The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: SB 732
INTRODUCER: Senator Rodriguez and others
SUBJECT: Heat Illness Prevention
DATE: January 19, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Fink Becker AG Favorable
2. HP
3. RC
I. Summary:
SB 732 creates s. 448.111, F.S., which provides responsibilities for certain employees and
employers relating to heat illness prevention at work. These employers include industries where
employees regularly perform work in an outdoor environment, including, but not limited to,
agriculture, construction, and landscaping. These employers are required to:
Train and inform supervisors and employees about heat illness, how to protect themselves
and coworkers, how to recognize signs and symptoms of heat illness in themselves and
coworkers, and appropriate first-aid measures;
Provide preventative and first-aid measures to address signs or symptoms of heat illness;
Ensure effective communication so that an employee may contact an employer, manager,
supervisor, contractor, or emergency medical services provider if necessary;
Provide a sufficient amount of cool or cold drinking water that is quickly and easily
accessible to employees throughout the workday and remind employees to consume water;
Ensure that each employee takes a 10-minute recovery period for every 2 hours that the
employee is working in an outdoor environment under high-heat conditions;
Provide accessible shade; and
Conduct annual training approved by the Department of Agriculture and Consumer Services
(FDACS) and the Department of Health (DOH).
The bill requires FDACS, in conjunction with DOH, to adopt rules to implement the bill.
The bill provides an effective date of October 1, 2022.
II. Present Situation:
The Federal Occupational Safety and Health Act of 1970 (OSH Act) has a General Duty Clause
that requires employers to provide a place of employment that is “free from recognized hazards
that are causing or are likely to cause death or serious physical harm to employees.” The courts
REVISED: BILL: SB 732 Page 2
have interpreted the OSH Act's General Duty Clause to mean that an employer has a legal
obligation to provide a workplace free of conditions or activities that either the employer or
industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical
harm to employees when there is a feasible method to abate the hazard. This includes heat-
related hazards that are likely to cause death or serious bodily harm.
1
Heat is the leading cause of death among all weather-related phenomena, and it is becoming
more dangerous as 18 of the last 19 years were the hottest on record.
2
Excessive heat can cause
heat stroke and even death if not treated properly. It also exacerbates existing health problems
like asthma, kidney failure, and heart disease. During the June 2021 heat wave in the Pacific
Northwest, states reported hundreds of excess deaths and thousands of emergency room visits for
heat-related illness.
3
Workers in agriculture and construction are at the highest risk, but the
problem affects all workers exposed to heat, including indoor workers without adequate climate-
controlled environments.
Each year, more than 600 Americans die from hyperthermia, one of the nation’s deadliest
weather-related health outcomes. Agriculture workers die from heat-related illness at a rate 20
times greater than the general U.S. workforce. The Heat Illness Prevention campaign, launched
by Commissioner of Agriculture Nikki Fried, provides farmworkers and agricultural employers
with the knowledge they need to make healthy decisions in the field, helping save lives and
preserving health.
4
President Biden is launching an interagency effort to respond to extreme heat. The Departments
of Labor, Health and Human Services, Homeland Security, and Agriculture; the Environmental
Protection Agency; and the National Oceanic and Atmospheric Administration are announcing a
set of actions that are intended to reduce heat-related illness, protect public health, and support
the economy.
Specifically, the Department of Labor’s Occupational Safety and Health Administration (OSHA)
issued an Advance Notice of Proposed Rulemaking (ANPRM) on heat illness prevention in
outdoor and indoor work settings. The ANPRM initiated a comment period allowing for OSHA
to gather diverse perspectives and technical expertise on topics including heat stress thresholds,
heat acclimatization planning, and exposure monitoring. This comment period was extended to
Jan 26, 2022. Because this is still in the rulemaking phase, little is known in terms of specific
rules. OSHA is also implementing an enforcement initiative on heat-related hazards in parallel
with beginning rulemaking on a heat-specific standard. This initiative will prioritize
interventions and inspections on days when the heat index exceeds 80°F.
1
Occupational Safety and Health Administration, “Heat Standards,” see
https://www.osha.gov/SLTC/heatstress/standards.html (last visited Jan. 18, 2022).
