|
Miami-Dade
Legislative Item File Number: 231773 |
|
|
Miami-Dade
Legislative Item File Number: 231773 |
Printable PDF Format
|
| File Number: 231773 | File Type: Ordinance | Status: Second Reading | ||||||||
| Version: 0 | Reference: | Control: Pending BCC Assignment | ||||||||
|
||||||||||
| Requester: NONE | Cost: | Final Action: | ||||||||
|
||||||||||
|
||||||||||
|
||||||||||
| Sunset Provision: No | Effective Date: | Expiration Date: | ||||||||
| Registered Lobbyist: | None Listed |
Legislative History |
|||||||
| Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
| |
|||||||
| Board of County Commissioners | 3/19/2024 | 7A | Withdrawn | ||||
| |
|||||||
| Board of County Commissioners | 11/7/2023 | 7B | Deferred | 3/19/2024 | |||
| REPORT: | County Attorney Geri Bonzon-Keenan read the title of the forgoing proposed ordinance into the record. Vice Chairman Rodriguez noted that the public hearing for the legislation was previously held, and would not be reopened at today’s (11/7) meeting. He acknowledged the members of the public attending today’s (11/7) meeting either in support of, and/or in opposition to, the foregoing proposed ordinance. Commissioner Bastien noted the importance of the proposed legislation and the nationwide precedence it would set. She reviewed the intent of the item and noted that the Occupational Safety and Health Administration (OSHA) had not developed a federal heat standard policy, thus the County should develop one due to record heat in the previous years. Ms. Martha Baker, Nurse, Jackson Hospital, 1685 Cleveland Rd, Miami Beach FL, spoke about the rising cases of heat related injuries and urged the Board to consider the foregoing proposed item for protection of all outdoor workers. Commissioner McGhee indicated his support for the foregoing proposed ordinance and the proffered amendments. Vice Chairman Rodriguez stated that although he understood the intent of the item, he was concerned about creating an additional tier of government to enforce the new rules. He noted that he could not support the proposed legislation in its current form and recommended the Board consider expanding heat safety education, or partner with the State. Commissioner Cabrera advised that while he had supported the legislation at the Committee level he believed more discussion was needed to vet the proffered amendments, and other elements of the ordinance such as the proposed fines, liabilities, and industry enforcement. Commissioner Bermudez concurred with the comments made by his colleagues and noted that he was particularly concerned that the item only addressed two (2) industries, and was not inclusive of all outdoor jobs. Commissioner Bermudez stated that the creation of another enforcement branch of government fell within the purview of the federal government, and noted that the State would weigh in on the issue as well. Commissioner Cohen Higgins echoed Commissioner Bermudez’s comments; citing concerns about the inclusivity of the item. She emphasized that the proposed ordinance went beyond the basic necessities of water, rest, and shade. Commissioner Cohen Higgins maintained that the legislation was not fair because it only addressed two (2) private sector industries, with no references regarding implementation throughout County departments. She commented on the fiscal impact of the item and requested clarification as to how the new department would be funded and managed. Mayor Levine Cava assured the Board members that there was sufficient funding and support within the existing departmental structure and budgets for the new department and tasks. She reviewed potential assignments through Code Enforcement and the Department of Regulatory and Economic Resources (RER) and explained that staff would receive the proper education on the new standards and would begin enforcement in May of 2025. Commissioner Cohen Higgins emphasized that an adequate timeframe was necessary to determine implementation. She noted that OSHA had commenced their evaluation process in December 2021 to assess heat regulations and requirements; and identified portions of the proposed legislation that may be preempted by OSHA. Responding to Commissioner Cohen Higgins’ question as to whether there were any other County codes regulating health and safety, Assistant County Attorney (ACA) Marlon Moffett stated that the County had very minimal codes regarding occupational health and safety, but nothing of this magnitude. Commissioner Cohen Higgins recounted a previous court case with OSHA regarding tower crane regulations set by the County in 2008 that was later overturned because the County did not have jurisdiction to legislate this specific field. She noted that the official OSHA standard regarding heat was “water, rest, and shade”, as OSHA continued to develop further regulations. Commissioner Cohen Higgins stated that OSHA had the overall authority in occupational health and safety, and argued that if this legislation was adopted, it would be preempted by any OSHA approved regulations. She reviewed the various violations and potential consequences included in the proposed legislation, and noted that there was no entity to enforce these regulations nor was there a process to appeal. Commissioner Cohen Higgins emphasized that the proposed heat sanction was overreaching and inferred that farmers and other industries were not properly addressing the matter, which could cripple all industries. Commissioner Regalado thanked the residents who came out to speak on the item, and Commissioners Bastien and McGhee for their commitment and dedication to drafting the legislation. She voiced her concerns on adopting legislation that could be preempted by OSHA legislation and cited the “Tenant Bill of Rights” as an example of what could occur. Commissioner Regalado spoke about the need to properly vet proposed legislation and the public hearing component of items. She pointed out the regulations were not being implemented or enforced within County and opined more education and stakeholder input was needed. Commissioner McGhee stated that he was working with Ms. Alexis Cataluyd and Mr. Bryan Avila, both members of the Florida Senate, on creating a State-wide educational platform to prevent preemption. He emphasized that the worker safety was the primary concern of the proposed ordinance, reviewed Page 7 Section B of the proposed ordinance. Responding to Commissioner McGhee’s request for clarification, Assistant County Attorney (ACA) Kerbel confirmed that the proposed ordinance did not mandate the creation of a new County department. Commissioner McGhee emphasized the need for the legislation. He questioned whether OSHA had taken any measures to preempt the County’s proposed heat regulations and asked if the Board would be permitted to adopt legislation to address the matter. ACA Kerbel stated that there were no measures taken at present that would preempt the County’s heat regulation and explained the difference with the crane preemption. He further noted that it was within the Board’s jurisdiction to adopt legislation to address the issue. In response to Commissioner McGhee’s questions about the County’s heat action plan, Mayor Levine Cava advised that the County had an assigned Heat Chief Officer, a defined heat season and an extreme heat action plan. Commissioner McGhee acknowledged the comments and concerns raised by his colleagues and reiterated the intent of the proposed legislation was to provide protections for outdoor workers, not to hinder industries. Vice Chairman Rodriguez clarified the proposed ordinance would not create a new department, but implement the program through RER. Addressing Vice Chairman Rodriguez’s request for clarification about the additional resources needed to create the dedicated sub-department, ACA Kerbel stated the term “department” within the legislation referred to a placeholder for the entity that would implement and enforce the regulations. He noted RER would oversee the program, but noted the administration would make the final decision regarding the organizational and reporting structure. Commissioner Cabrera echoed Commissioner Regalado’s concerns about properly vetting legislation and noted that he would like more input from all stakeholders. He also suggested that the sponsors consider drafting the legislation to require the creation of a task force, similar to what was done for Biscayne Bay. Commissioner Cohen Higgins reiterated hers concerns and the language referencing the creation of a new department. Commissioner Bermudez