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         448.112Heat 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.