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The Biden administration is taking steps to protect workers from extreme heat across the country. This move comes just months after Florida's Governor Ron DeSantis signed a controversial law preventing local governments from imposing heat protection requirements on Florida businesses.
The proposed federal rule, released by the Occupational Safety and Health Administration (OSHA), would require employers to provide essential protections when temperatures exceed certain thresholds. These protections include access to water and rest breaks. “Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Assistant Secretary for Occupational Safety and Health Douglas L. Parker.
During Florida’s legislative session, the debate over requiring heat protections for workers was fierce. Governor DeSantis signed House Bill 433, which specifically prevents local governments from mandating such protections. In 2023, the Miami-Dade County Commission considered measures for construction and agriculture workers that would ensure access to water and provide 10-minute breaks in the shade every two hours when the heat index reached at least 95 degrees.
Supporters of the bill argued that it would prevent a patchwork of regulations, as employers already face requirements to protect workers from heat-related injuries.
Opponents stressed the need for additional protections for workers laboring in Florida’s often sweltering heat.
While the federal government lacks specific standards for hazardous heat conditions, OSHA can take action against businesses using the “general duty clause” of workplace safety laws.