referenced pages MDC Page 12 Section 22A-4 (2) (3) of the proposed legislation and requested clarification regarding the use of the terms “director” and “department.” ACA Kerbel stated that including the terms “director’” and “department” were to define a reporting structure. Discussion ensued between Commissioner Bermudez and Mayor Levine Cava regarding the availability of funding and resources to staff the program. Mr. David Clodfelter, Chief Budget Officer and Director of the Office of Management and Budget (OMB), reviewed the UMSA 2025 budget cited by Commissioner Bermudez, and pointed out the fines imposed for any violations would generate funds to supplement UMSA deficits. Commissioner Bermudez voiced his concerns about the fiscal impact of the item and questioned whether the department would be funded from General Funds or fines. Mr. Clodfelter advised he was unable to provide an estimate of costs or funding mechanisms because the fine amounts were not finalized. Commissioner Bastien thanked her colleagues for the feedback, and requested the foregoing proposed legislation be deferred to the January 2024 Board meeting to address their concerns. Commissioner Garcia maintained that the proposed heat ordinance should apply to all outdoor workers including County employees, and as such he could not support the item as presented or the deferral request. Commissioner Cohen Higgins concurred with Commissioner Garcia, and reviewed the history of the ordinance. She stated that the Board and the community had extensive conversations on this item, and were never able to come to a consensus. Commissioner Cohen Higgins emphasized that this was the third time this ordinance was discussed by the Board members with hundreds of residents waiting for a final vote. She stated she could not support a deferral and suggested the sponsors start from the beginning. Commissioner McGhee stated that he was willing to meet with stakeholders to find common ground regarding the proposed ordinance and agreed that a deferral would grant more time to develop a more cohesive legislation. Mayor Levine Cava indicated her support for the deferral. She commented on the need and importance of heat education and thanked the stakeholders and public for their input thus far. Discussion ensued between Vice Chairman Rodriguez and ACA Kerbel regarding the procedural position of the proposed legislation given the prior deferrals. Commissioner Bermudez indicated his support for the deferral despite overall concerns regarding the item. He also questioned whether other health and safety legislation could be presented for consideration if the foregoing proposed ordinance was not adopted. County Attorney Geri Bonzon-Keenan reviewed the options available to the Board and sponsors in the event the motion to defer did not pass. Commissioner Bermudez clarified that his support for the deferral was contingent on the foregoing proposed legislation being completely reviewed and revised. There being no other questions or comments, the Board by motion duly made, seconded and carried, deferred to the March 19, 2024 Board meeting. | ||||||
| |
|||||||
| County Attorney | 9/11/2023 | Assigned | Dennis A. Kerbel | 9/11/2023 | |||
| |
|||||||
| Community Health Committee | 9/11/2023 | 1G1 Substitute | Forwarded to BCC with a favorable recommendation following a public hearing | ||||
| REPORT: | Assistant County Attorney Marlon Moffett read the title of the foregoing proposed ordinance into the record. Chairwoman Steinberg opened the public hearing; the following persons appeared before the Committee: Ms. Arianna Cabrera de Ona, Costa Farms, 21800 SW 162 Avenue, Miami, spoke in opposition of the item and explained that more time was needed to work on the legislation due to the lack of feedback that was needed from the agricultural and construction industry. Mr. Barney Rutzke, Jr. appeared on behalf of Florida Nursery Growers and Miami-Dade Agricultural Growers, County, 25350 SW 193 Avenue, Homestead, Florida and inquired about the intent of the foregoing proposed ordinance as OSHA standards were already in place. He indicated his opposition to the item and urged the Committee to vote no. Mr. Jorge Zamora 21800 SW 162 Avenue, Miami, stated feedback was needed from the agricultural industry and requested a deferral of the item. He noted OSHA and the Florida Department of Agriculture provided oversight of the industry and there were currently heat standards in place. Mr. Zamora opined the expansion of liability would be unprecedented. Mr. Jeffrey Demott, President of Florida Nursery Growers and Landscape Association and Farm Growers Association; and Farm Bureau Board Member 18455 SW 264 Street, Homestead, requested the Committee to vote no or defer the foregoing item, and invited Commissioners to tour nursery locations to observe existing safety standards. Ms. Heather Moehling, Vice President, Dade County Farm Bureau, 35055 SW 214 Avenue, Homestead, requested the Committee to vote no or defer the item. She opined the proposed ordinance was unsubstantiated due to the information provided from one report and commented on the precedent it would set. Ms. Jocelyn Guilfoyle, Executive Director, Dade County Farm Bureau, 3075 SE 7 Place, Homestead, requested the Committee vote no and indicated existing work standards and regulations were already in place by OSHA with other worker protection programs implemented by FDAX. Mr. Carlos Carrelo, Executive Director, Associated General Contractors of America, 8200 NW 41 Street, Suite 200, Doral, requested the Committee vote no on the foregoing item. He stated enforcement of this ordinance would require an addition County Department to oversee contractors and noted there was no due process for companies to contest fines issued under the legislation. Ms. Truly Burton, appeared on behalf of the Builders Association of South Florida, 111 NW 183 Street, Miami, noting the Builder’s Association have been in compliance with OSHA standards since 1970. She stated the foregoing proposed ordinance would duplicate OSHA’s standards cause confusion. Ms. Burton urged the Committee not to adopt the item today. Mr. Nelson Stabile, President, Builders Association of South Florida, opined this issue was about keeping workers safe. He stated that he would like to work with the groups to reach an agreement and noted the proposed ordinance should focus more on the education and awareness of heat safety versus fines and penalties. Ms. Norma Orios De Gris (phonetic) 12071 SW 1 Street, Miami appeared in support of the item. Mr. Richard Quincoces, Construction Worker and Member, Labors International Union of North America, 4346 NW 36 Street, emphasized the hazard of heat stress could develop into a heart attack. Ms. Elizabeth Ruiz, 6990 Silver Oak Drive, Miami Lakes, spoke in support of the item. Ms. Helene O’Brian, District Leader, Service Employees International Union (SEIU), Local 32BJ, 14311 SW 154 Court, Miami, spoke in support of the item. Ms. Sheha Kapil, Medical Student, University of Miami, 1723 SW 2 Avenue, Miami, Ms. Katherine Lopez, Student, Florida International University (F.I.U.) 6841 SW 147 Avenue, Miami, shared her father’s experience of heat injury that resulted in hospitalization and the need for physical therapy and requested the Committee vote no. Dr. Cheryl Holder, Executive Director, Florida Clinicians for Climate Action, 2014 NW 139 Terrace, Pembroke Pines, stated the foregoing proposed ordinance would help her organization achieve their goal to prevent heat injuries for workers. She stated the use of a heat index would be a guide to understand the effects heat and humidity had on the body setting a standard for the heat index to alert at 90 degrees would help protect outdoor workers. Ms. Virginia Pablo Member, WeCount!, 305 SW 4 Avenue, Homestead, shared her experience of working outdoors in heat during a 10 hour work day and opined working under those conditions was a violation of workers’ rights. Mr. Javier Torres, Campaign Leader, Que Calor - How Hot Campaign and Member, WeCount!, 9830 SW Caribbean Boulevard, Miami, noted he worked in construction for 26 years and had survived a heat stroke; and called for measures to be taken. Father Robes Cirianne Charles, Pastor, Sacred Heart Catholic Church, 106 SE 1 Drive, Homestead, appeared in support of the item. Ms. Joanne Dean, Dade County Farm Bureau, 29002 SW 193 Court, Homestead, requested the Committee to vote no, or to defer the item. Ms. Anne Janet Hernandez, Southern Poverty Law Center Action Fund, 6500 SW 46 Street, Miami, explained several reasons why Miami-Dade needed the proposed heat ordinance. She stated there were no enforceable rules under the state and federal regulations relating to heat standards, and employers must provide workers a safe environment free from recognized hazardous likely to cause death under OSHA’s General Duty Clause. In addition, she stated the National Emphasis Program was based on general duties that were applicable to OSHA regulations. Ms. Hernandez summarized the court’s decision regarding employer’s responsibilities to provide a workplace free of hazardous conditions when feasible and noted OSHA only provided guidelines and recommendations. Mr. Pedro Marcus Raymundo, Campaign Leader, Que Calor (How Hot), and Member, WeCount! 