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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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.