Construction workers in Texas will soon be stripped of their right to mandatory water breaks, due to a recently passed state law. This legislation allows the state to supersede local governments in specific situations.
The bill was initially passed by the Texas Legislature during this year’s regular legislative session and was recently signed by Gov. Greg Abbott as Texas temperatures hit triple digits. The law will go into effect on September 1, 2023.
Supporters of the Texas Regulatory Consistency Act, also known as the Death Star bill, argue that it will streamline business operations by eliminating a fragmented system of local regulations throughout Texas. While the law encompasses various aspects, one of its explicit targets is local ordinances that mandate minimum workplace breaks. Specifically, it will end the 2010 Austin and 2015 Dallas ordinances that required 10-minute breaks every four hours for construction workers to hydrate and safeguard themselves from the sun. This law will also prevent other cities from enacting similar regulations in the future.
But lawmakers and unions against the bill argue it targets progressive ordinances passed by city lawmakers.
"A U.S. postal worker and a utility lineman both died this week in Texas from working in extreme heat,” a tweet from Texas American Civil Liberties Union said. “Meanwhile, Gov. Abbott just signed #HB2127 banning cities from mandating rest and water breaks for certain workers. Abbott is once again putting Texans in harm's way.”
The Texas Tribune previously reported Texas has the highest number of worker fatalities caused by high temperatures. Over the period spanning from 2011 to 2021, at least 42 workers in Texas died due to environmental heat exposure. However, labor unions argue that this data does not paint a complete picture of the issue, as heat-related deaths are often categorized under alternative primary causes of injury.