879 NW 9th Street, Homestead appeared in support of the item. Mr. Sam Chesser, South Florida Community Development Coalition, 300 NW 12 Avenue, Miami, advocated for outdoor workers to have basic protections against extreme heat. Ms. Anaruth Solache, Policy and Advocacy Manager, Catalyst Miami 7385 Fairway Drive, Miami Lakes, spoke in support of the item. Ms. Christina La Rocca, appeared on behalf of Southern Poverty Law Center Action Fund, 6250 SW 109 Court, Miami, and commented on the National Emphasis Program. She noted OSHA heat related inspections accounted for only 0.5% of all federal inspections in the past 5 years and pointed out that OSHA did not have the resources needed for enforcement efforts. Ms. Caitlin MacLaren, Registered Nurse, Jackson Memorial Hospital, Service Employees International Union (SEIU- Local 1991), 7716 SW 56 Avenue, Miami, FL appeared in support of the item. Ms. Karen Maderal, agricultural worker, 29112 SW 157 Road, #200; Homestead, spoke in favor of the item. Ms. Martha Baker, President, SEIU 1685 Cleveland Road, Miami Beach, stated OSHA had no heat specific standards and should not be referred to set the standard. In addition, she indicated Miami-Dade County statistics indicated 34 people died from summer heat. Mr. Jeffrey Agron, Social Justice Program Director, Temple Beth Sholom, 6545 SW 133 Drive, Pinecrest, read a statement on behalf of Rabi Jessica Jacobs that urged the Committee/Board to pass the heat ordinance. Mr. Alejandro Perez Gonzalez, Member, We Count! and Campaign Leader, Que Calor (How Hot) 645 SW 1st Avenue, Miami, spoke in favor if the item. Mr. Pedro Trejos, 19395 SW 106 Avenue, Miami spoke in favor of the item and noted while he survived heat exhaustion one of his friends had died from a heat stroke. Mr. Mark Schaunaman, President, AFL-CIO South Florida Building Construction Trades Council, 4756 NW 99 Place, Doral, stated workers were more productive after taking a break and urged the Committee not to rely on OSHA. He request the Committee to support the item. Ms. Ibis Valdes, President, League of Women Voters, 8805 NW 111 Avenue, #201 Avenue, Doral, spoke in support of the item. Ms. Ana Sofia Pelaez, Executive Director, Miami Freedom Project, 1825 SW 21 Avenue, Miami, FL appeared in support of the item. Mr. Jose Martinez, Worker, Miami International Airport and Active Member of 32BJ, 5421 SW 5 Street, Miami, explained the challenges workers faced at the ramp and loading docks at MIA and spoke in favor of the item. Ms. Carman Pelaez, 1825 SW 21st Avenue, Miami, spoke in support of the item. Pastor Marcos Acosta, Homestead Mennonite Church, 13700 SW 256 Street, Homestead, appeared in support of the item. Mr. Christian Tellez, Florida International University (F.I.U.) Student, 9301 NW 4 Street, Miami, spoke in favor of the item. Ms. Jenneva Clauss, 3558 SW 26 Street, Miami, spoke in support of the item. Mr. Oliver Telusma, Law Graduate and Equal Justice Works Fellow, Community Justice Project, 3000 Biscayne Blvd, Miami, appeared in support of the item. Ms. Nicholas Duran, Advocacy Manager, Transit Alliance Miami, 9860 SW 14 Street, Miami, stated waiting for OSHA to update heat standards could take 8 years to implement and indicated 272 heat related worker deaths were anticipated by 2031. Mr. Ivan Jimenez, 1224 SW 104 Court, Miami, spoke in support of the item. Ms. Sarahi Perez 2523 NW 9 Street, Miami, appeared in support of the item. Ms. Yanelis Valdes, 58 NE 14 Street, Miami, spoke in favor of the item. Ms. Dania Toledo, 111 NW 32 Court, Miami, appeared in support of the item and reported there was an average of 34 heat deaths in Miami-Dade which was expected to increase. Mr. Z Spicer, 1465 NE 123 Street, North Miami, noted extreme heat dangers were preventable and cautioned if standards were not implemented more deaths would occur. Mr. Oscar Alvarez 1817 SW 102 Place, President, Young Democratic Socialist of America at Florida International University (F.I.U.), appeared in support of the item. Ms. Carla Gutierrez, 8950 NE 8th Avenue, Miami, FL supported this item Mr. Noel Cleland, 5990 SW 50th Street, Coral Gables, spoke in support of the item. Mr. Luke Norris 1211 Walsh Avenue, Coral Gables, spoke in support of the item. Ms. Paula Munoz, Immigrant Coalition, 601 Ives Dairy Road, Miami, appeared in support of the item. Ms. Isabella Arogemena, Cleo Institute, 1527 Albenga Avenue, Coral Gables, spoke in support of the item. Ms. Laura Munoz 1300 Miami Gardens Drive, spoke in support of the item. Ms. Gabriela Noa Betancourt, Miami Climate Alliance, 14175 SW 163 Terrace, Miami, spoke in support of the item. Mr. Ramor McGuire, Director, Campaigns and Policy, GenCLEO 2103 Coral Way, Coral Gables, spoke in support of the item. Mr. Andres Santiago Chavez Palma, College Student, 13318 SW 250th Street, Miami, spoke in support of the item. Mr. Peter Wood, Vice President, Planning and Government Affairs, Community Health of South Florida, Inc. (CHI) 6604 Tarreqa, Coral Gables, spoke in support of the item. Ms. Mayra Cruz, Miami Climate Alliance member and Ph.D. Student, University of Miami (heat impact studies), 511 Forrest Drive, Miami Springs, she stated the heat index records were broken daily and voiced her concerns regarding the last minute submission of the ordinance term that commences the heat index at 95 degrees versus 93, arguing the threshold should begin at 93 degrees. Mr. Grant Archer, Director Associated Builders and Contractors (Florida East Coast Chapter) 3730 Coconut Creek Parkway, Coconut Creek, stated if passed, Miami-Dade’s ordinance would be duplicative of OSHA’s existing heat related regulation and requested the Committee to vote no or to defer the foregoing ordinance. Mr. Albert Milo, President, Related Urban, stated progress was being made with the organization We Count! and opined with more time the foregoing ordinance could be more comprehensive for both the industry and outdoor workers. There being no one else appearing to speak, Chairwoman Steinberg closed the public hearing. Chairwoman Steinberg thanked everyone for coming out today. Commissioner McGhee thanked everyone for their comments and emphasized rest, shade, and water were major components needed for outdoor workers to survive heat conditions. He announced that he filed a substitution to the original item following his meeting with industry stakeholders. Commissioner McGhee stated there were outstanding concerns yet to be resolved such as the proper scientific measurement for the heat index and other liability issues. He called for Miami-Dade to be the leader and noted that while a compromise was close, more time was needed to finalize the conditions. Co-Prime Sponsor, Commissioner Bastien thanked Commissioner McGhee for his leadership, and everyone for their comments. She concurred that outdoor workers deserved shade, water and rest and stated all groups were coming together to improve safety standard protections. Commissioner Bastien reported the outstanding issues were close to being resolved. Chairwoman Steinberg recognized Board of County Commissioners (BCC) Chairman Gilbert, III Chairman Gilbert III presence. BCC Chairman Gilbert spoke about the importance of outdoor workers and suggested placing a time limit for the stakeholders to provide input without further delaying the item. Commissioner Garcia stated that while he recognized and supported the intent of the item, he was concerned about liability, lack of due process and exclusion of certain outdoor workers. Commissioner McGhee spoke about his personal experience working outdoors on a farm and on construction sites. He made a motion to forward the substitute item to the Board of County Commissioners without a recommendation to afford the stakeholders more time to resolve outstanding issues. This motion was seconded by Commissioner Cabrera and upon being put to a vote, failed because Commissioner Garcia voted “no”. Chairwoman Steinberg agreed that the proposed ordinance should be amended to include other outdoor workers such as Miami-Dade County employees.. Commissioner McGhee stated his intent to file an additional amendment/substitute to the proposed legislation. Following the roll call vote of this foregoing ordinance, Chairwoman Steinberg clarified the motion to forward the item to the full Board without a recommendation failed because the rule required a unanimous vote. Commissioner McGhee moved to defer the foregoing proposed ordinance. This motion was seconded by Commissioner Cabrera. Discussion ensued among the Committee members and staff regarding the pending motion on the floor. Commissioner McGhee withdrew his motion to defer and moved to forward the foregoing proposed ordinance to the Board with a favorable recommendation. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented. Chairwoman Steinberg noted the foregoing item would be considered at the October 17, 2023 Board meeting. | ||||||
