Florida lawmakers ban local efforts to regulate employee heat exposure

If you can’t take the heat…be careful in Florida. Gov. Ron DeSantis, a Republican, last week signed a law that would prevent local governments from establishing rules protecting workers from excessive heat in the Sunshine State.

The measure was part of a larger preemptive law stopping local governments from establishing minimum wages above the state’s $12-an-hour rate, as well as barring any specific employee benefits or conditions beyond what state or federal laws allow as a requirement for doing business with any municipality in Florida.

Local governments cannot regulate “employee monitoring and protection, water consumption, cooling measures, acclimation, and recovery periods,” or “posting or distributing notices or materials that inform employees how to protect themselves from heat exposure,” among other prohibited activities, according to the legislative text.

The new law was enacted just as local officials in Miami-Dade County were set to explore protection mandates for outdoor workers, according to local media reports, and it was a major win for the Florida Chamber of Commerce, which outlined a ban as part of its 2024 agenda.

Hot, hot heat. Last year was the hottest year on record, and climate experts say there’s a good chance 2024 will be even more sweltering, based on a record toasty first quarter.

Last summer, the Department of Labor issued a hazard alert reminding employers of their general duty to protect workers in the heat, but there is no federal heat standard, and regulating how employers protect their workforce is up to local governments.

That alert reminded employers of their “legal and moral responsibility not to assign work in high heat conditions without protections in place for workers.” Officials recommended employers ensure access to water, rest, and shade; allow new workers time to build up tolerance; and offer training on preventing and responding to heat illness.

Some states, including California, Colorado, Minnesota, Oregon, and Washington, have enacted heat standards, and lawmakers in a handful of other states are exploring them, according to the National Caucus of Environmental Legislators. Texas Gov. Greg Abbott, another Republican, on the other hand, signed a law similar to Florida’s last June, to bar local governments from enacting local measures.

So, what’s HR to do? HR Brew reported in August that employers looking to protect their outdoor workers from extreme heat can explore simple fixes like adjusting scheduling, embracing flexibility, relying on tech that can help flag dangerous conditions, and creating a response plan to be ready for the next heat wave.