Florida has enacted House Bill 433 that prevents counties or local regulatory agencies from imposing protective measures for outdoor agricultural workers.  With increasingly higher temperatures workers are susceptible to heat prostration that can be prevented by available water, shade and rest breaks.

The law expresses a cynical indifference to the safety and welfare of workers and will ultimately be to the determent of productivity and the availability of H-2B workers who are in any event subject to exploitation.

The onus for protection of workers rests with the Department of Labor, Occupational Safety and Health Administration (OSHA).  In 2021 the Administration ordered the Agency to develop workplace standards that have yet to be published.

A State Representative opposed to the bill noted, “We have generations of folks who are experiencing heat stress because they are outside and also suffer kidney damage because there are no bathroom breaks.  Preempting safety requirements in a state as hot as Florida does not make sense.”

The action by the Florida Legislature was initiated by lobbying from industry groups concerned over local ordinances mandating protective measures. In 2023, Texas enacted a similar law preempting city and county governments from passing workplace safety mandates. Texas HB-2127 is now in effect but has been ruled unconstitutional.

 Irrespective of any mandated legal protection afforded agricultural field and plant workers, it is hoped that a sense of decency and compassion will encourage employers to implement measures against heat stress and fatigue.