| |
|||||||
| Legislative Text |
|
TITLE ORDINANCE CREATING A HEAT STANDARD FOR OUTDOOR WORKERS; CREATING CHAPTER 22A AND AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; PROVIDING INTENT, PURPOSE, AND DEFINITIONS; ESTABLISHING PROCEDURES FOR IMPLEMENTATION; PROVIDING FOR COUNTY ENFORCEMENT; REQUIRING CERTAIN EMPLOYERS TO HAVE AN APPROVED MANDATORY HEAT EXPOSURE SAFETY PROGRAM; REQUIRING ACCESS TO DRINKING WATER; REQUIRING SHADED RECOVERY PERIODS; PROVIDING FOR MULTILINGUAL NOTICE OF EMPLOYEE RIGHTS; ESTABLISHING PENALTIES FOR VIOLATIONS OF CHAPTER; REQUIRING REPORTS; AMENDING SECTION 10-38; PROVIDING FOR DEBARMENT OF CONTRACTORS THAT VIOLATE HEAT STANDARD FOR OUTDOOR WORKERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BODY WHEREAS, Miami-Dade County has an estimated 327,321 outdoor workers, including many thousands who labor in agriculture and construction; and WHEREAS, Miami-Dade County is experiencing a significant increase in the number of extreme heat days every year, which is estimated to reach 134 days by the middle of the century; and WHEREAS, a recent study published by scientists at the University of Miami Rosenstiel School of Marine, Atmospheric, and Earth Science (the �Rosenstiel School�) and Florida International University found that residents and visitors in Miami-Dade County may experience temperatures that are 6 degrees Fahrenheit higher on average than NOAA National Weather Service�s official reported values, for example because of humidity; and WHEREAS, according to data from the U.S. National Centers for Environmental Protection, July 4, 2023, was the hottest day ever on Earth since at least 1979, when records on global temperature began; and WHEREAS, research from the Rosenstiel School shows that 2023 has been Miami�s hottest year on record, with 15 daily peak temperature records being broken, and the National Weather Service has issued numerous heat advisories for South Florida; and WHEREAS, extreme heat is the largest cause of weather-related deaths in the United States and has caused more deaths than hurricanes, tornadoes, and floods, combined; and WHEREAS, the Centers for Disease Control and Prevention (CDC) reports that Florida leads the country in heat-related hospitalizations, including more than 6,800 in 2019; and WHEREAS, studies show that at temperatures exceeding 80 degrees Fahrenheit, outdoor workers are disproportionately at risk of suffering heat-related illnesses, including heat exhaustion, heat stroke, rhabdomyolysis, heat syncope, acute and chronic kidney disease, and death; and WHEREAS, studies show that outdoor workers, including agricultural workers, are up to 35 times more likely to die of heat exposure than the general population; and WHEREAS, outdoor workers in Miami-Dade County currently lack federal, state, or local heat standards to guarantee basic life-saving protections, including access to heat illness education, access to shaded recovery periods, and first aid and emergency response procedures; and WHEREAS, a report by WeCount!, a private non-profit membership organization, found that 51 percent of agricultural workers surveyed in South Miami-Dade were not allowed to rest in the shade, 15 percent reported no easy access to safe drinking water, and 69 percent had experienced signs and symptoms of heat-related illness; and WHEREAS, an enforceable heat standard can prevent unnecessary deaths and hospitalizations, minimize labor shortages and productivity declines caused by sick workers, and ensure the continued operation and sustainability of supply chains critical to our local economy; and WHEREAS, a number of responsible employers in Florida are already implementing heat standards for outdoor workers, including shaded recovery periods; and WHEREAS, Miami-Dade County has taken recent steps to lead on the issue of extreme heat, including appointing the world�s first-ever Chief Heat Officer, establishing a Climate Heat and Health Taskforce with community input, and declaring the first Annual Heat Season in 2022; and WHEREAS, Miami-Dade County�s Chief Heat Officer, the County�s Climate Heat and Health Taskforce, and the 2022 Extreme Heat Action Plan have recommended adoption of a countywide Heat Standard for Outdoor Workers in Miami-Dade County; and WHEREAS, Miami-Dade County has an interest in safeguarding the health and safety of outdoor workers and the residents, employers, and industries that depend on this workforce; and WHEREAS, this Board wishes to adopt a Heat Standard for Outdoor Workers to address a serious public health concern and to avoid the health and economic impact of inaction; and WHEREAS, the County seeks to solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only; and WHEREAS, the County does not wish to do business with contractors that repeatedly violate the Heat Standard for Outdoor Workers; and WHEREAS, section 10-38 of the Miami-Dade County Code, which concerns debarment of contractors from County work, lays out procedures for preventing individuals or entities from contracting or subcontracting with the County for a reasonable, specified period of time; and WHEREAS, the serious nature of debarment and suspension requires that such sanctions be imposed only in the public interest for the County�s protection and not for the purpose of punishment; and WHEREAS, this Board believes that contractors that repeatedly violate the Heat Standard for Outdoor Workers demonstrate a lack of business integrity and honesty, which seriously impacts said contractors� responsibility; and WHEREAS, this Board believes it is in the public interest of the County to ensure that individuals or companies that repeatedly violate the Heat Standard for Outdoor Workers should be prohibited from receiving County business, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. The foregoing recitals are incorporated in this ordinance and are approved. Section 2. Chapter 22A of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1 >>Chapter 22A - HEAT STANDARD FOR OUTDOOR WORKERS Sec. 22A-1. Short Title. This chapter shall be known as the �Heat Standard for Outdoor Workers.� Sec. 22A-2. Legislative Intent and Purpose. (A) It is the intent of the Board of County Commissioners, in accordance with the Home Rule Amendment and Charter and its authority to exercise its police powers for the public safety, health, and general welfare, to create a Heat Standard for Outdoor Workers to protect and safeguard the health and lives of outdoor workers in Miami- Dade County from heat-related illnesses and death. (1) This Board finds that Miami-Dade County is experiencing a significant increase in the number of days with extreme heat every year, and the lack of sufficient local, state, or federal standards for outdoor workers makes them uniquely and disproportionately vulnerable to suffering heat-related illnesses and death in their workplaces. (2) This Board further finds that protecting outdoor workers in industries like agriculture and construction from heat-related illnesses and death is fundamental to the health, safety, and welfare of the entire community. (B) The purpose of this chapter is to address a serious public health concern in Miami-Dade County and take measures to protect the outdoor workforce, which also benefits the residents, employers, and industries that depend on outdoor workers. (C) It is acknowledged that the Occupational Safety and Health Administration (OSHA) has published an advanced notice of proposed