Florida Senate - 2025 SB 510 By Senator Rouson 16-00835-25 2025510__ 1 A bill to be entitled 2 An act relating to heat illness prevention; creating 3 s. 448.112, F.S.; providing legislative intent; 4 providing applicability; defining terms; requiring 5 certain employers to implement an outdoor heat 6 exposure safety program that has been approved by 7 specified departments; specifying requirements for the 8 safety program; providing responsibilities for certain 9 employers and employees; providing exceptions; 10 requiring specified annual training on heat illness 11 and providing requirements for such training; 12 requiring the Department of Agriculture and Consumer 13 Services, in conjunction with the Department of 14 Health, to adopt specified rules; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 448.112, Florida Statutes, is created to 20 read: 21 448.112 Heat illness prevention.— 22 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 23 that this section educates employers and employees who work in 24 extreme heat to prevent illness and death caused by heat 25 exposure. 26 (2) APPLICABILITY.— 27 (a) This section applies to employers in industries where 28 employees regularly perform work in an outdoor environment, 29 including, but not limited to, agriculture, construction, and 30 landscaping. 31 (b) This section does not apply to an employee required to 32 work in an outdoor environment for fewer than 15 minutes per 33 hour for every hour in the employee’s entire workday. 34 (c) This section is supplemental to all related industry 35 specific standards. 36 (3) DEFINITIONS.—As used in this section, the term: 37 (a) “Acclimatization” means the temporary adaptation of a 38 person to work in the heat which occurs when a person is 39 gradually exposed to heat over a 2-week period at a 20 percent 40 increase in heat exposure per day. 41 (b) “Drinking water” means potable water. The term includes 42 electrolyte-replenishing beverages that do not contain caffeine. 43 (c) “Employee” means a person who performs services for and 44 under the control and direction of an employer for wages or 45 other remuneration. The term includes an independent contractor 46 and a farm labor contractor as defined in s. 450.28(1). 47 (d) “Employer” means an individual, a firm, a partnership, 48 an institution, a corporation, an association, or an entity 49 listed in s. 121.021(10) which employs individuals. 50 (e) “Environmental risk factors for heat illness” means 51 working conditions that create the possibility of heat illness, 52 including air temperature, relative humidity, radiant heat from 53 the sun and other sources, conductive heat from sources such as 54 the ground, air movement, workload severity and duration, and 55 protective clothing and equipment worn by an employee. 56 (f) “Heat illness” means a medical condition resulting from 57 the body’s inability to cope with a particular heat level. The 58 term includes heat cramps, heat exhaustion, heat syncope, and 59 heat stroke. 60 (g) “Outdoor environment” means a location where work 61 activities are conducted outside. The term includes indoor 62 locations such as sheds, tents, greenhouses, or other structures 63 where work activities are conducted inside, but the temperature 64 is not managed by devices that reduce heat exposure and aid in 65 cooling, such as air conditioning systems. 66 (h) “Personal risk factors for heat illness” means factors 67 specific to an individual, including his or her age; health; 68 pregnancy; degree of acclimatization; water, alcohol, or 69 caffeine consumption; use of prescription medications; or other 70 physiological responses to heat. 71 (i) “Recovery period” means a cool-down period to reduce an 72 employee’s heat exposure which aids the employee in cooling down 73 and avoiding the signs or symptoms of heat illness. 74 (j) “Shade” means an area that is not in direct sunlight. 75 (k) “Supervisor” has the same meaning as in s. 448.101. 76 (4) RESPONSIBILITIES.—An employer of employees who 77 regularly work in an outdoor environment shall implement an 78 outdoor heat exposure safety program that has been approved by 79 the Department of Agriculture and Consumer Services and the 80 Department of Health and which, at a minimum: 81 (a) Trains and informs supervisors and employees about heat 82 illness, how to protect themselves and coworkers, how to 83 recognize signs and symptoms of heat illness in themselves and 84 coworkers, and appropriate first-aid measures that can be used 85 before medical attention arrives in the event of a serious heat 86 related illness event. 87 (b) Provides preventive and first-aid measures, such as 88 loosening clothing, loosening or removing heat-retaining 89 protective clothing and equipment, accessing shade, applying 90 cool or cold water to the body, and drinking cool or cold water, 91 to address the signs or symptoms of heat illness. 