A controversial new Florida law went into effect July 1st, barring local governments from requiring businesses to provide heat-exposure protections for workers. At the same time, the Biden administration is moving forward with a proposal that would require those protections for workers across the country.
The federal government’s proposed rule requires employers to provide water and rest breaks when temperatures pass certain thresholds.
The rule had already been in the works, but it comes as a new Florida law began preventing local governments from requiring heat protections for workers.
Supporters of the state law say it would prevent a patchwork of regulations and that employers already face requirements to protect workers from heat-related injuries.
But Karen Woodall, executive director of the Florida People’s Advocacy Center, says those weren’t actually requirements that could be enforced.
“The business community said OSHA already does it. OSHA DOESN’T already do it, which is why they’re working on a rule," she said. "They don’t already do it. They make recommendations, they have posters, they have what you SHOULD already do. But a rule had never been issued, so it wasn’t a requirement.”
OSHA is the Occupational Safety and Health Administration—which is proposing the federal rules.
Advocates for workers say they need more protection as they earn their livings in the Florida heat. Jeannie Economos is with the Farmworker Association of Florida. She says the workers often go without water or breaks because they’re usually paid by the piece—not the hour.
“A lot of times, workers actually wear diapers to work, because they don’t stop to drink water or go to the bathroom until their 15-minute break or their lunch break," she said. "And so, they don’t drink water because they don ‘t want to have to go to the bathroom. Because they’d have to stop work and they might get harassed or called out or possibly even fired for stopping to go to the bathroom or drink water.”
The proposed federal rule also would require employers to develop plans to prevent heat-related illnesses or injuries and monitor heat conditions. The advocacy center’s Woodall is urging that it get passed quickly but anticipates that the same groups that pushed for the new Florida law will fight the proposed OSHA rule.
She’s part of a coalition that’s been working for seven years on a state measure that would provide education and training for workers and employers on preventing heat-related illnesses.
Many Florida businesses already have heat protections in place for their workers. Gloria Pugh is the CEO of AMWAT Moving, based in Tallahassee. She says her company provides coolers of ice water and Gatorade for workers all day long, as well as free snacks and fruit. She says she believes in the free market, but also says that employers have responsibilities to their employees.
“...and that’s in regards to safety and health, and making sure that they’re safe and thriving in their jobs," she said. "That’s what sets apart good employers from bad employers.”
Pugh says consumers also have responsibilities toward workers.
“Consumers need to ask themselves what can they do," she said. "Because oftentimes, if you have businesses that offer extremely low pricing for services, you need to ask yourself, ‘How is that possible?’ And a lot of times, it’s because they’re not treating their employees well.”
If the proposed OSHA rule is ultimately approved, it would apply to about 36 million workers.
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https://www.osha.gov/heat/worker-information
When it comes to extreme heat at work, you have the right to:
- Speak up about hazards without fear of retaliation. For more information on whistleblower protections, visit www.whistleblowers.gov.
- Request an OSHA inspection and speak to OSHA inspectors.
- Report an injury or illness, and review and get copies of your medical records from your employer.
- See the results of workplace examinations or tests taken to identify workplace hazards.