rulemaking to address heat injury and illness prevention in outdoor and indoor work settings. It is further acknowledged that, if OSHA ultimately adopts such a rule, then enforcement of this chapter may be preempted by federal law. Sec. 22A-3. Applicability in the incorporated and unincorporated areas; exceptions. (A) This chapter applies to employers that meet all of the following: (1) The employer meets one of the following: (a) The employer employs at least five employees who are engaged in agriculture or construction jobs or a combination thereof in Miami-Dade County; or (b) The employer is responsible for a site in Miami-Dade County at which five or more employees are engaged in agriculture or construction jobs or a combination thereof. (2) One or more of the employees works more than 50 percent of his or her time in an outdoor environment, as defined in section 22A-4(10). (B) Notwithstanding any provision of this chapter to the contrary, none of the following shall be considered employers or have any obligations under this chapter: (1) Single family or duplex property owners or tenants who hire individuals or business entities to do work on a property that they either own or rent. (2) Homeowner or residential condominium associations, or other homeowner associations, that hire individuals or business entities to perform work in an outdoor environment that is located on the common areas of the residential property. (3) Where compliance would be prohibited by federal or State law or regulations. (C) The provisions of this chapter are for the protection of outdoor workers, and the protections and rights contained herein shall not be deemed to apply to an employee who is required to work in an outdoor environment for fewer than 15 minutes per hour, on average, for every hour in the employee�s entire workday, regardless of whether such employee works for an employer subject to this chapter. (D) This chapter is supplemental to all related industry-specific standards. When the requirements of this chapter offer greater protection than related industry-specific standards, an employer shall comply with the requirements of this chapter. (E) This chapter shall apply in both the incorporated and unincorporated areas. (1) This chapter shall be enforced by Miami-Dade County, except in municipalities that adopt their own regulations as provided below. (2) Each municipality may adopt and enforce its own regulations with respect to heat protections for outdoor worker, whether more or less stringent than the provisions of this chapter, provided, however, that such municipal regulations at least provide for (i) access to drinking water, (ii) access to shaded recovery periods; and (iii) the provision of first aid or emergency response to workers who report or exhibit signs of heat illness. A municipality that adopts its own regulations with respect to heat protections for outdoor workers shall file the applicable legislation with the Miami-Dade County Clerk of the Board, but the enforceability of such municipal legislation shall not be contingent upon such filing. Sec. 22A-4. Definitions. The following words and phrases, as used in this chapter, shall have the following meanings: (1) �Acclimatization� means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to heat. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat. (2) �Department� means the Miami-Dade County department, division, office, or particular County staff that may be designated by the County Mayor to administer the provisions of this chapter. (3) �Director� means the primary official that has been delegated responsibility to administer the Department. Except where expressly provided or where context dictates otherwise, the term "Director" includes the Director�s designee. (4) �Drinking water� means cool (66�F�77�F) or cold (35�F�65�F) potable water that is suitable for human consumption and is maintained in safe and sanitary conditions to prevent contamination and illnesses where such is not supplied through plumbed fixtures or otherwise continuously supplied. The term also includes commercially available electrolyte-replenishing beverages that do not contain caffeine. (5) �Employee� means a person engaged in an agriculture or construction job or a combination thereof in Miami-Dade County who performs services for and under the control and direction of an employer for wages or other remuneration. The term includes an independent contractor and a farm labor contractor, as defined in section 450.28, Florida Statutes. (6) �Employer� means any private individual, firm, partnership, institution, association, corporation, business trust, or any person or groups of persons thatemploys individuals who are engaged in agriculture or construction jobs or a combination thereof in Miami-Dade County. (a) The term �employer� includes general contractors and subcontractors. (b) Notwithstanding anything stated to the contrary, the term �employer� shall not include: any person or entity that is not subject to this chapter, as provided in Section 22A-3; or a farm labor contractor, as defined in section 450.28, Florida Statutes. (7) �Environmental risk factors for heat illness� means working conditions that create the possibility of heat illness, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat from sources such as the ground, air movement, workload severity and duration, and protective clothing and equipment worn by an employee. (8) �Heat illness� means any medical condition caused by high temperatures and humidity, including but not limited to heat cramps, heat exhaustion, heat syncope (fainting), and heat stroke. For the purpose of this subsection, a serious heat-related illness event shall include any form of heat illness, including heat exhaustion or heat stroke, that requires immediate emergency medical attention. (9) �Hours worked� means the time during which an employee is subject to the control of an employer and includes all the time the employee is required to work, including all time during which an employee is suffered or permitted to work. (10) �Outdoor environment� means a location where work activities are conducted outside. The term also includes locations such as sheds, tents, greenhouses, or other structures where work activities are conducted inside but the temperature is not managed by devices that reduce heat exposure and aid in cooling, such as air conditioning systems. (11) �Personal risk factors for heat illness� means factors specific to an individual, including but not limited to age, health, pregnancy, degree of acclimatization, water, alcohol, or caffeine consumption, use of prescription medications, or other physiological responses to heat. (12) �Recovery period� means a cool-down period to reduce heat exposure and aid in cooling down the human body and avoiding the signs or symptoms of heat illness. (13) �Shade� means an area that is not in direct sunlight. Shade may be provided by any natural or artificial means, such as a tree, tarp, tent, canopy, or other similar structure. (14) �Supervisor� means any individual or group of individuals within an employer�s organization who has the authority to direct and control the work performance of an affected employee or who has managerial authority to take corrective action regarding the violation of any law, rule, or regulation of which an employee complains. Sec. 22A-5. Departmental duties and authority. (A) The provisions of the Miami-Dade County Heat Standard for Outdoor Workers shall be monitored and enforced by the Department. (B) For purposes of this chapter, the duties, functions, powers, and responsibilities of the Department shall include: (1) Publishing multilingual information and educational materials related to this chapter in English, Spanish, and Haitian Creole, including but not limited to, maintaining an updated County website page and publicizing for employers and employees a copy of approved templates of heat exposure safety programs, notices of rights, and other chapter requirements. (2) Receiving, initiating, investigating, inspecting, mediating, and issuing prompt determinations on complaints received under this chapter from employees allegedly aggrieved by a violation of this chapter, or any entity or organization a member of which is allegedly aggrieved by a violation of this chapter. (3) Initiating and conducting affirmative inspections, investigations, interviews, or ongoing monitoring, or any combination thereof, of employers to ensure full compliance with this chapter. (4) Enforcing the provisions of