Florida’s new law preempting local heat protection measures for outdoor workers could disproportionately affect Hispanic and noncitizen immigrant workers, according to a KFF analysis of recent census data.
The legislation, signed by Governor DeSantis on April 11 and set to take effect July 1, prevents local governments from requiring employers to provide heat protections beyond state or federal standards. This includes mandates for water breaks and cooling measures.
The analysis shows that nearly 1.8 million nonelderly adult outdoor workers in Florida could be impacted. Hispanic workers make up 40% of this workforce, compared to 30% of the total workforce. Noncitizen immigrants comprise 22% of outdoor workers, nearly double their 12% share of the overall workforce.
These groups are particularly overrepresented in transportation, outdoor cleaning, construction, and agriculture sectors.
The law comes amid increasing climate change-related heat waves. Florida experienced its hottest year on record in 2023, with some surface temperatures reaching 177 degrees Fahrenheit.
Outdoor workers face higher risks of heat-related illnesses and deaths. Research indicates that agriculture, forestry, fishing, hunting, and construction workers experience the highest rates of heat-related mortality.
The economic impact could be substantial. One study projects that by 2050, extreme heat-related labor productivity losses could cost Florida up to $52 billion.
While six states have occupational heat protection standards for outdoor workers, there are currently no federal standards in place. The Occupational Safety and Health Administration is developing such standards, but no completion date has been announced.
See “Florida’s Recent Heat Protection Preemption Law Could Disproportionately Affect Hispanic and Noncitizen Immigrant Workers” (April 26 2024)
