Florida Senate - 2022                                     SB 732
       By Senator Rodriguez
       39-00791A-22                                           2022732__
    1                        A bill to be entitled                      
    2         An act relating to heat illness prevention; creating
    3         s. 448.111, F.S.; providing applicability; defining
    4         terms; providing responsibilities for certain
    5         employers and employees; providing an exception;
    6         requiring employers to provide annual training for
    7         employees and supervisors; requiring the Department of
    8         Agriculture and Consumer Services, in conjunction with
    9         the Department of Health, to adopt specified rules;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 448.111, Florida Statutes, is created to
   15  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  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 that 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 includes
   37  electrolyte-replenishing beverages that do not contain caffeine.
   38         (c)“Employee” means a person who performs services for and
   39  under the control and direction of an employer for wages or
   40  other remuneration. The term includes an independent contractor
   41  and a farm labor contractor as defined in s. 450.28.
   42         (d)“Employer” means an individual, firm, partnership,
   43  institution, corporation, association, or entity listed in s.
   44  121.021(10) that employs individuals.
   45         (e)“Environmental risk factors for heat illness” means
   46  working conditions that create the possibility of heat illness,
   47  including air temperature, relative humidity, radiant heat from
   48  the sun and other sources, conductive heat from sources such as
   49  the ground, air movement, workload severity and duration, and
   50  protective clothing and equipment worn by an employee.
   51         (f)“Heat illness” means a medical condition resulting from
   52  the body’s inability to cope with a particular heat level. The
   53  term includes heat cramps, heat exhaustion, heat syncope, and
   54  heat stroke.
   55         (g)“Outdoor environment” means a location where work
   56  activities are conducted outside. The term includes locations
   57  such as sheds, tents, greenhouses, or other structures where
   58  work activities are conducted inside, but the temperature is not
   59  managed by devices that reduce heat exposure and aid in cooling,
   60  such as air conditioning systems.
   61         (h)“Personal risk factors for heat illness” means factors
   62  specific to an individual, including his or her age; health;
   63  pregnancy; degree of acclimatization; water, alcohol, or
   64  caffeine consumption; use of prescription medications; or other
   65  physiological responses to heat.
   66         (i)“Recovery period” means a cool-down period to reduce an
   67  employee’s heat exposure and aid the employee in cooling down
   68  and avoiding the signs or symptoms of heat illness.
   69         (j)“Shade” means an area that is not in direct sunlight.
   70         (k)“Supervisor” has the same meaning as in s. 448.101.
   71         (3)RESPONSIBILITIES.—An employer of employees who
   72  regularly work in an outdoor environment shall implement an
   73  outdoor heat exposure safety program that has been approved by
   74  the Department of Agriculture and Consumer Services and the
   75  Department of Health and that must, at a minimum:
   76         (a)Train and inform supervisors and employees about heat
   77  illness, how to protect themselves and coworkers, how to
   78  recognize signs and symptoms of heat illness in themselves and
   79  coworkers, and appropriate first-aid measures that can be used
   80  before medical attention arrives in the event of a serious heat
   81  related illness event.
   82         (b)Provide preventive and first-aid measures, such as
   83  loosening clothing, loosening or removing heat-retaining
   84  protective clothing and equipment, accessing shade, applying
   85  cool or cold water to the body, and drinking cool or cold water,
   86  to address the signs or symptoms of heat illness.
   87         (c)Implement the following high-heat procedures, to the
   88  extent practicable, when an employer, manager, supervisor, or
   89  contractor determines that the outdoor heat index equals or
   90  exceeds 90 degrees Fahrenheit:
   91         1.Ensure that effective communication by voice,
   92  observation, or electronic means is initiated and maintained so
   93  that an employee may contact an employer, manager, supervisor,
   94  contractor, or emergency medical services provider if necessary.
   95         2.Provide a sufficient amount of cool or cold drinking
   96  water at a location that is quickly and easily accessible from
   97  the area where employees work to accommodate all employees
   98  throughout the workday, and remind employees throughout the
   99  workday to consume such water.
  100         3.Ensure that each employee takes a 10-minute recovery
  101  period every 2 hours that the employee is working in an outdoor
  102  environment under high-heat conditions. The recovery period may
  103  be concurrent with a meal period required by law if the timing
  104  of the recovery period coincides with a required meal period.
