As Texas sweltered last month under a weekslong, record-breaking heat wave, the state passed a law that will eliminate mandatory water breaks for construction workers in cities where such ordinances had been in place to protect people from extreme heat. Now, backlash is brewing.
House Bill 2127 passed the state Legislature and Gov. Greg Abbott promptly signed it into law on June 14. The bill, which goes into effect in September, strips construction workers in Austin and Dallas of the right to water breaks every four hours and time to rest in the shade while on the job.
The new law comes as Texas endured three straight weeks of high humidity and triple-digit temperatures in June. Such intense and long-lasting heat waves are expected to become more common in a warming world, climate scientists have said.
I imagine the only way OSHA would have the power to do that, is if Congress passes a federal law to supercede the Texas law. I could be wrong though, not exactly an expert on OSHA’s purview.
The Occupational Safety and Health Act, which established and gave authority to OSHA, is federal law that supersedes Texas law so long as it is in force.
The law allows states to set up their own local jurisdictions if they so chose. Texas has not so chosen, so federal OSHA has authority there.
That’s a good point.
There’s also the General Duty Clause which states that it is an employers duty to provide a workplace free from recognized hazards that may cause death or serious physical injury.
Given that, I would say regardless of Abbott stripping the stricter safety requirement, employers are still legally obligated to provide water, shade, and rest to employees working in the extreme Texas summer heat.
Edit: added link