2
Occupational Safety and Health Administration, “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings
Rulemaking,” see https://www.osha.gov/heat-exposure/rulemaking (last visited Jan. 18 2022).
3
Id.
4
Florida Department of Agriculture and Consumer Services, “Heat Illness,” https://www.fdacs.gov/Agriculture-
Industry/Heat-Illness (last visited Jan. 18, 2022). BILL: SB 732 Page 3
III. Effect of Proposed Changes:
SB 732 creates s. 448.111, F.S., which provides responsibilities for certain employees and
employers relating to heat illness prevention at work.
The bill outlines the applicability of the these requirements to employers in industries where
employees regularly perform work in an outdoor environment, including, but not limited to,
agriculture, construction, and landscaping. However, these requirements do not apply to an
employee who is required to work in an outdoor environment for fewer than 15 minutes per hour
for every hour in the employee’s entire workday. These requirements are also supplemental to all
related industry-specific standards.
The bill requires employers of employees that regularly perform work in an outdoor environment
to take certain measures to prevent heat illness in employees. The bill requires such employers to
implement an outdoor heat exposure safety program approved by the Florida Department of
Agriculture and Consumer Services (FDACS) and Department of Health (DOH). The employer
must:
Train and inform supervisors and employees about heat illness, how to protect themselves
and coworkers, how to recognize signs and symptoms of heat illness in themselves and
coworkers, and appropriate first-aid measures.
Provide preventative and first-aid measures to address signs or symptoms of heat illness.
Ensure effective communication so that an employee may contact an employer, manager,
supervisor, contractor, or emergency medical services provider if necessary.
Provide a sufficient amount of cool or cold drinking water that is quickly and easily
accessible to employees throughout the workday and remind employees to consume water.
Ensure that each employee takes a 10-minute recovery period for every 2 hours that the
employee is working in an outdoor environment under high-heat conditions.
The bill requires employers to ensure access to cool drinking water at all times. This water must
be free of charge and located as close as practicable. If drinking water is not plumbed to the
location, the employer must provide at least one quart an hour per employee.
The bill also requires shade be provided for employees when the heat index exceeds 80 degrees
Fahrenheit. If an employee demonstrates symptoms of heat illness, they shall be relieved from
duty, and provided with at least 15 minutes of shade, or until symptoms have abated. If the
symptoms do not abate in that 15 minute period, the employer must seek medical attention. If it
is unsafe or unfeasible to provide shade, the employer must provide an alternative that is at least
as effective.
The bill requires that employers provide annual heat illness training that has been approved by
FDACS and DOH. Training information shall be written in English and translated into all
languages understood by the employees and supervisors. The following training shall be
provided:
The environmental risk factors for heat illness;
General awareness of personal risk factors for heat illness. An employee is responsible for
monitoring his or her own personal risk factors for heat illness; BILL: SB 732 Page 4
The importance of loosening clothing and loosening or removing heat-retaining protective
clothing and equipment, such as nonbreathable chemical-resistant clothing and equipment,
during all recovery and rest periods, breaks, and meal periods;
The importance of frequent consumption of cool or cold drinking water;
The concept, importance, and methods of acclimatization;
The common signs and symptoms of heat illness, including, but not limited to, neurological
impairment, confusion, or agitation;
The importance of immediately reporting to the employer, directly or through a supervisor,
signs or symptoms of heat illness in the employee or a coworker, and the importance of
immediately receiving medical attention if the employee or coworker exhibits any signs or
symptoms of heat illness; and
The employer’s outdoor heat exposure safety program and related high-heat procedures.
The bill requires supervisors to receive training on information they must provide and on
procedures that must be followed when an employee experiences signs of heat illness.
The bill also requires FDACS, in conjunction with DOH, to adopt rules to implement this law.
The bill provides an effective date of October 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. BILL: SB 732 Page 5
B. Private Sector Impact:
Employers would bear the cost of providing these heat illness prevention measures such
as water and shade, as well as potential lost productivity and profit.
C. Government Sector Impact:
These requirements would apply to public and private employers and employees.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 448.111 of the Florida Statutes:
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.