92 (c) Implements the following high-heat procedures, to the 93 extent practicable, when an employer, a manager, a supervisor, 94 or a contractor determines that the outdoor heat index equals or 95 exceeds 90 degrees Fahrenheit: 96 1. Make available an effective voice, observational, or 97 electronic communication system that allows an employee to 98 contact an employer, a manager, a supervisor, a contractor, or 99 an emergency medical services provider if necessary. 100 2. Provide a sufficient amount of cool or cold drinking 101 water at a location that is quickly and easily accessible from 102 the area where employees work to accommodate all employees 103 throughout the workday. 104 3. Ensure that each employee takes a 10-minute recovery 105 period within every 2 hours that the employee works in an 106 outdoor environment under high-heat conditions. The recovery 107 period may be concurrent with a meal period required by law if 108 the timing of the recovery period coincides with a required meal 109 period. 110 (5) DRINKING WATER.—An employer shall ensure that a 111 sufficient quantity of cool or cold, clean drinking water is at 112 all times readily accessible and free of charge to employees who 113 work in an outdoor environment. The drinking water must be 114 located as close as practicable to the areas where employees 115 work. If drinking water is not plumbed or otherwise continuously 116 supplied, an employer must supply a sufficient quantity of 117 drinking water at the beginning of the workday so that each 118 employee has at least 1 quart of drinking water per hour for 119 every hour in the employee’s entire workday. An employer may 120 supply a smaller quantity of drinking water at the beginning of 121 the workday if the employer has adequate procedures in place to 122 allow the employee access to drinking water as needed so that 123 the employee has at least 1 quart of drinking water per hour for 124 every hour in the employee’s entire workday. 125 (6) ACCESS TO SHADE.— 126 (a) When a supervisor determines that the outdoor heat 127 index equals or exceeds 80 degrees Fahrenheit, the employer 128 shall maintain one or more areas with shade which are open to 129 the air or offer ventilation or cooling at all times in the area 130 where employees are working. The amount of available shade must 131 be able to accommodate all of the employees participating in a 132 given recovery period in a manner that does not place them in 133 physical contact with one another. 134 (b) If an employee exhibits mild to moderate signs or 135 symptoms of heat illness, the employer must relieve the employee 136 from duty, provide him or her with access to shade for at least 137 15 minutes or until such signs or symptoms of heat illness have 138 abated, and monitor the employee to determine whether medical 139 attention is necessary. If such signs or symptoms do not abate 140 within such time period, the employer must seek medical 141 attention for the employee in a timely manner. If an employee 142 exhibits serious signs or symptoms of heat illness, the employer 143 must immediately seek medical attention for the employee and 144 provide first-aid measures. 145 (c) If an employer can demonstrate that it is unsafe or not 146 feasible to provide an area with shade, the employer may provide 147 alternative cooling measures as long as the employer can 148 demonstrate that such measures are at least as effective as an 149 area with shade in reducing heat exposure. 150 (7) TRAINING.—An employer shall provide annual training on 151 heat illness which has been approved by the Department of 152 Agriculture and Consumer Services and the Department of Health 153 to all employees and supervisors in the languages understood by 154 a majority of the employees and supervisors. Each employee who 155 regularly works in, or who is in the process of acclimatization 156 to, an outdoor environment must participate in the training 157 provided by the employer. Training materials must be written and 158 available in English and in the languages understood by a 159 majority of the employees and supervisors. Supervisors shall 160 make such written materials available upon request. 161 (a) Training on all of the following topics must be 162 provided to all employees who work in an outdoor environment: 163 1. The environmental risk factors for heat illness. 164 2. General awareness of personal risk factors for heat 165 illness and how an employee can monitor his or her own personal 166 risk factors for heat 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 an employee immediately reporting to 178 the employer, directly or through a supervisor, if the employee 179 or a coworker exhibits signs or symptoms of heat illness, and 180 the importance of receiving immediate medical attention for 181 those signs or symptoms. 182 8. The importance of following the employer’s outdoor heat 183 exposure safety program and related high-heat procedures. 184 (b) Training on all of the following topics must 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 an outdoor 189 heat exposure safety program. 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 (8) 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 the training requirements established by this section. 202 Section 2. This act shall take effect October 1, 2025.