this chapter and any rules and regulations promulgated thereunder, including but not limited to: issuing orders to enforce the requirements of this chapter; imposing civil penalties; enforcing notice and training requirements; and enforcing consent agreements as provided in this section. (5) Coordinating with and referring matters and complaints under this chapter to federal, state, and local governmental agencies, when appropriate, to address workplace issues. (6) Developing guidance documents and other resources to facilitate and encourage employer compliance with this chapter. (7) Consulting with, and serving as a government liaison to, labor, community, and professional entities and organizations representing employees and employers. (8) Advising the County Mayor on workplace health and safety policy matters, including but not limited to extreme heat and other workplace hazards. (9) Performing such other administrative duties related to the Miami-Dade County Heat Standard for Outdoor Workers as may be assigned by the County Mayor; and (10) Publishing acclimatization best practices to assist employers in implementing acclimatization programs under this chapter. (C) The Department shall develop a Notice of Employee Rights that can be downloaded or printed for distribution by employers to comply with section 22A-10. Such Notice shall be in plain language and translated into English, Spanish, and Haitian Creole, and shall provide the following: (1) Existing heat-related rights that may be applicable to employees under federal, state, and local laws, including but not limited to the Heat Standard for Outdoor Workers set forth in this chapter and rights provided by the Occupational Safety and Health Act (29 U.S.C. � 651 et seq.). (2) Contact information for filing complaints under federal, state, and local laws. (3) A web address, accessible in English, Spanish, and Haitian Creole, with links to federal, state, and local government agencies that may have jurisdiction over certain workplace-related issues related to this chapter. (4) A printed name and signature block for the employee. (D) The Department may, in the Director�s discretion, terminate an investigation or an action commenced to enforce the provisions of this chapter upon execution of a written consent agreement between the Department and the persons or entities who are the subjects of the investigation or action. (1) The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this chapter by said subjects. (2) In addition, the consent agreement may provide the following: remedial or corrective action; monitoring, as would be required pursuant to section 22A-11 for determinations of repeat violations; compensatory damages; punitive damages; civil penalties; and recovery of costs and expenses of the County for investigation, enforcement, testing, monitoring, and litigation, including attorneys' fees. (3) An executed written consent agreement shall neither be evidence of a prior violation of this chapter nor shall such agreement be deemed to impose any limitation upon any investigation or action by the Department in the enforcement of this chapter. (4) The consent agreement shall not constitute a waiver of or limitation upon the enforcement of any federal, State, or local laws or ordinances. (5) Executed written consent agreements are hereby deemed to be lawful orders of the Department. (6) Each violation of any of the terms and conditions of an executed written consent agreement shall constitute a separate offense under this chapter by the person who executed the consent agreement, their respective officers, directors, agents, servants, employees and attorneys; and by those persons in active concert or participation with any of the foregoing persons and who receive actual notice of the consent agreement. (7) Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter. Sec. 22A-6. Violations of Chapter. It shall be a violation of this chapter for any employer to: (1) Fail to timely provide to each employee the Notice of Employee Rights as set forth in section 22A-10. (2) Fail to have posted, at all times, the Notice of Employee Rights as set forth in section 22A-10. (3) Fail to maintain or furnish a mandatory heat exposure program as set forth in section 22A-7. (4) Fail to implement any requirement of a heat exposure safety program as set forth in section 22A-7. (5) Fail to provide employees on the employer�s jobsite with access to drinking water as set forth in section 22A-8. (6) Fail to provide employees on the employer�s jobsite with access to a shaded recovery period as set forth in sections 22A-7 and 22A-9. (7) Fail to take a first aid measure or emergency response for an employee reporting or exhibiting signs of heat illness. (8) Retaliate against, intimidate, threaten, harass, or discriminate in any manner against a current or former employee or any other person or entity for exercising any right protected under this chapter, assisting or supporting any employee, person, or entity in doing so, or informing any employee, person, or entity about such right. (a) Rights protected under this chapter include, but are not limited to: requesting a copy of required notices and programs; presenting a formal or informal complaint to a supervisor; contacting or filing a complaint with the Department; and testifying, assisting, or participating in an investigation, interview, inspection, conciliation, or other action by the department under this chapter. (b) The determination of whether an employer has engaged in retaliation under this chapter shall be made in accordance with Florida law. (9) Fail to comply with or satisfy any terms, conditions, or obligations of a consent agreement entered into pursuant to section 22A-5 or other lawful order of the Department.. (10) Aid, abet, incite, compel, or coerce any person or entity to engage in any practice prohibited by this chapter. (11) Obstruct or prevent any person or entity from complying with this chapter. Sec. 22A-7. Mandatory Heat Exposure Safety Program. (A) An employer shall establish, implement, and maintain an outdoor heat exposure safety program that complies with the this section. (B) This outdoor heat exposure safety program shall be in writing in English, Spanish, and Haitian Creole, and shall be made available at the worksite to employees, and upon request, shall be provided to the Department. (C) At a minimum, an employer�s program shall: (1) Train and inform supervisors and employees about heat illness, the environmental and personal risk factors for heat illness, how to protect themselves and co-workers, how to recognize signs and symptoms of heat illness in themselves and coworkers, and appropriate first-aid measures that can be used before medical attention arrives in the event of a serious heat- related illness event. (2) Provide a list of preventive measures, first-aid techniques, and best practices to prevent and address heat illness. This includes, but is not limited to, loosening clothing, loosening or removing heat-retaining protective clothing and equipment, accessing shade, engaging in a cool-down period, applying cool (66�F�77�F) or cold (35�F�65�F) water to the body, and consuming drinking water. (3) Implement the following mandatory high-heat procedures when the outdoor temperature equals or exceeds 95 degrees Fahrenheit: (a) Ensure that each employee has access to an effective means of communication (by voice, radio, or cellular phone or other electronic device) to immediately report signs or symptoms of heat illness to an employer, manager, supervisor, contractor, or, when necessary, emergency medical services provider. (b) Observe employees for alertness and signs or symptoms of heat illness, by implementing at least one of the following: observation by a supervisor or supervisor�s designee of 20 or fewer employees, or a mandatory buddy system among employees. Alternative means, that are equivalent or more effective means of observation, may be included if such alternative means have been approved in writing by the Department. (c) Designate one or more employees on each worksite to be responsible to call for emergency medical services, while also allowing other non-designated employees to call for emergency services when no designated employee is available on the worksite. (d) Provide a sufficient amount of drinking water, in accordance with the following: (i) Drinking water shall be made available throughout the workday at locations that are quickly and easily accessible from each employees� work area. (ii) Employers shall