Bill Text: FL S1766 | 2018 | Regular Session | Introduced


Bill Title: Heat Illness Prevention

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S1766 Detail]

Download: Florida-2018-S1766-Introduced.html
       Florida Senate - 2018                                    SB 1766
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01663A-18                                          20181766__
    1                        A bill to be entitled                      
    2         An act relating to heat illness prevention; creating
    3         s. 448.111, F.S.; providing applicability; providing
    4         definitions; providing responsibilities of certain
    5         employers and employees; providing requirements for
    6         certain employers to provide drinking water to
    7         employees; requiring certain employers to provide
    8         shade to employees under certain conditions; providing
    9         an exception; providing training requirements for
   10         certain employees and supervisors; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 448.111, Florida Statutes, is created to
   16  read:
   17         448.111Heat illness prevention.—
   18         (1)APPLICABILITY.—
   19         (a)This section applies to employers in industries in
   20  which employees regularly perform work in an outdoor
   21  environment, including, but not limited to, agriculture,
   22  construction, and landscaping.
   23         (b)This section does not apply to an employee who is
   24  required to work in an outdoor environment for less than 15
   25  minutes per hour for every hour in the employee’s workday.
   26         (c)This section is supplemental to all related industry
   27  specific standards. When the requirements under this section
   28  offer greater protection than industry-specific standards, an
   29  employer shall comply with the requirements of this section.
   30         (2)DEFINITIONS.—As used in this section, the term:
   31         (a)“Acclimatization” means temporary adaptation of a
   32  person to work in the heat that occurs when a person is
   33  gradually exposed to heat.
   34         (b)“Drinking water” means potable water. The term includes
   35  electrolyte-replenishing beverages that do not contain caffeine.
   36         (c)“Employee” means a person who performs services for and
   37  under the control and direction of an employer for wages or
   38  other remuneration. The term includes an independent contractor.
   39         (d)“Employer” means an individual, firm, partnership,
   40  institution, corporation, association, or an entity listed in s.
   41  121.021(10) that employs individuals.
   42         (e)“Environmental risk factors for heat illness” means
   43  working conditions that create the possibility of heat illness,
   44  including air temperature, relative humidity, radiant heat from
   45  the sun and other sources, conductive heat from sources such as
   46  the ground, air movement, workload severity and duration, and
   47  protective clothing and equipment worn by an employee.
   48         (f)“Heat illness” means a serious medical condition
   49  resulting from the body’s inability to cope with a particular
   50  heat, and includes heat cramps, heat exhaustion, heat syncope,
   51  and heat stroke.
   52         (g)“Outdoor environment” means a location where work
   53  activities are conducted outside. The term includes work
   54  environments that are inside but the temperature is not managed
   55  by devices that reduce heat exposure and aid in cooling, such as
   56  air conditioning, including, but not limited to, sheds, tents,
   57  or other structures.
   58         (h)“Personal risk factors for heat illness” means factors
   59  specific to an individual, including his or her age; degree of
   60  acclimatization; health; water, alcohol, or caffeine
   61  consumption; use of prescription medications; or other
   62  physiological responses to heat.
   63         (i)“Recovery period” means a cool down period to allow an
   64  employee to prevent heat illness.
   65         (k)“Shade” means an area blocked from direct sunlight.
   66         (3)RESPONSIBILITIES.—
   67         (a)An employer of employees who regularly work in an
   68  outdoor environment shall create an outdoor heat exposure safety
   69  program, which must, at a minimum:
   70         1.Train and inform employees of the warning signs and
   71  symptoms of heat illness, the importance of frequently consuming
   72  drinking water and regular recovery periods, and the right to
   73  seek medical care if necessary.
   74         2.Provide for first aid and training on other remedial
   75  methods, such as loosening clothing, access to shade, drinking
   76  water, or a place to rest, to address symptoms of heat illness.
   77         3. Implement the following high-heat procedures, to the
   78  extent practicable, when a supervisor monitors that the
   79  temperature at the work area equals or exceeds 95 degrees
   80  Fahrenheit:
   81         a.Ensure that effective communication by voice,
   82  observation, or electronic means is maintained so that an
   83  employee may contact a supervisor or an emergency medical
   84  service provider if necessary.
