On June 13, Gov. Greg Abbott (R-Texas) approved a law that will eliminate mandated water breaks for some state construction workers beginning Sept. 1, according to Construction Dive; those in construction are especially vulnerable to heat-related risk. There currently is not a federal standard to protect workers from dangerous heat conditions, but the Occupational Safety and Health Administration is developing one.
The Texas Regulatory Consistency Act rolls back locally enacted protections that go further than state law, including ordinances in Austin, Texas, and Dallas, which require 10-minute breaks every four hours for construction workers to hydrate and get a break from the sun. Supporters of the law say it will eliminate cumbersome, varied ordinances across Texas.
Forty-two workers died in Texas from heat exposure between 2011 and 2021—the highest amount in the U.S. Advice from OSHA and the National Institute for Occupational Safety is more rigorous than the local Texas laws, recommending one cup of water every 15 to 20 minutes. Until a formal standard is developed, OSHA has a national emphasis program to help employers protect workers from heat-related hazards.
Geoffrey Tahuahua, president of the Associated Builders and Contractors of Texas, told the Texas Tribune rigid rules can encourage contractors to do the minimum to protect workers rather than empowering them to evaluate each job site individually. David Michaels, head of OSHA from 2009 to 2017 and current professor at George Washington University School for Public Health, told the Texas Tribune that although employers hold the ultimate responsibility of keeping workers safe, many are doing an inadequate job.
Jose Garza, environmental health and safety leader in Austin for DPR Construction, Redwood City, Calif., said with the rollback of the ordinances, Texas contractors must do more to be proactive for worker safety.
“We believe we cannot properly do business and keep workers safe without a strategy to ensure workers are protected from heat-related illness,” Garza said. “We do think, unfortunately, this new law underestimates this need, and we hope people procuring construction services ask how their vendors will account for heat and safety.”
