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The Florida Senate

HB 5-B — Florida Occupational Safety and Health State Plan

by Rep. Zika and others (SB 6-B by Senators Hutson, Gruters, and Perry)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill (Chapter 2021-274, L.O.F.) provides legislative intent to establish a Florida Occupational Safety and Health State Plan. Currently, the federal Occupational Safety and Health Administration (OSHA) has jurisdiction over health and safety regulations for most private sector employers in this state.

Federal law allows for a state to assert its own regulatory state plan in lieu of the standard OSHA regulations, so long as the state plan is at least as effective as OSHA and applies to public sector employees. There are 27 states and one U.S. territory that operate an OSHA-approved plan of some form.

The bill directs the Executive Office of the Governor to develop a proposal for a state plan and requires the office to submit a status report of its efforts to the President of the Senate and the Speaker of the House of Representatives by January 17, 2022.

The bill appropriates $1 million to the Executive Office of the Governor from the General Revenue Fund to implement the bill.

These provisions became law upon approval by the Governor on November 18, 2021.

Vote: Senate 23-13; House 76-38