Worker safety standards for extreme heat proposed by Biden administration

One day after Florida's new law barring local governments from mandating heat protections for outdoor workers went into effect, the Biden administration announced a new rule aiming to ensure those protections exist.

Why it matters: The rule would impact the more than 2 million outdoor workers in Florida and more than 300,000 in Miami-Dade, as record temperatures pose a rising threat to their health.

The big picture: The rule would be the country's first federal safety standard addressing excessive heat in the workplace.

• Only about six states, most of which are in the West, have state-level protections in place, per an analysis by Bloomberg Law.

How it works: Under the rule, employers in certain jobs would have to establish a heat safety coordinator for the workplace and develop procedures for responding to symptoms of heat illness.

• The rule would apply to indoor and outdoor workers who engage in physical activity and are exposed to a heat index of 80°F or higher.
• South Florida has already surpassed heat norms , recording the hottest May in history with two straight days with a heat index of 112°F.

Stunning stat: Last summer, Miami's heat index topped 100°F for 46 consecutive days .

What they're saying: The rule's purpose is to "significantly reduce" illnesses and deaths among workers "exposed to excessive heat…while simply doing their job," a senior White House official said during a July 1 press call.

By the numbers: There were 33,890 work-related heat injuries and illnesses from 2011 to 2020, according to the latest data available from the Bureau of Labor Statistics .

• More than 75% of heat-related fatalities occur during a worker's first week on the job, according to the Department of Labor .

The latest: The federal Occupational Safety and Health Administration last week announced it had cited an Arcadia-based labor contractor for failing to protect a worker who collapsed and died while harvesting oranges last year.

• The 41-year-old's heat illness occurred on a day with a heat index of 92°F, according to the agency.

Friction point: Oscar Londoño, co-executive director of the worker advocacy group WeCount!, called the new rule "a win for workers, but not enough."

• "We call on OSHA to move with urgency," he said in a statement. "Workers have been promised heat protections for years and we cannot afford to wait any longer."

The other side: The rule will likely face legal challenges from industry groups that have opposed heat protections as unduly burdensome on businesses.

Yes, but: The White House is confident the rule has legal standing and won't be impacted by the recent Supreme Court decision that significantly reduced the government's regulatory authority, a senior official said.

State of play: The Miami-Dade County Commission in March withdrew an effort to require water, breaks and shade for outdoor workers after the Legislature passed its preemption .

Caveat: Florida's law banning protection mandates applies only to governments, not private companies, WeCount! policy director Esteban Wood told Axios.

• "[The law] doesn't remove the responsibility from the business owners," he told Axios.
• Many businesses do offer heat protection for their employees, but not all, he said. "We've handicapped local governments' ability to fill in those gaps."

What's next: WeCount! and other community-based organizations plan to continue outreach and education efforts to the people most threatened by extreme heat.