HB 433 2024
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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 workplace heat exposure 2
requirements; creating s. 448.106, F.S.; providing 3
definitions; preempting the regulation of heat 4
exposure requirements in the workplace to the state; 5
providing that certain local laws, ordinances, 6
resolutions, regulations, rules, codes, policies, and 7
amendments are void and prohibited; requiring the 8
Department of Commerce to adopt rules relating to 9
workplace heat exposure requirements if the 10
Occupational Safety and Health Administration has not 11
done so by a date certain; providing requirements for 12
such rules; prohibiting local governments from 13
mandating or imposing certain requirements or seeking 14
information from certain persons relating to certain 15
requirements; providing construction and 16
applicability; providing an effective date. 17
18
WHEREAS, the Occupational Safety and Health Act of 1970 19
requires employers to furnish their employees with a place of 20
employment that is "free from recognized hazards that are 21
causing or are likely to cause death or serious physical harm," 22
and employees must also comply with all standards and 23
regulations under the act, and 24
WHEREAS, the Occupational Safety and Health Adm inistration 25
HB 433 2024
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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
(OSHA) was created under the act to ensure safe working 26
conditions for employees by setting and enforcing standards and 27
providing training, outreach, education, and assistance to 28
employers and employees, and 29
WHEREAS, OSHA standards and regulat ions apply to most 30
private sector employers and employees, as well as some public 31
sector employers and employees, in all 50 states and certain 32
territories and jurisdictions under federal authority, and 33
WHEREAS, OSHA has imposed and enforced standards and 34
regulations governing workplace heat exposure for more than two 35
decades and currently creates and publishes best practices, 36
guidance, advice, and educational materials about working in hot 37
environments, and 38
WHEREAS, recognizing that preventing heat -related illnesses 39
requires education and close collaboration between employers and 40
employees, OSHA established the National Emphasis Program – 41
Outdoor and Indoor Heat -Related Hazards in 2022, to create a 42
targeted enforcement program, reiterate compliance assista nce 43
and outreach efforts, and encourage early intervention by 44
employers during high heat working conditions, and 45
WHEREAS, local governments have started to adopt their own 46
workplace heat exposure requirements, some of which apply only 47
to specific industri es, which ignore the individual 48
responsibility of an employee to follow relevant guidelines and 49
to protect himself or herself from heat -related illnesses, and 50
HB 433 2024
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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
rely on fines and penalties assessed on employers to fund the 51
enforcement of such requirements, a nd 52
WHEREAS, OSHA is actively engaged in rulemaking to further 53
expand on its existing standards and regulations for workplace 54
heat exposure, which would preempt local regulations on the 55
subject, and 56
WHEREAS, having a patchwork of local workplace heat 57
exposure standards and regulations makes compliance difficult 58
and burdensome on employers and employees and may impede 59
commerce throughout the state, and 60
WHEREAS, based on the potential negative impacts of local 61
regulation on workplace heat exposure, the Legi slature finds 62
that the powers of local government in this area must be 63
appropriately limited, NOW, THEREFORE, 64
65
Be It Enacted by the Legislature of the State of Florida: 66
67
Section 1. Section 448.106, Florida Statutes, is created 68
to read: 69
448.106 Workplace heat exposure requirements; preemption; 70
rulemaking.— 71
(1) As used in this section, the term: 72
(a) "Contractor" means an employer contracting with, or 73
seeking to contract with, a local government to provide goods or 74
services to, for the benefit of, or on behalf of the local 75
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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
government. 76
(b) "Employee" means a natural person, including a self -77
employed person, who receives any type of compensation or 78
remuneration for providing services to an employer. 79
(c) "Employer" means a person who hires or contracts for 80
the services of employees. 81
(d) "Heat exposure requirement" means a standard mandated 82
or otherwise imposed on employers, employees, contractors, or 83
subcontractors to control an employee's exposure to heat or sun, 84
or to otherwise address or moderate the effects of such 85
exposure. The term includes, but is not limited to, standards 86
relating to all of the following: 87
1. Employee monitoring and protection. 88
2. Water consumption. 89
3. Cooling measures. 90
4. Acclimatization and recovery periods or practices. 91
5. Posting or distributing notices or materials relating 92
to heat exposure which inform employees how to protect 93
themselves from such exposure. 94
6. Implementation and maintenance of heat exposure 95
programs or training. 96
7. Appropriate first -aid measures or emergency responses 97
related to heat exposure. 98
8. Protections for employees who report that they have 99
experienced excessive heat exposure. 100
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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
9. Reporting and recordkeeping requirements. 101
(e) "Local government" m eans a county, municipality, 102
department, commission, district, board, or other public body, 103
whether corporate or otherwise, created by or under state law. 104
(f) "Subcontractor" has the same meaning as in s. 105
448.095(1). 106
(2)(a) The regulation of workplace heat exposure 107
requirements is preempted to the state. Any local law, 108
ordinance, resolution, regulation, rule, code, policy, or 109
charter amendment adopted before, on, or after the effective 110
date of this act which conflicts with this section is void and 111
prohibited. 112
(b) If the Occupational Safety and Health Administration 113
has not adopted by rule requirements regulating workplace heat 114
exposure by July 1, 2028, the Department of Commerce must adopt 115
by rule statewide workplace heat exposure requirements. Such 116
rules must be consistent with the standards of the Occupational 117
Safety and Health Administration in effect at the time the 118
Department of Commerce adopts its rules, modified as necessary 119
to reflect workplace heat exposure considerations specific to 120
this state. The Legislature must ratify such rules before they 121
take effect. 122
(3) Except as otherwise provided in this section, a local 123
government may not: 124
(a) Mandate or otherwise impose heat exposure requirements 125
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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
on an employer, an employee, a contractor, or a s ubcontractor. 126
(b) Consider or seek information relating to a 127
contractor's or subcontractor's heat exposure requirements in 128
any procurement for goods or services. 129
(4) This section does not limit the authority of a local 130
government to mandate or impose w orkplace heat exposure 131
requirements for the employees of the local government. 132
(5) This section does not apply if it is determined that 133
compliance with this section will prevent the distribution of 134
federal funds to a local government or would otherwise b e 135
inconsistent with federal requirements pertaining to receiving 136
federal funds, but only to the extent necessary to allow a local 137
government to receive federal funds or to eliminate the 138
inconsistency with federal requirements. 139
Section 2. This act shall take effect upon becoming a law. 140