allow employees to consume drinking water throughout the workday as needed. (iii) Drinking water shall be provided in safe and sanitary conditions, in sufficient amounts to be frequently refilled throughout the day as needed, and be free of charge to all employees working in an outdoor environment. (e) Institute pre-shift meetings before the commencement of work to review the high-heat procedures with all employees, encourage employees to drink sufficient amounts of drinking water, and remind employees of their right to a shaded recovery period. (f) Ensure that employees are informed of their right to take, upon request, an uninterrupted 10-minute recovery period every two hours that the employee is working in an outdoor environment, regardless of the overall length of an employee�s shift, in accordance with the following: (i) The employer shall provide access to shade for every 10-minute recovery period requested by the employee. (ii) The recovery period may be concurrent with a meal or rest period required by policy, rule, or law, if the timing of the employee�s recovery period coincides with the required meal or rest period. (g) Timely respond to signs and symptoms of possible heat illness, including but not limited to providing first aid and emergency medical services. (i) If a supervisor observes, or any employee reports, any sign or symptom of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. (ii) If the signs or symptoms are indicators of severe heat illness (including, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior, very high body temperatures, or convulsions), the employer or supervisor must implement appropriate emergency response procedures, including contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider. (iii) An employee exhibiting signs or symptoms of heat illness shall not be left alone or sent home without being provided first aid or emergency medical services, or both, in accordance with the employer�s procedures. (h) Implement effective acclimatization practices to promote the physiological adaptations of employees newly assigned or reassigned to work in an outdoor environment, and any employees working in an outdoor environment during a heat wave. (i) Each employee newly assigned or reassigned to work in an outdoor environment shall be closely observed by a supervisor or designee (which may not be delegated to a coworker or buddy) for the first 7 working days of assignment or reassignment. (ii) For purposes of this paragraph, �heat wave� means any day for which the predicted high temperature is at least 95 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. Sec. 22A-8. Access to Drinking Water. (A) An employer shall ensure that a sufficient quantity of drinking water is at all times readily accessible and free of charge to employees who work in an outdoor environment. (B) Such drinking water shall be located as close as practicable to the areas where employees work, taking into account the size of the workplace and the walking distance to and from water stations. (C) If drinking water is not plumbed or otherwise continuously supplied: (1) An employer must supply a sufficient quantity of drinking water at the beginning of the workday to provide each employee with at least one quart of drinking water per hour for every hour in the employee�s entire workday. (2) It is provided, however, that an employer may supply a smaller quantity of drinking water at the beginning of the workday if the employer has adequate procedures in place to guarantee the employee access to at least one quart of drinking water per hour for every hour in the employee�s entire workday. Sec. 22A-9. Access to Shaded Recovery Periods. (A) When the outdoor temperature equals or exceeds 95 degrees Fahrenheit: (1) The employer must maintain one or more areas with shade that are open to the air or offer ventilation or cooling at all times in the area where employees are working. (2) The amount of shade present must be able to accommodate the total number of employees participating in a recovery period at one time without the employees having to be in physical contact with each other. (B) An employee who exhibits mild to moderate signs or symptoms of heat illness shall be relieved from duty, provided with access to shade for at least 15 minutes or until such signs or symptoms of heat illness have abated, whichever is greater, and monitored to determine whether any medical attention is necessary. (1) If such signs or symptoms do not abate within a reasonable time, an employer shall seek medical attention in a timely manner for the employee. (2) If an employee exhibits signs or symptoms of a serious heat-related illness event, an employer must seek medical attention immediately for the employee and provide first-aid measures. (C) If an employer can demonstrate that it is unsafe or not feasible to provide an area with shade, the employer may provide alternative cooling measures, as long as the employer can demonstrate that such measures are at least as effective as an area with shade in reducing heat exposure and illness for their employees. Sec. 22A-10. Notice of Employee Rights. (A) An employer shall provide to each employee, no later than 10 days after the commencement of employment, the Notice of Employee Rights published by the Department. (B) The employee shall review, acknowledge, sign, and date the Notice of Employee Rights, have it signed by a witness, and return the signed Notice of Employee Rights to the employer within seven days of receipt. The employer shall provide a signed copy for the employee�s records. (C) The employer shall maintain, in legible condition, the Notice of Employee Rights in the employee�s file for at least 60 days after the end of an employee�s employment. (D) Upon request, the employer shall furnish physical or electronic signed copies of the Notice of Employee Rights for each employee to the Department. (E) At all times, an employer shall also have posted a legible copy of the Notice of Employee Rights in a conspicuous place or places where notices to employees are customarily posted. The Notice of Employee Rights shall be posted in English, Spanish, and Haitian Creole. (F) If the employee does not timely sign the Notice of Employee Rights, the employer shall document all attempts to acquire the employee�s signature in the employee�s file. It is provided, however, that an employee�s failure to sign the Notice of Employee Rights shall not be construed as a waiver of any rights or remedies granted to the employee pursuant to this chapter. Sec. 22A-11. Enforcement, Monitoring, and Penalties. (A) Any person or entity violating a provision of this chapter shall be subject to the penalties and remedies provided in this section, section 1-5, and chapter 8CC. (B) Each violation of subsections 22A-6(7) � (11) of this chapter shall constitute a separate offense for each employee or person harmed by the violation. However, an employer who violates subsections 22A-6(1) � (6), shall be charged with no more than one violation per jobsite for each day, or portion thereof, that a violation exists, regardless of the number of employees working on that jobsite at the time of the violation. (C) Whenever a violation of this chapter occurs or exists, or has occurred or existed, the employer shall be strictly liable for the civil penalties imposed, regardless of fault and regardless of knowledge of the violation. This provision shall be liberally construed and applied to protect the public health, safety, and welfare and to accomplish the purposes of this chapter. (D) The remedies imposed under these enforcement procedures shall not preclude any other remedies available to employees at law or in equity. (E) Use of Civil Penalties. Any civil penalties collected by Miami-Dade County for violations of this chapter shall be retained by Miami-Dade County and used only for purposes related to the goals of this chapter, including, but not limited to, enforcement of this chapter, outreach, education, and training. (F) Responsible County Contracting. (1) Debarment. A County vendor or contractor (including a lessee of County property or a permittee to conduct private business on County property) may be subject to debarment pursuant to section 10-38 for violations of this chapter. (2) Responsible bidder. (a) The following shall be presumed not to be responsible to procure or receive any County contract award, lease of County property, or concession or permit to conduct business on County property: (i) A person or entity that has admitted to