Florida 2025 Regular Session

Florida House Bill H0035 Compare Versions

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

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3	3	HB 35 2025
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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; creating 2
16	16	s. 448.112, F.S.; providing applicability; providing 3
17	17	definitions; requiring certain employers to implement 4
18	18	an outdoor heat exposure safety program that has been 5
19	19	approved by specified departments; specifying 6
20	20	requirements for the safety program; providing 7
21	21	responsibilities for certain employers and employees; 8
22	22	providing exceptions; requiring specified annual 9
23	23	training on heat illness and providing requirements 10
24	24	for such training; requiring the Department of 11
25	25	Agriculture and Consumer Services, in conjunction with 12
26	26	the Department of Health, to adopt specified rules; 13
27	27	providing an effective date. 14
28	28	15
29	29	Be It Enacted by the L egislature of the State of Florida: 16
30	30	17
31	31	Section 1. Section 448.112, Florida Statutes, is created 18
32	32	to read: 19
33	33	448.112 Heat illness prevention. — 20
34	34	(1) APPLICABILITY.— 21
35	35	(a) This section applies to employers in industries where 22
36	36	employees regularly perform wor k in an outdoor environment, 23
37	37	including, but not limited to, agriculture, construction, and 24
38	38	landscaping. 25
39	39
40	40	HB 35 2025
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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	(b) This section does not apply to an employee required to 26
52	52	work in an outdoor environment for fewer than 15 minutes per 27
53	53	hour for every hour in the emp loyee's entire workday. 28
54	54	(c) This section is supplemental to all related industry -29
55	55	specific standards. When the requirements under this section 30
56	56	offer greater protection than related industry -specific 31
57	57	standards, an employer shall comply with the requirement s of 32
58	58	this section. 33
59	59	(2) DEFINITIONS.—As used in this section, the term: 34
60	60	(a) "Acclimatization" means temporary adaptation of a 35
61	61	person to work in the heat that occurs when a person is 36
62	62	gradually exposed to heat over a 2 -week period at a 20 percent 37
63	63	increase in heat exposure per day. 38
64	64	(b) "Drinking water" means potable water. The term 39
65	65	includes electrolyte -replenishing beverages that do not contain 40
66	66	caffeine. 41
67	67	(c) "Employee" means a person who performs services for 42
68	68	and under the control and direction of an em ployer for wages or 43
69	69	other remuneration. The term includes an independent contractor 44
70	70	and a farm labor contractor as defined in s. 450.28(1). 45
71	71	(d) "Employer" means an individual, a firm, a partnership, 46
72	72	an institution, a corporation, an association, or an en tity 47
73	73	listed in s. 121.021(10) which employs individuals. 48
74	74	(e) "Environmental risk factors for heat illness" means 49
75	75	working conditions that create the possibility of heat illness, 50
76	76
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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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86	86
87	87
88	88	including air temperature, relative humidity, radiant heat from 51
89	89	the sun and other sources, conductive heat from sources such as 52
90	90	the ground, air movement, workload severity and duration, and 53
91	91	protective clothing and equipment worn by an employee. 54
92	92	(f) "Heat illness" means a medical condition resulting 55
93	93	from the body's inability to cope with a particular heat level. 56
94	94	The term includes heat cramps, heat exhaustion, heat syncope, 57
95	95	and heat stroke. 58
96	96	(g) "Outdoor environment" means a location where work 59
97	97	activities are conducted outside. The term includes locat ions 60
98	98	such as sheds, tents, greenhouses, or other structures where 61
99	99	work activities are conducted inside, but the temperature is not 62
100	100	managed by devices that reduce heat exposure and aid in cooling, 63
101	101	such as air conditioning systems. 64
102	102	(h) "Personal risk facto rs for heat illness" means factors 65
103	103	specific to an individual, including his or her age; health; 66
104	104	pregnancy; degree of acclimatization; water, alcohol, or 67
105	105	caffeine consumption; use of prescription medications; or other 68
106	106	physiological responses to heat. 69
107	107	(i) "Recovery period" means a cool -down period to reduce 70
108	108	an employee's heat exposure and aid the employee in cooling down 71
109	109	and avoiding the signs or symptoms of heat illness. 72
110	110	(j) "Shade" means an area that is not in direct sunlight. 73
111	111	(k) "Supervisor" has the same meaning as in s. 448.101. 74
112	112	(3) RESPONSIBILITIES. —An employer of employees who 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	regularly work in an outdoor environment shall implement an 76
126	126	outdoor heat exposure safety program that has been approved by 77
127	127	the Department of Agriculture and Consumer Servi ces and the 78
128	128	Department of Health and which, at a minimum: 79
129	129	(a) Trains and informs supervisors and employees about 80
130	130	heat illness, how to protect themselves and coworkers, how to 81
131	131	recognize signs and symptoms of heat illness in themselves and 82
132	132	coworkers, and appropriate first-aid measures that can be used 83
133	133	before medical attention arrives in the event of a serious heat -84
134	134	related illness event. 85
135	135	(b) Provides preventive and first -aid measures, such as 86
136	136	loosening clothing, loosening or removing heat -retaining 87
137	137	protective clothing and equipment, accessing shade, applying 88
138	138	cool or cold water to the body, and drinking cool or cold water, 89
139	139	to address the signs or symptoms of heat illness. 90
140	140	(c) Implements the following high -heat procedures, to the 91
141	141	extent practicable, when an employer, manager, supervisor, or 92
142	142	contractor determines that the outdoor heat index equals or 93
143	143	exceeds 90 degrees Fahrenheit: 94
144	144	1. Make available an effective voice, observational, or 95
145	145	electronic communication system that allows an employee to 96
146	146	contact an employer, a manager, a supervisor, a contractor, or 97
147	147	an emergency medical services provider if necessary. 98
148	148	2. Provide a sufficient amount of cool or cold drinking 99
149	149	water at a location that is quickly and easily accessible from 100
150	150