  105         (4)DRINKING WATER.—An employer shall ensure that a
  106  sufficient quantity of cool or cold, clean drinking water is at
  107  all times readily accessible and free of charge to employees who
  108  work in an outdoor environment. Such drinking water shall be
  109  located as close as practicable to the areas where employees
  110  work. If drinking water is not plumbed or otherwise continuously
  111  supplied, an employer must supply a sufficient quantity of
  112  drinking water at the beginning of the workday so each employee
  113  has at least 1 quart of drinking water per hour for every hour
  114  in the employee’s entire workday. An employer may supply a
  115  smaller quantity of drinking water at the beginning of the
  116  workday if the employer has adequate procedures in place to
  117  allow the employee access to drinking water as needed so the
  118  employee has at least 1 quart of drinking water per hour for
  119  every hour in the employee’s entire workday.
  120         (5)ACCESS TO SHADE.—
  121         (a)When the supervisor determines that the outdoor heat
  122  index equals or exceeds 80 degrees Fahrenheit, the employer must
  123  maintain one or more areas with shade that are open to the air
  124  or offer ventilation or cooling at all times in the area where
  125  employees are working. The amount of shade present must be able
  126  to accommodate the total number of employees participating in a
  127  recovery period at one time without the employees having to be
  128  in physical contact with each other.
  129         (b)An employee who exhibits mild to moderate signs or
  130  symptoms of heat illness shall be relieved from duty, provided
  131  with access to shade for at least 15 minutes or until such signs
  132  or symptoms of heat illness have abated, and monitored to
  133  determine whether medical attention is necessary. If such signs
  134  or symptoms do not abate within such time period, an employer
  135  shall seek medical attention in a timely manner for the
  136  employee. If an employee exhibits serious signs or symptoms of
  137  heat illness, an employer must seek medical attention
  138  immediately for the employee and provide first-aid measures.
  139         (c)If an employer can demonstrate that it is unsafe or not
  140  feasible to provide an area with shade, the employer may provide
  141  alternative cooling measures as long as the employer can
  142  demonstrate that such measures are at least as effective as an
  143  area with shade in reducing heat exposure.
  144         (6)TRAINING.—An employer shall provide annual training
  145  that has been approved by the Department of Agriculture and
  146  Consumer Services and the Department of Health for all employees
  147  and supervisors in the languages understood by a majority of the
  148  employees and supervisors. An employee who regularly works, or
  149  who is in the process of acclimatization, in an outdoor
  150  environment shall participate in the training that is provided
  151  by the employer. Such training shall be made available through
  152  the Department of Agriculture and Consumer Services and the
  153  Department of Health. Training information shall be written in
  154  English and translated into all languages understood by the
  155  employees and supervisors. Supervisors shall make such written
  156  materials available upon request.
  157         (a)Training on the following topics shall be provided to
  158  all employees who work in an outdoor environment:
  159         1.The environmental risk factors for heat illness.
  160         2.General awareness of personal risk factors for heat
  161  illness. An employee is responsible for monitoring his or her
  162  own personal risk factors for heat illness.
  163         3.The importance of loosening clothing and loosening or
  164  removing heat-retaining protective clothing and equipment, such
  165  as nonbreathable chemical-resistant clothing and equipment,
  166  during all recovery and rest periods, breaks, and meal periods.
  167         4.The importance of frequent consumption of cool or cold
  168  drinking water.
  169         5.The concept, importance, and methods of acclimatization.
  170         6.The common signs and symptoms of heat illness,
  171  including, but not limited to, neurological impairment,
  172  confusion, or agitation.
  173         7.The importance of immediately reporting to the employer,
  174  directly or through a supervisor, signs or symptoms of heat
  175  illness in the employee or a coworker, and the importance of
  176  immediately receiving medical attention if the employee or
  177  coworker exhibits any signs or symptoms of heat illness.
  178         8.The employer’s outdoor heat exposure safety program and
  179  related high-heat procedures.
  180         (b)Training on all of the following topics shall be
  181  provided to all supervisors before they are authorized to
  182  supervise employees who work in an outdoor environment:
  183         1.Information that must be provided to employees.
  184         2.Procedures that must be followed to implement this
  185  section.
  186         3.Procedures that must be followed when an employee
  187  exhibits or reports any signs or symptoms of heat illness.
  188         4.Procedures that must be followed when transporting an
  189  employee who exhibits or reports any signs or symptoms of heat
  190  illness to an emergency medical services provider in a timely
  191  manner.
  192         (7)RULEMAKING.—The Department of Agriculture and Consumer
  193  Services, in conjunction with the Department of Health, shall
  194  adopt rules to implement this section, including, but not
  195  limited to, approved training programs, approved trainers, and a
  196  certification process to acknowledge an employer’s compliance
  197  with training requirements.
  198         Section 2. This act shall take effect October 1, 2022.