 78
128	128	illness, how to protect themselves and coworkers from heat 79
129	129	illness, how to recognize the signs and symptoms of heat illness 80
130	130	in themselves and coworkers, and appropriate first -aid measures 81
131	131	that can be used before medical attention arrives in the event 82
132	132	of a serious heat-related illness event. 83
133	133	(b) Provide preventative and f irst-aid measures such as 84
134	134	loosening clothing, loosening or removing heat -retaining 85
135	135	protective clothing and equipment, accessing shade, applying 86
136	136	cool or cold water to the body, and drinking cool or cold water 87
137	137	to address the signs or symptoms of heat illness . 88
138	138	(c) Implement the following high -heat procedures, to the 89
139	139	extent practicable, when an employer, a manager, a supervisor, 90
140	140	or a contractor determines that the outdoor heat index equals or 91
141	141	exceeds 90 degrees Fahrenheit: 92
142	142	1. Ensure that effective communica tion by voice, 93
143	143	observation, or electronic means is initiated and maintained so 94
144	144	that an employee may contact an employer, a manager, a 95
145	145	supervisor, a contractor, or an emergency medical services 96
146	146	provider if necessary. 97
147	147	2. Provide a sufficient amount of cool or cold drinking 98
148	148	water at a location that is quickly and easily accessible from 99
149	149	the area where employees work to accommodate all employees 100
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158	158	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
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162	162	throughout the workday, and remind employees throughout the 101
163	163	workday to consume such water. 102
164	164	3. Ensure that each emp loyee takes a 10-minute recovery 103
165	165	period every 2 hours that the employee is working in an outdoor 104
166	166	environment under high -heat conditions. The recovery period may 105
167	167	be concurrent with a meal period required by law if the timing 106
168	168	of the recovery period coincides with a required meal period. 107
169	169	(4) DRINKING WATER. —An employer shall ensure that a 108
170	170	sufficient quantity of cool or cold, clean drinking water is at 109
171	171	all times readily accessible and free of charge to employees who 110
172	172	work in an outdoor environment. Such drinki ng water shall be 111
173	173	located as close as practicable to the areas where employees 112
174	174	work. If drinking water is not plumbed or otherwise continuously 113
175	175	supplied, an employer must supply a sufficient quantity of 114
176	176	drinking water at the beginning of the workday so eac h employee 115
177	177	has at least 1 quart of drinking water per hour for every hour 116
178	178	in the employee's entire workday. An employer may supply a 117
179	179	smaller quantity of drinking water at the beginning of the 118
180	180	workday if the employer has adequate procedures in place to 119
181	181	allow the employee access to drinking water as needed so the 120
182	182	employee has at least 1 quart of drinking water per hour for 121
183	183	every hour in the employee's entire workday. 122
184	184	(5) ACCESS TO SHADE. — 123
185	185	(a) When the supervisor determines that the outdoor heat 124
186	186	index equals or exceeds 80 degrees Fahrenheit, the employer must 125
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195	195	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
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199	199	maintain one or more areas with shade that are open to the air 126
200	200	or offer ventilation or cooling at all times in the area where 127
201	201	employees are working. The amount of shade present must be able 128
202	202	to accommodate the total number of employees participating in a 129
203	203	recovery period at one time without the employees having to be 130
204	204	in physical contact with each other. 131
205	205	(b) An employee who exhibits mild to moderate signs or 132
206	206	symptoms of heat illness shall be relieved fro m duty, provided 133
207	207	with access to shade for at least 15 minutes or until such signs 134
208	208	or symptoms of heat illness have abated, and monitored to 135
209	209	determine whether medical attention is necessary. If such signs 136
210	210	or symptoms do not abate within such time period, an employer 137
211	211	shall seek medical attention in a timely manner for the 138
212	212	employee. If an employee exhibits serious signs or symptoms of 139
213	213	heat illness, an employer must seek medical attention 140
214	214	immediately for the employee and provide first -aid measures. 141
215	215	(c) If an employer can demonstrate that it is unsafe or 142
216	216	not feasible to provide an area with shade, the employer may 143
217	217	provide alternative cooling measures as long as the employer can 144
218	218	demonstrate that such measures are at least as effective as an 145
219	219	area with shade in re ducing heat exposure. 146
220	220	(6) TRAINING.—An employer shall provide annual training 147
221	221	that has been approved by the Department of Agriculture and 148
222	222	Consumer Services and the Department of Health for all employees 149
223	223	and supervisors in the languages understood by a ma jority of the 150
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232	232	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
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236	236	employees and supervisors. An employee who regularly works, or 151
237	237	who is in the process of acclimatization, in an outdoor 152
238	238	environment shall participate in the training that is provided 153
239	239	by the employer. Such training shall be made available throu gh 154
240	240	the Department of Agriculture and Consumer Services and the 155
241	241	Department of Health. Training information shall be written in 156
242	242	English and translated into all languages understood by the 157
243	243	employees and supervisors. Supervisors shall make such written 158
244	244	materials available upon request. 159
245	245	(a) Training on the following topics shall be provided to 160
246	246	all employees who work in an outdoor environment: 161
247	247	1. The environmental risk factors for heat illness. 162
248	248	2. General awareness of personal risk factors for heat 163
249	249	illness. An employee is responsible for monitoring his or her 164
250	250	own personal risk factors for heat illness. 165
251	251	3. The importance of loosening clothing and loosening or 166
252	252	removing heat-retaining protective clothing and equipment, such 167
253	253	as nonbreathable chemical -resistant clothing and equipment, 168
254	254	during all recovery and rest periods, breaks, and meal periods. 169
255	255	4. The importance of frequent consumption of cool or cold 170
256	256	drinking water. 171
257	257	5. The concept, importance, and methods of 172
258	258	acclimatization. 173
259	259	6. The common signs and sym ptoms of heat illness, 174
260	260	including, but not limited to, neurological impairment, 175
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269	269	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
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273	273	confusion, or agitation. 176
274	274	7. The importance of immediately reporting to the 177
275	275	employer, directly or through a supervisor, signs or symptoms of 178
276	276	heat illness in the employee or a c oworker, and the importance 179
277	277	of immediately receiving medical attention if the employee or 180
278	278	coworker exhibits any signs or symptoms of heat illness. 181
279	279	8. The employer's outdoor heat exposure safety program and 182
280	280	related high-heat procedures. 183
281	281	(b) Training on all of the following topics shall be 184
282	282	provided to all supervisors before they are authorized to 185
283	283	supervise employees who work in an outdoor environment: 186
284	284	1. Information that must be provided to employees. 187
285	285	2. Procedures that must be followed to implement this 188
286	286	section. 189
287	287	3. Procedures that must be followed when an employee 190
288	288	exhibits or reports any signs or symptoms of heat illness. 191
289	289	4. Procedures that must be followed when transporting an 192
290	290	employee who exhibits or reports any signs or symptoms of heat 193
291	291	illness to an emergency medical services provider in a timely 194
292	292	manner. 195
293	293	(7) RULEMAKING.—The Department of Agriculture and Consumer 196
294	294	Services, in conjunction with the Department of Health , shall 197
295	295	adopt rules to implement this section, including, but not 198
296	296	limited to, approved training programs, approved training 199
297	297	providers, and a certification process to acknowledge an 200
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306	306	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
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310	310	employer's compliance with training requirements. 201
311	311	Section 2. This act shall take effect October 1, 2022. 202