Texas construction workers are set to lose their right to rest breaks, amid a record heatwave in the state.
New law rolled out: Governor Greg Abbott signed the Texas Regulatory Consistency Act (HB 2127) on June 13, which restricts cities and counties from implementing regulations stricter than the state’s.
* The new law, effective from September 1, abolishes local ordinances such as those in Austin and Dallas that mandate rest breaks for construction workers.
Impact on workers: Construction workers, such as Mario Ontiveros, risk health complications from extreme heat with the removal of mandated rest breaks.
* Ontiveros reported losing feeling in his arm after working for over 10 hours in 112-degree heat.
* From June 1, the Austin-Travis County Emergency Medical Service has already attended 410 heat-related incidents, including a worker with a heat stroke.
Unintended consequences: Advocates argue the new law carries serious health risks for construction workers.
* Surveys prior to Dallas’s ordinance found 33% of construction workers didn’t receive rest breaks, and 66% lacked access to water.
* Between 2010 and 2020, at least 53 Texan workers died from heat-related illnesses.
Reaction from the industry: Critics and supporters refer to HB 2127 as the “Death Star Bill” for its capacity to nullify local control.
* Labor unions are still able to negotiate for rest breaks, however, the law is expected to broadly impact construction safety.
* Enforcing rest breaks can reduce instances of fatigue, disorientation, dehydration, and life-threatening conditions.
* Only five states in the U.S. – California, Colorado, Washington, Minnesota, and Oregon – currently have worker heat protections.
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