ANNALS OF DeSANTISTAN: DeSantis signs new bill blocking workers from heat protections. What is HB 433? (USA Today Network, April 15, 2024)

IT's ALL ABOUT THE CRUELTY: Extremist radical Boy Governor RONALD DION DeSANTIS and his louche legislative henchmen have no moral compass. Passing a law erasing heat protections for workers is the height of immorality.  From USA Today Network: 

DeSantis signs new bill blocking workers from heat protections. What is HB 433?

Samantha Neely

USA TODAY NETWORK - Florida

Gov. Ron DeSantis signed a bill last week preventing local governments from requiring heat protection for outdoor workers.

NPR points out that roughly two million people in Florida, from construction to agriculture, work outside. On average, the state's summer can reach up to 95 degrees, with the humidity and blazing sun making it feel over 100.

Rep. Tiffany Esposito of Fort Myers sponsored the House version of the bill, told outlets her husband has worked in South Florida’s construction sector for two decades and added she knows the industry takes worker safety seriously.

“This is very much a people-centric bill,” Esposito said. “If we want to talk about Floridians thriving, they do that by having good job opportunities. And if you want to talk about health and wellness, and you want to talk about how we can make sure that all Floridians are healthy, you do that by making sure that they have a good job. And in order to provide good jobs, we need to not put businesses out of business.”

Here's what to know about the bill and what it means for your city.

What is HB 433? What does it say regarding heat protections?

House Bill 433, referred to as the Employment Regulations Bill, says it seeks to "prohibit political subdivisions (city and county governments) from maintaining a minimum wage other than a state or federal minimum wage; prohibit political subdivisions from controlling, affecting, or awarding preferences based on the wages or employment benefits of entities doing business with the political subdivision; revise and provide applicability."

Regarding heat exposure protections, the bill's summary details it will prohibit political subdivisions from:

• Requiring an employer, including an employer contracting with the political subdivision, to meet or provide heat exposure requirements not otherwise required under state or federal law.
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• Giving preference, or considering or seeking information, in a competitive solicitation to an employer based on the employer's heat exposure requirements.

he bill's analysis dives deeper into the decision to regulate heat exposure protections, saying the Occupational Safety and Health Administration has developed the best practices over the years. It adds that recognizing that preventing heat-related illnesses "requires education and close collaboration between employers and employees."

"Whereas local governments have started to adopt their own workplace heat exposure requirements, some of which apply only to specific industries, which ignore the individual responsibility of an employee to follow relevant guidelines and to protect himself or herself from heat-related illnesses, and rely on fines and penalties assessed on employers to fund the enforcement of such requirements."

What are Florida's statewide heat exposure protections?

Despite outlining in its summary that counties and cities would have to adopt the state's stances on heat exposure protection, Florida does not have any statewide standard. However, the bill's text heavily supports OSHA's guidelines regarding the subject.

Florida is under federal OSHA jurisdiction which covers most private-sector workers within the state. State and local government workers are not covered by federal OSHA.

OSHA has a “general duty clause," which requires employers to provide workplaces “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This includes heat-related hazards that are likely to cause death or serious bodily harm.

What does HB 433 mean for workers in Florida cities and counties?

Overall, the legislation would make any local heat protection measures "void and prohibited," within all 67 Florida counties.

Specifically in Miami-Dade County, this legislation would kill the county's proposal to require 10-minute breaks in the shade for every two hours for any construction and farm workers outside. After negotiating for years, county commissioners had the item on their agenda up until the law was signed.

In a Friday press conference, DeSantis addressed the bill, saying "there was a lot of concern out of one county, Miami-Dade. And I don't think it was an issue in any other part of the state, I think they were pursuing something that was going to cause a lot of problems down there."

How many heat-related deaths does Florida have a year? How hot is Florida supposed to get this summer?

From 2010 to 2020, the University of Florida recorded 215 heat-related deaths occurred in Florida, with the number of yearly deaths varied between 10 and 28.

According to the Centers for Disease Control and Prevention, average annual heat-related deaths have risen 95% from 2010 to 2022.

Florida is projected to experience more days of extreme heat this summer (when temperatures are at least 95 degrees), compared to averages over the last 30 years, according to the Florida Climate Center at Florida State University.

When does HB 433 go into effect in Florida?

The law will go into effect on Monday, July 1.

What other bills did DeSantis sign last week?

In addition to the Employment Regulations bill, DeSantis also signed nine other bills in law on Thursday:

• HB 135 - Voter Registration Applications
• HB 201 - Emergency Insulin Refills
• HB 709 - In-Store Servicing of Alcoholic Beverages
• HB 937 - Purple Alert
• HB 1227 - Tuskegee Airmen Commemoration Day
• HB 1337 - Department of Corrections
• SB 592 - Historical Preservation Programs
• SB 968 - Spaceport Territory
• SB 1090 - Alcoholic Drink Sales