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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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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160	160
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162	162	the area where employees work to accommodate all employees 101
163	163	throughout the workday, and remind employees throughout the 102
164	164	workday to consume such water. 103
165	165	3. Ensure that each employee takes a 10 -minute recovery 104
166	166	period every 2 hours that the employee is working in an outdoor 105
167	167	environment under high-heat conditions. The recovery period may 106
168	168	be concurrent with a meal period required by law if the timing 107
169	169	of the recovery period coincides with a required meal period. 108
170	170	(4) DRINKING WATER. —An employer shall ensure that a 109
171	171	sufficient quantity of cool o r cold, clean drinking water is at 110
172	172	all times readily accessible and free of charge to employees who 111
173	173	work in an outdoor environment. The drinking water must be 112
174	174	located as close as practicable to the areas where employees 113
175	175	work. If drinking water is not plumb ed or otherwise continuously 114
176	176	supplied, an employer must supply a sufficient quantity of 115
177	177	drinking water at the beginning of the workday so that each 116
178	178	employee has at least 1 quart of drinking water per hour for 117
179	179	every hour in the employee's entire workday. An employer may 118
180	180	supply a smaller quantity of drinking water at the beginning of 119
181	181	the workday if the employer has adequate procedures in place to 120
182	182	allow the employee access to drinking water as needed so that 121
183	183	the employee has at least 1 quart of drinking water per hour for 122
184	184	every hour in the employee's entire workday. 123
185	185	(5) ACCESS TO SHADE. — 124
186	186	(a) When a supervisor determines that the outdoor heat 125
187	187
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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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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197	197
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199	199	index equals or exceeds 80 degrees Fahrenheit, the employer must 126
200	200	maintain one or more areas with shade which are open to the air 127
201	201	or offer ventilation or cooling at all times in the area where 128
202	202	employees are working. The amount of available shade must be 129
203	203	able to accommodate all of the employees participating in a 130
204	204	given recovery period in a manner that does not place them i n 131
205	205	physical contact with one another. 132
206	206	(b) If an employee exhibits mild to moderate signs or 133
207	207	symptoms of heat illness, the employer must relieve the employee 134
208	208	from duty, provide him or her with access to shade for at least 135
209	209	15 minutes or until such signs or symptoms of heat illness have 136
210	210	abated, and monitor the employee to determine whether medical 137
211	211	attention is necessary. If such signs or symptoms do not abate 138
212	212	within such time period, the employer must seek medical 139
213	213	attention for the employee in a timely manner . If an employee 140
214	214	exhibits serious signs or symptoms of heat illness, the employer 141
215	215	must immediately seek medical attention for the employee and 142
216	216	provide first-aid measures. 143
217	217	(c) If an employer can demonstrate that it is unsafe or 144
218	218	not feasible to provide an area with shade, the employer may 145
219	219	provide alternative cooling measures as long as the employer can 146
220	220	demonstrate that such measures are at least as effective as an 147
221	221	area with shade in reducing heat exposure. 148
222	222	(6) TRAINING.—An employer shall provide annual tr aining on 149
223	223	heat illness that has been approved by the Department of 150
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229	229	CODING: Words stricken are deletions; words underlined are additions.
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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	Agriculture and Consumer Services and the Department of Health 151
237	237	to all employees and supervisors in the languages understood by 152
238	238	a majority of the employees and supervisors. Each employee who 153
239	239	regularly works in, or who is in the process of acclimatization 154
240	240	to, an outdoor environment must participate in the training 155
241	241	provided by the employer. Training materials must be written and 156
242	242	available in English and in 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 all of the following topics must be 160
246	246	provided to all employees who work in an outdoor environment: 161
247	247	1. The environmental risk factors for heat illn ess. 162
248	248	2. General awareness of personal risk factors for heat 163
249	249	illness and how an employee can monitor his or her own personal 164
250	250	risk factors for heat illness. 165
251	251	3. The importance of loosening clothing and loosening or 166
252	252	removing heat-retaining protective cloth ing 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, an d methods of 172
258	258	acclimatization. 173
259	259	6. The common signs and symptoms of heat illness, 174
260	260	including, but not limited to, neurological impairment, 175
261	261
262	262	HB 35 2025
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb35-00
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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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271	271
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273	273	confusion, or agitation. 176
274	274	7. The importance of an employee immediately reporting to 177
275	275	the employer, directly or through a supervisor, if the employee 178
276	276	or a coworker exhibits signs or symptoms of heat illness, and 179
277	277	the importance of receiving immediate medical attention for 180
278	278	those signs or symptoms. 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 must 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 an 188
286	286	outdoor heat exposure safety program. 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 transpor ting 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 trainers, and a 199
297	297	certification process to acknowledge an employer's compliance 200
298	298
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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	with the training requirements imposed by this section. 201
311	311	Section 2. This act shall take effect October 1, 2025. 202