New Law Eliminates Worker Water Break Regulations

Amid record-setting temperatures, employers need to protect workers from the heat

June 28, 2023

Texas Gov. Greg Abbott signed a law last week eliminating local rules requiring water breaks for workers amid a dangerous heatwave that has brought blistering temperatures across the state.

The bill will nullify ordinances later this year enacted by Austin and Dallas that mandated 10-minute breaks for construction workers every four hours. It also prevents any other local governments from passing similar worker protections.

Days after the law was signed, a 35-year-old utility lineman working to restore power in Marshall, Texas, died after experiencing symptoms of heat illness.

Advocates say that local protections are crucial because the U.S. Occupational Safety and Health Administration (OSHA) does not have a national heat protection standard.

Heat stroke and heat exhaustion are the two most serious heat-related health problems. Heat stroke occurs when the body’s temperature-regulating system fails, and the body’s temperature rises to critical levels. It is a medical emergency that may rapidly result in death.

Symptoms of heat stroke include confusion, loss of consciousness, seizures, very high body temperatures, hot and dry skin, and profuse sweating. Symptoms of heat exhaustion include headaches, nausea, dizziness, weakness, irritability, thirst, heavy sweating, elevated body temperatures, and decreased urine output.

According to OSHA, factors that increase workers’ risk of heat-related illness include high temperatures and humidity, direct exposure to sun, indoor exposure to sources of radiant heat, limited air movement, low fluid consumption, physical exertion, and heavy personal protective clothing or equipment.

To best prevent heat-related illness, employers should train workers and supervisors about the hazards leading to heat illness, as well as the many ways to prevent them. Employers should also remind workers to frequently drink small amounts of water before they become thirsty to maintain good hydration. During moderate activity in moderately hot conditions, OSHA recommends that workers drink about eight ounces every 15 to 20 minutes and employers schedule frequent rest periods with water breaks in shaded or air-conditioned recovery areas.

It is also crucial to monitor weather reports daily and reschedule jobs with high heat exposure to cooler times of the day.

The U.S. Centers for Disease Control and Prevention (CDC) also provides an abundance of resources on recognizing and preventing heat illnesses.

The Union of Concerned Scientists reports that more than half of Americans have faced an extreme weather alert in the past six weeks alone. Though OSHA does not have a national heat protection standard, both it and the CDC offer symptoms of heat illness to watch for, as well as tips for protecting employees who work in extreme heat conditions.

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