Florida Senate - 2020                                     SB 882
       By Senator Torres
       15-01179-20                                            2020882__
    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 of certain employers
    5         and employees; providing an exception; requiring
    6         certain 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.—
   72         (a)An employer of employees who regularly work in an
   73  outdoor environment shall implement an outdoor heat exposure
   74  safety program that has been approved by the Department of
   75  Agriculture and Consumer Services and the Department of Health
   76  and that must, at a minimum:
   77         1.Train and inform supervisors and employees about heat
   78  illness, how to protect themselves and coworkers, how to
   79  recognize signs and symptoms of heat illness in themselves and
   80  coworkers, and appropriate first-aid measures that can be used
   81  before medical attention arrives in the event of a serious heat
   82  related illness event.
   83         2.Provide preventative and first-aid measures, such as
   84  loosening clothing, loosening or removing heat-retaining
   85  protective clothing and equipment, accessing shade, applying
   86  cool or cold water to the body, and drinking cool or cold water,
   87  to address the signs or symptoms of heat illness.
   88         3.Implement the following high-heat procedures, to the
   89  extent practicable, when an employer, manager, supervisor, or
   90  contractor determines that the outdoor heat index equals or
   91  exceeds 90 degrees Fahrenheit:
   92         a.Ensure that effective communication by voice,
   93  observation, or electronic means is initiated and maintained so
   94  that an employee may contact an employer, manager, supervisor,
   95  contractor, or emergency medical services provider if necessary.
   96         b.Provide a sufficient amount of cool or cold drinking
   97  water at a location that is quickly and easily accessible from
   98  the area where employees work to accommodate all employees
   99  throughout the workday and remind employees throughout the
  100  workday to consume such water.
  101         c.Ensure that each employee takes a 10-minute recovery
  102  period every 2 hours that the employee is working in an outdoor
  103  environment under high-heat conditions. The recovery period may
  104  be concurrent with a meal period required by law if the timing
  105  of the recovery period coincides with a required meal period.
  106         d.Conduct a preshift meeting each workday to review the
  107  high-heat procedures.
  108         (b)An employee who regularly works, or who is in the
  109  process of acclimatization, in an outdoor environment shall
  110  participate in the training that is provided by the employer
  111  under subsection (6). An employee is responsible for monitoring
  112  his or her own personal risk factors for heat illness.
  113         (4)DRINKING WATER.—An employer shall ensure that a
  114  sufficient quantity of cool or cold, clean drinking water is at
  115  all times readily accessible and free of charge to employees who
  116  work in an outdoor environment. Such drinking water shall be
  117  located as close as practicable to the areas where employees
  118  work. If drinking water is not plumbed or otherwise continuously
  119  supplied, an employer shall supply a sufficient quantity of
  120  drinking water at the beginning of the workday so each employee
  121  has at least 1 quart of drinking water per hour for every hour
  122  in the employee’s entire workday. An employer may supply a
  123  smaller quantity of drinking water at the beginning of the
  124  workday if the employer has adequate procedures in place to
  125  allow the employee access to drinking water as needed so the
  126  employee has at least 1 quart of drinking water per hour for
  127  every hour in the employee’s entire workday.
  128         (5)ACCESS TO SHADE.—
  129         (a)When the supervisor determines that the outdoor heat
  130  index equals or exceeds 80 degrees Fahrenheit, the employer must
  131  maintain one or more areas with shade that are open to the air
  132  or offer ventilation or cooling at all times in the area where
  133  employees are working. The amount of shade present must be able
  134  to accommodate the total number of employees participating in a
  135  recovery period at one time without the employees having to be
  136  in physical contact with each other.
  137         (b)An employee who exhibits mild to moderate signs or
  138  symptoms of heat illness shall be relieved from duty, provided
  139  with access to shade for at least 15 minutes or until such signs
  140  or symptoms of heat illness have abated, and monitored to
  141  determine whether medical attention is necessary. If such signs
  142  or symptoms do not abate within such time period, an employer
  143  shall seek medical attention in a timely manner for the
  144  employee. If an employee exhibits serious signs or symptoms of
  145  heat illness, an employer must seek medical attention
  146  immediately for the employee and provide first-aid measures.
  147         (c)If an employer can demonstrate that it is unsafe or not
  148  feasible to provide an area with shade, the employer may provide
  149  alternative cooling measures as long as the employer can
  150  demonstrate that such measures are at least as effective as an
  151  area with shade in reducing heat exposure.
  152         (6)TRAINING.—An employer shall provide annual training
  153  that has been approved by the Department of Agriculture and
  154  Consumer Services and the Department of Health for all employees
  155  and supervisors in the languages understood by a majority of the
  156  employees and supervisors. Such training shall be made available
  157  through the Department of Agriculture and Consumer Services and
  158  the Department of Health. Training information shall be written
  159  in English and translated into all languages understood by the
  160  employees and supervisors. Supervisors shall make such written
  161  materials available upon request.
  162         (a)Training on the following topics shall be provided to
  163  all employees who work in an outdoor environment:
  164         1.The environmental risk factors for heat illness.
  165         2.General awareness of personal risk factors for heat
  166  illness.
  167         3.The importance of loosening clothing and loosening or
  168  removing heat-retaining protective clothing and equipment, such
  169  as nonbreathable chemical-resistant clothing and equipment,
  170  during all recovery and rest periods, breaks, and meal periods.
  171         4.The importance of frequent consumption of cool or cold
  172  drinking water.
  173         5.The concept, importance, and methods of acclimatization.
  174         6.The common signs and symptoms of heat illness,
  175  including, but not limited to, neurological impairment,
  176  confusion, or agitation.
  177         7.The importance of immediately reporting to the employer,
  178  directly or through a supervisor, signs or symptoms of heat
  179  illness in the employee or a coworker, and the importance of
  180  immediately receiving medical attention if the employee or
  181  coworker exhibits any signs or symptoms of heat illness.
  182         8.The employer’s outdoor heat exposure safety program and
  183  related high-heat procedures.
  184         (b)Training on all of the following topics shall be
  185  provided to all supervisors before they are authorized to
  186  supervise employees who work in an outdoor environment:
  187         1.Information that must be provided to employees.
  188         2.Procedures that must be followed to implement this
  189  section.
  190         3.Procedures that must be followed when an employee
  191  exhibits or reports any signs or symptoms of heat illness.
  192         4.Procedures that must be followed when transporting an
  193  employee who exhibits or reports any signs or symptoms of heat
  194  illness to an emergency medical services provider in a timely
  195  manner.
  196         (7)RULEMAKING.—The Department of Agriculture and Consumer
  197  Services, in conjunction with the Department of Health, shall
  198  adopt rules to implement this section, including, but not
  199  limited to, approved training programs, approved trainers, and a
  200  certification process to acknowledge an employer’s compliance
  201  with training requirements.
  202         Section 2. This act shall take effect October 1, 2020.