or been adjudicated guilty of: A. a violation of subsections (8)-(11) of section 22A-6; or B. five or more violations of subsections (1)-(7) of section 22A-6 within a five-year period. (ii) A person or entity that has civil penalties, administrative costs of hearing, investigative, enforcement, testing, or monitoring costs, or liens that are unpaid for more than 12 months for more than one violation of this chapter. (iii) An officer, principal, director, partner, manager, division, shareholder (other than of a publicly traded corporation), or other organizational element of an entity that is subject to subparagraphs (i) or (ii) above. (iv) An entity that has an officer, principal, director, partner, manager, division, shareholder (other than of a publicly traded corporation), or other organizational element that is subject to subparagraphs (i) or (ii) above. (b) The County shall provide notice and an opportunity to rebut the presumption set forth in this subsection to the affected person or entity prior to taking any final action to award a contract, lease, concession, or permit for which the affected person or entity has submitted a bid, proposal, or other instrument. (c) Notwithstanding anything herein to the contrary, nothing in this subsection shall preclude the Board of County Commissioners from considering an affected person or entity to be responsible or to otherwise award such firm a contract, lease, concession, or permit. (G) Public Database. (1) The Department shall create and maintain on the County�s website a publicly accessible database of employers in Miami-Dade who meet one or more of the following: (a) The employer has admitted to or been adjudicated guilty of a violation of this chapter and has penalties that remain unpaid three months after coming due. (b) The employer has been debarred pursuant to section 10-38. (c) The employer is subject to an active monitoring agreement pursuant to this section. (2) An employer may be removed from the public database if the Department determines that the penalties have been paid, the debarment period has ended, or the monitoring agreement has been terminated, as applicable. (H) Private Right of Action � Retaliation. No later than two years after the alleged violation, an employee may file a civil action in a court of competent jurisdiction against an employer, supervisor, or other person or entity for engaging in retaliation in violation of this chapter. In any such private action, upon a determination that a violation of this chapter has occurred, relief may include an order prohibiting the unlawful practice and providing affirmative relief from the effects of the practice, including, and if available under applicable law, equitable relief, declaratory or injunctive relief, compensatory damages, punitive damages, reasonable attorney�s fees, interests, costs, and other available relief as the court may deem just and proper.<< Section 3. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: Sec. 8CC-10. Schedule of civil penalties. The following table shows the sections of this code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. The �descriptions of violations� below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed sections of this code, except to the extent that different types of violations of the same section may carry different civil penalties. For each section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this chapter, regardless of whether all activities proscribed or required within that particular section are described in the �Description of Violation� column. To determine the exact nature of any activity proscribed or required by this >>code<<, the relevant section must be examined. Code Section Description of Violation Civil Penalty * * * >>22A-6 Failure to timely provide to an employee with Notice of Employee. Rights. First violation: Second violation within five years, or first violation after five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to have posted the Notice of Employee Rights. First violation: Second violation within five years, or first violation after five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to maintain and furnish a mandatory heat exposure program. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to implement a requirement of a heat exposure safety program. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to provide an employee with access to drinking water. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to provide an employee with access to a shaded recovery period for the requisite time. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Failure to timely take first aid measure or emergency response for an employee reporting or exhibiting sign of heat illness. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $500.00 $1,000.00 Retaliating against, coercing, intimidating, threatening, harassing, or discriminating against employee or other person or entity for exercising rights under chapter 22A. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $1,000.00 $2,000.00 Failure to timely comply with or satisfy term, condition, or obligation of a consent agreement or other lawful order of the department. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $1,000.00 $2,000.00 Aiding, abetting, inciting, compelling, or coercing a person or entity to engage in practice prohibited by chapter 22A. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $1,000.00 $2,000.00 Obstructing or preventing a person or entity from comply with chapter 22A. First violation: Second violation within five years: Third or subsequent violation within five years: Warning $1,000.00 $2,000.00<< * * * Section 4. Section 10-38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: Sec. 10-38. Debarment of contractors from County work. * * * (h) Causes for debarment: (1) The Debarment Committee may debar a contractor for a conviction or civil judgment: * * * (v) Which makes the County the prevailing party in a legal proceeding, and a court determines that the lawsuit between the contractor and the County was frivolous or filed in bad faith; [[or]] (vi) for negligence or a violation of section 556.106, Florida Statutes, or its successor statute, in connection with damage to a County underground facility, as defined in section 556.102(16), Florida Statutes>>; or (vii) for more than one violation of subsections (4)-(11) of section 22A-6 within a five-year period<<. (2) The Debarment Committee may debar a contractor, based upon a preponderance of the evidence, for: * * * >>(v) One of more of the following related to the requirements of chapter 22A: a. Having civil penalties, administrative costs of hearing, investigative, enforcement, testing, or monitoring costs, or liens that are unpaid for more than 12 months for more than one civil violation. b. A violation of subsections (8)-(11) of section 22A-6. c. Five or more violations of subsections (1)-(7) of section 22A-6 within a five-year period.<< * * * Section 5. Reports. A. The County Mayor or County Mayor�s designee shall prepare a written report for this Board outlining which County department, office, or other County staff will be administering the provisions of this ordinance, and this report shall be placed on an agenda of the full Board without committee review, pursuant to Rule 5.06(j), within 30 days of the effective date of this ordinance. B. In addition, on an annual basis, the County Mayor or County Mayor�s designee shall prepare a written report for this Board related to the enforcement of this ordinance, including, but not limited, the approximate number of complaints filed with the Department, the typical results of such complaints, and any recommendations to this Board related to such enforcement. This report shall be placed on an agenda of the full Board without committee review, pursuant to Rule 5.06(j), on an annual basis. C. The requirements of this section may be modified by resolution of the Board of County Commissioners. Section 6. The County Mayor or Mayor�s designee shall have full authority to propose Implementing Orders and other procedures necessary to carry out the requirements of this ordinance. Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 9. This ordinance shall become effective 180 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. |
|
Home |
Agendas |
Minutes |
Legislative Search |
Lobbyist Registration |
Legislative Reports
Home | Using Our Site | About | Phone Directory | Privacy | Disclaimer
E-mail your comments,
questions and suggestions to
Webmaster
|
