Governor Ron DeSantis of Florida recently signed a bill that prohibits localities from requiring outdoor employers to provide water, rest, and shade to workers. This legislation has angered workplace safety advocates, who believe that it will put lives at risk. The bill is a preemption law, which means it prevents cities and counties from creating their own regulations on heat protection. This law effectively nullified a proposal in Miami-Dade County that aimed to provide heat safety measures for workers.
The preemption bill passed by the Republican-controlled state House and Senate is backed by industries such as agriculture and construction. Unions and progressive groups argue that blocking heat regulations will endanger farm and construction workers, as well as others working in the sweltering heat of Florida. Critics of the law believe that someone may die as a result of the legislation. Governor DeSantis’ decision to sign this bill follows a similar move by Texas Republicans, who passed a preemption bill blocking local ordinances related to heat protections.
Advocates for the preemption law argue that having a “patchwork” of local regulations on heat safety is confusing and that the federal Occupational Safety and Health Administration (OSHA) should handle the issue. However, OSHA currently does not have a heat-specific safety rule, and attempts to create a statewide standard in Florida have failed due to lack of Republican support. Only a few states, such as California, Oregon, and Washington, mandate heat breaks for outdoor workers, while others have specific heat safety regulations for farmworkers or indoor workers.
The impact of climate change is making heat waves more intense and frequent, raising concerns about the safety of workers who are exposed to extreme temperatures. Recent incidents in Miami-Dade County, including the death of a farmworker last July, have highlighted the dangers of working in extreme heat. The Biden administration is working on a federal heat safety standard through OSHA, but developing such rules can take time, face legal challenges, and be subject to changes by subsequent administrations. The potential for workers to die due to heat exposure underscores the importance of implementing safety measures in workplaces.