   85         b.Remind employees throughout the workday to consume
   86  drinking water.
   87         c.Ensure that each employee takes a 10 minute recovery
   88  period every 2 hours that the employee is working in an outdoor
   89  environment. The recovery period may be concurrent with a meal
   90  or rest period required by law if the timing of the recovery
   91  period coincides with a required meal or rest period.
   92         d.Conduct a preshift meeting each workday to review the
   93  high-heat procedures.
   94         (b)An employee who regularly works in an outdoor
   95  environment shall participate in training that is provided by
   96  the employer pursuant to subsection (6). An employee is
   97  responsible for monitoring his or her own personal risk factors
   98  for heat illness.
   99         (4)DRINKING WATER.—An employer shall ensure that a
  100  sufficient quantity of cool, clean drinking water is at all
  101  times readily accessible and free of charge to employees who
  102  work in an outdoor environment. Such drinking water shall be
  103  located as close as practicable to the areas where employees are
  104  working. If drinking water is not plumbed or otherwise
  105  continuously supplied, an employer shall provide a sufficient
  106  quantity of drinking water at the beginning of the workday to
  107  provide one quart per employee per hour for the entire workday.
  108  An employer may supply a smaller quantity of drinking water to
  109  an employee at the beginning of the workday if the employer has
  110  adequate procedures to allow the employee to replenish drinking
  111  water as needed to allow an employee one quart or more per hour
  112  for the entire workday.
  113         (5)ACCESS TO SHADE.—
  114         (a)When the outdoor temperature, as monitored by a
  115  supervisor, in the work area exceeds 80 degrees Fahrenheit, an
  116  employer must maintain one or more areas with shade that are
  117  open to the air or offer ventilation or cooling at all times
  118  while employees are working. The amount of shade present must be
  119  able to accommodate the total number of employees on recovery
  120  periods at one time without the employees having to be in
  121  physical contact with each other.
  122         (b)An employee who exhibits signs or symptoms of heat
  123  illness shall be relieved from duty, provided with access to
  124  shade for at least 15 minutes or until the signs or symptoms of
  125  heat illness have abated, and monitored to determine whether
  126  medical attention is necessary. If such signs or symptoms do not
  127  abate within this time, an employer shall seek medical attention
  128  in a timely manner for the employee.
  129         (c)If an employer can demonstrate that it is unsafe or not
  130  feasible to provide a shade structure, or otherwise to have
  131  shade present on a continuous basis, the employer may provide
  132  alternative cooling measures as long as the employer can
  133  demonstrate that such measures are at least as effective as
  134  shade in reducing heat exposure.
  135         (6)TRAINING.—An employer shall provide annual training to
  136  all employees and supervisors in the languages understood by a
  137  majority of the employees and supervisors. Training information
  138  shall be written in English and translated into all languages
  139  understood by the employees and supervisors. Supervisors shall
  140  make such written materials available upon request.
  141         (a)Training on the following topics shall be provided to
  142  all employees who work in an outdoor environment:
  143         1.The environmental risk factors for heat illness.
  144         2.General awareness of personal risk factors for heat
  145  illness.
  146         3.The importance of removing heat-retaining personal
  147  protective equipment such as nonbreathable chemical-resistant
  148  clothing during all breaks.
  149         4.The importance of frequent consumption of drinking
  150  water.
  151         5.The concept, importance, and methods of acclimatization.
  152         6.The common signs and symptoms of heat illness.
  153         7.The importance of an employee immediately reporting to
  154  the employer, directly or through a supervisor, signs or
  155  symptoms of heat illness in himself or herself or a coworker.
  156         8.The employer’s outdoor heat exposure safety program and
  157  related high-heat procedures.
  158         (b)Training on the following topics shall be provided to
  159  all supervisors before supervising employees who work in an
  160  outdoor environment:
  161         1.Information required to be provided to employees.
  162         2.Procedures a supervisor must follow to implement this
  163  section.
  164         3.Procedures a supervisor must follow when an employee
  165  exhibits or reports signs or symptoms of heat illness.
  166         4.Procedures for transporting to an emergency medical
  167  service provider an employee who exhibits or reports signs or
  168  symptoms of heat illness in a swift and timely manner, if
  169  necessary.
  170         Section 2. This act shall take effect July 1, 2018.

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