What a federal heat protection rule would mean for Florida's outdoor workers
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One day after Florida's new law barring local governments from mandating heat protections for outdoor workers went into effect, the Biden administration announced a new rule aiming to ensure those protections exist.
Why it matters: The rule would impact the more than 2 million outdoor workers in Florida and more than 300,000 in Miami-Dade, as record temperatures pose a rising threat to their health.
The big picture: The rule would be the country's first federal safety standard addressing excessive heat in the workplace.
- Only about six states, most of which are in the West, have state-level protections in place, per an analysis by Bloomberg Law.
How it works: Under the rule, employers in certain jobs would have to establish a heat safety coordinator for the workplace and develop procedures for responding to symptoms of heat illness.
- The rule would apply to indoor and outdoor workers who engage in physical activity and are exposed to a heat index of 80°F or higher.
- South Florida has already surpassed heat norms, recording the hottest May in history with two straight days with a heat index of 112°F.
Stunning stat: Last summer, Miami's heat index topped 100°F for 46 consecutive days.
What they're saying: The rule's purpose is to "significantly reduce" illnesses and deaths among workers "exposed to excessive heat…while simply doing their job," a senior White House official said during a July 1 press call.
By the numbers: There were 33,890 work-related heat injuries and illnesses from 2011 to 2020, according to the latest data available from the Bureau of Labor Statistics.
- More than 75% of heat-related fatalities occur during a worker's first week on the job, according to the Department of Labor.
The latest: The federal Occupational Safety and Health Administration last week announced it had cited an Arcadia-based labor contractor for failing to protect a worker who collapsed and died while harvesting oranges last year.
- The 41-year-old's heat illness occurred on a day with a heat index of 92°F, according to the agency.
Friction point: Oscar Londoño, co-executive director of the worker advocacy group WeCount!, called the new rule "a win for workers, but not enough."
- "We call on OSHA to move with urgency," he said in a statement. "Workers have been promised heat protections for years and we cannot afford to wait any longer."
The other side: The rule will likely face legal challenges from industry groups that have opposed heat protections as unduly burdensome on businesses.
Yes, but: The White House is confident the rule has legal standing and won't be impacted by the recent Supreme Court decision that significantly reduced the government's regulatory authority, a senior official said.
State of play: The Miami-Dade County Commission in March withdrew an effort to require water, breaks and shade for outdoor workers after the Legislature passed its preemption.
Caveat: Florida's law banning protection mandates applies only to governments, not private companies, WeCount! policy director Esteban Wood told Axios.
- "[The law] doesn't remove the responsibility from the business owners," he told Axios.
- Many businesses do offer heat protection for their employees, but not all, he said. "We've handicapped local governments' ability to fill in those gaps."
What's next: WeCount! and other community-based organizations plan to continue outreach and education efforts to the people most threatened by extreme heat.