Keep Me in the Loop!

Orlando Sentinel (FL): Bill targets regulating heat-related injuries for Florida outdoor workers

Bill targets regulating heat-related injuries for Florida outdoor workers

Florida’s agriculture and construction employers could soon be required to train outdoor workers and managers on avoiding heat-related illnesses under proposed legislation filed earlier this week.

The heat illness prevention bill, sponsored by Orlando Democrat Rep. Carlos Guillermo Smith, would set a statewide standard for all outdoor workers to be given plenty of drinking water, access to shade and 10-minute rest breaks enforced after every two hours of outside labor.

“We often call the farmworkers the ‘invisible ones’ because what they do is unseen, is unheard,” Smith said. “They do such important work and they’re often forgotten and we want to make sure that we’re protecting [them].”

The bill, and its companion bill in the Florida Senate, would also require annual training to spot signs of heat exhaustion and allow for “acclimatization,” or a two-week period for gradual adaptation to a hot environment.

The legislation could face a difficult path — it has no co-sponsors in the Florida House of Representatives and has yet to be assigned to any legislative committees.

The U.S. Labor Department’s Office for Safety and Health Administration recommends employers provide enough water, rest and shade for workers in hot environments. OSHA notes precautions should be taken if the heat index, a measurement that takes humidity and temperature into account, reaches 91 degrees or more.

But aside from avoiding general hazards, the federal agency does not have a standard for safety practices in indoor or outdoor heat exposure. Few states, including California and Minnesota, require workers and employers to be trained in avoiding heat-related illnesses.

The new bill follows several studies that shed light on the dangers of heat exposure mixed with strenuous labor as temperatures continue to rise due to the warming effects of climate change. Researchers at Emory University recently monitored workers in five Florida farming communities — including Apopka and Pierson — from 2015 to 2017 for The Girasoles Study on the effects of heat stress. In Apopka, the study showed nearly half of all participants began the day dehydrated and almost all experienced dangerous body temperatures by the end of the day.

Particularly in construction and farming, advocates also argue that workers who are undocumented immigrants are less likely to take breaks or report an injury for fear of losing their job or being turned over to federal immigration authorities.

“Florida’s one of the hottest states in the entire country, and … you have humidity added that makes the heat even more debilitating,” said Jeannie Economos, a safety and health coordinator with the Farmworker Association of Florida in Apopka. “We think it’s about time that Florida steps up.”

Smith’s legislation also follows the death last August of a Florida landscaper who was doing yard work at a home in Nokomis, about 30 minutes south of Sarasota. After six hours of using a lawn edger, the employee passed out and later died of heat exhaustion, according to findings from OSHA. Investigators found that the heat index reached between 97 and 105 degrees on the day of the incident.

Last month, OSHA announced the company, Olin Landscaping, is facing up to $16,102 in fines for multiple workplace violations, including “exposing employees to outdoor heat hazards” and “failing to report the workplace fatality to OSHA within eight hours, as required.” The company can contest OSHA’s findings or request an informal conference with the agency.

Ben Belusky, chief executive officer at the Florida Nursery, Growers and Landscape Association, argued most employers already comply with training and follow federal heat-related guidelines.

“Much of the provisions of the bill are largely duplicative,” Belusky said. He added employers want to avoid injuries and illnesses because it generally affects productivity and increases worker’s compensation rates.

“No one wants to have their workers become ill or injured on the job,” he said.

Smith and Economos agreed Florida employers are, for the most part, willing to keep their workers safe.

“Many employers are already doing this,” Smith said. “So many employers in the agriculture industry want to care for workers like they are their own family. … But there’s always the bad actors and it’s important for government to mandate some of these safety standards.”

bpadro@orlandosentinel.com or follow me on Twitter @BiancaJoanie