Florida Governor Blocks Local Heat Protection Laws for Outdoor Workers
According to a report from the Tallahassee Democrat, Florida Governor Ron DeSantis has blocked the ability of local/municipal governments in the state from establishing heat protection laws to protect outdoor workers. The legislation signed by the Governor makes it unlawful (and unenforceable) for any local governments to enact their own municipal heat safety regulations.
Florida Lacks Comprehensive Workplace Heat Safety Laws for Outdoor Workers
For the most part, workplace heat safety protections for outdoor workers exist at the state-level. Some jurisdictions have comprehensive requirements in place. Other states lack any such laws. For example, California has laws regulating water and shade requirements for outdoor workers when the temperature reaches a certain level.
In contrast, Florida has no specific state laws that mandate protections for outdoor workers against the hazards of extreme heat, such as mandatory water breaks, shade, or cooling periods. That is not to say that no regulations are in place. Florida and other states that lack heat safety laws rely instead on Occupational Safety and Health Administration’s (OSHA) general duty clause. The clause requires employers to provide a safe working environment as a general matter. An employer that violates the general duty clause could be liable for a workplace safety violation.
Miami-Dade County was Preparing to Enact Local Heat Safety Regulation
Temperatures have been rising in recent years. 2023 was the hottest summer on record in Florida. In response to the intense heat and its impact on workers, Miami-Dade County had proposed a local heat protection rule. The law, which shares some similarities with regulations that exist in other states, would guarantee outdoor workers access to water, shade, and rest breaks during high temperatures. However, that proposed Miami-Dade County regulation will not take effect. While Miami-Dade County was the largest jurisdiction considering a change, other local governments in Florida were also weighing similar regulatory action.
Florida Law Eliminates Local Government Authority to Enact Regulations
Florida Governor Ron DeSantis signed into law a bill that prevents local governments in the state from enacting their own regulations to protect outdoor workers from heat-related illnesses. The legislation specifically prohibits cities and counties from setting local standards that would require employers to provide measures like water breaks, shade, and heat safety training.
The law establishes state preemption—meaning that only the state legislature can set such standards. Beyond that, the law delays any possible state-based outdoor worker safety standard from taking effect 2028 at the earliest. In other words, unless this legislation is repealed, there will be no new state or local heat safety regulations for outdoor workers anywhere in Florida for four years. In 2028, Florida could enact a statewide workplace heat safety provision.
Get Help From an Employment Lawyer in Florida
Employment law is complicated—especially when workplace safety matters are involved. If you are an employer or employee with any questions about federal or state workplace safety laws, please do not hesitate to contact an experienced attorney for a confidential initial consultation.
