Florida’s deadly heat bill: GOP’s war on outdoor worker safety

March 12th, 2024

Awake Goy

In an alarming development from the Sunshine State, Florida’s GOP-dominated legislature has passed a bill that critics are calling a direct assault on the welfare of outdoor workers. The bill, which effectively bans local governments from mandating water breaks and other essential heat safety measures, has sparked a fierce debate over worker rights and public health amidst escalating temperatures.

This legislative push comes as Miami-Dade County was poised to vote on local water break protections, a move now undercut by the state’s sweeping prohibition. If Governor Ron DeSantis, a Republican, signs the bill into law, it will nullify the county’s efforts to safeguard its workforce, impacting an estimated 2 million workers across Florida.

The timing of this legislation is particularly poignant, as parts of Florida continue to shatter temperature records. Meteorologists have confirmed that the globe has endured its hottest February on record, marking the ninth consecutive month of unprecedented heat levels. In Miami-Dade County alone, heat-related fatalities average 34 deaths annually, a figure that only stands to grow with the relentless rise in temperatures.

Oscar Londoño, executive director of the worker advocacy group WeCount!, expressed grave concerns about the bill’s implications. “Every single year, it’s going to get hotter and hotter,” Londoño told The Guardian. “Many more workers’ lives are going to be at risk. We will see fatalities, because of what Florida Republicans chose to do this week.”

The bill’s provisions are sweeping and draconian: cities and counties within Florida are barred from implementing workplace standards that mandate drinking water, cooling measures, and recovery periods for workers laboring in scorching conditions. Moreover, companies would no longer be required to post or distribute materials informing workers about heat safety, nor facilitate emergency responses to heat-induced illnesses.

Juley Fulcher, a worker health and safety advocate at Public Citizen, minced no words in condemning the legislation. “The vicious inhumanity at the heart of this legislation will cost the lives of and impose needless suffering on workers—especially workers of color and immigrant workers, who make up a disproportionate share of agricultural and construction workers—across the state,” Fulcher stated. She urged Governor DeSantis to veto the bill, emphasizing the dire need for protective measures in the face of mounting heat-related dangers.

This legislative move by Florida’s GOP is not without precedent. In Texas, Republicans advanced a similar bill last year aimed at preventing cities from enacting local ordinances to protect workers, including mandatory water breaks. However, a district court deemed the proposal unconstitutional shortly before its implementation, offering a glimmer of hope for advocates fighting for worker rights.

In light of these developments, there is a growing call for federal action. Advocates like Fulcher are rallying behind the Asuncíon Valdivia Heat Illness, Injury, and Fatality Prevention Act, named in honor of a worker who tragically succumbed to heat stroke after a grueling 10-hour shift in 105-degree heat. This proposed federal law would compel OSHA to adopt interim heat standards, providing much-needed protections for workers nationwide.

The passage of Florida’s bill not only reflects a troubling disregard for worker safety but also highlights a broader trend of legislative efforts that prioritize industry interests over human welfare. With climate change exacerbating the frequency and severity of heatwaves, the need for comprehensive workplace heat standards has never been more urgent.

As Florida joins Texas in rolling back basic protections for workers exposed to extreme heat, the absence of federal standards leaves millions vulnerable to the lethal consequences of environmental neglect. In a state renowned for its sweltering summers, the decision to strip away even the most minimal safety requirements is a stark reminder of the challenges facing labor advocates in their fight for a safer, more humane workplace.

In the words of Sandra Ascencio, a 20-year veteran of Florida’s outdoor labor force, resonate with a poignant urgency. “Once you experience heat stroke, your body is already damaged, and every single time you step into the heat, your body reacts because it feels like it’s going to happen to you again.”