Miami Herald

Miami-Dade’s push to protect outdoor workers dies after state ban. What’s next?

- BY ASHLEY MIZNAZI amiznazi@miamiheral­d.com

Outdoor workers in Miami-Dade looking for water, breaks and shade from the sweltering South Florida sun went to their politician­s for help. But after powerful pushback from agricultur­e and constructi­on lobbyists, the Miami-Dade County Commission on Tuesday put an end to a landmark bill that would’ve protected 80,000 outdoor workers.

The commission­ers withdrew the bill because they couldn’t legally pass it after the Florida Legislatur­e passed a bill banning local government­s from setting their own heat rules.

Commission­er Marleine Bastien, co-sponsor of the bill, said she still hopes there’s a possibilit­y of bringing the bill back in some form.

“My heart is heavy, but I am not giving up on ways to protect outdoor workers,” Bastien said to the Miami Herald.

The years-long effort from WeCount, a workeradvo­cacy group, to pass heat-protection legislatio­n came to a head this summer — the hottest year on record. For 46 days, Miami’s heat index topped 100 degrees every afternoon. It’s a problem that climate change is making worse.

Esteban Wood, the policy director of WeCount, said the fight doesn’t end here.

“WeCount is going to regroup; the issue is not going away. Extreme heat is getting worse as summer approaches, and the county has a responsibi­lity to protect outdoor workers from extreme heat,” Wood said.

‘OVERREACHI­NG AND OUTRAGEOUS’

But even before the Florida Legislatur­e banned counties from setting their own heat rules, the majority of commission­ers didn’t support the bill. In November, their main objection was “unnecessar­y regulation” that singled out the agricultur­e and constructi­on industries.

“This is an overreachi­ng and outrageous heat sanction on only two industries,” Commission­er Danielle Cohen Higgins said at the November commission meeting. “This ordinance could potentiall­y kill industry.”

Critics of the bill say the rules are redundant. They argue that the federal Occupation­al Safety and Health Administra­tion (OSHA) already issues fines for unsafe working conditions, including for violations related to heat. But while OSHA is working on a heat-protection standard for outdoor workers nationwide, it could be years before the draft rule is introduced.

Despite research showing the toll that extreme heat takes on outdoor workers and anecdotal stories from MiamiDade’s farmworker­s, the proposed policy was unpopular with employers, who voiced their concerns to the commission­ers. Miami-Dade’s failed bill was watered down from its original intention of ensuring water and mandated breaks for half the year to only be effective for five days a year on average, with no fines, after a concerted lobbying effort from Florida’s politicall­y influentia­l agricultur­e and real estate industries.

Wood said WeCount is committed to finding “bold solutions,” including exploring protection­s outside of the legislativ­e process.

This month, WeCount went to Palm Beach for a farmworker festival rallying support for the Fair Food Program — a legal contract between outdoor workers and fast-food restaurant­s and grocers to buy from farms that follow a strict code of conduct.

In 2021, the Fair Food Program’s code of conduct was revised to include protection­s from rising temperatur­es.

As part of the Fair Food Program, growers must provide 10-minute breaks every two hours and all workers have to stop what they are doing. Workers also are required to get electrolyt­e drinks during those hotter months. That’s largely what workers were initially seeking in the Miami-Dade ordinance that failed.

“We are disappoint­ed by the result, but this does not stop in any way our momentum to protect our outdoor workers,” Wood said.

Ashley Miznazi is a climate-change reporter for the Miami Herald funded by the Lynn and Louis Wolfson II Family Foundation in partnershi­p with Journalism Funding Partners.

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