Workers' compensation is the main state-law piece of Florida workplace safety (there is no Florida state OSHA plan — federal OSHA covers private employers). Coverage turns on your industry and headcount.
Who must carry coverage
Under Chapter 440 (Fla. Stat. § 440.02), coverage thresholds differ by industry: construction at 1+ employee, non-construction at 4+, and agriculture at 6 regular or 12 seasonal workers. The system is no-fault and administered by the Division of Workers' Compensation (Department of Financial Services).
Tort immunity & the narrow exception
Carrying coverage gives the employer tort immunity — workers' comp is the exclusive remedy (§ 440.11). The only escape is a narrow statutory intentional-tort exception: the employee must show the employer either deliberately intended to injure, or engaged in conduct it knew was virtually certain to cause injury and concealed the danger — a very high bar (Gorham v. Zachry Indus., Inc., 105 So. 3d 629 (Fla. 4th DCA 2013)).
Anti-retaliation
Fla. Stat. § 440.205 prohibits firing or coercing an employee for filing or attempting to file a workers'-comp claim.
Safety committees are not required in Florida
Florida does not require a workplace safety committee, at any employer size. Fla. Stat. § 442.012, still widely cited for a “uniquely Florida” mandate at 20+ employees, was repealed effective July 1, 2000 (s. 14, ch. 99-240). What exists today is voluntary: under § 440.1025 an employer that maintains a written workplace safety program is eligible for consideration in workers'-comp rate-setting under § 627.0915. Private-sector workplace safety is enforced by federal OSHA — Florida has no state OSHA plan.
Practical takeaways
Confirm your coverage obligation against the industry threshold and keep proof of insurance, report and administer injuries promptly, never discipline near a claim without a documented independent reason, and remember private-sector safety enforcement is federal OSHA.
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