Know your rights during this Texas heat wave. Here’s how outdoor workers are protected
In 2020, 170 Texas workers fell ill from exposure to heat on the job, according to data from the U.S. Bureau of Labor Statistics. Between 2011 and 2018, 42 Texans died from heat exposure while working.
From 2011 to 2020, the latest year data was available, 4,030 Texas employees suffered from heat-related illness.
Heat-related workplace deaths and illnesses in Texas have vastly decreased since 2011, due in large part to mandated breaks ordered by the city of Austin in 2010 and Dallas in 2015. Workers were required to take a 10-minute break every four hours to drink water and protect themselves from the sun. Heat illness numbers in Texas went from 770 to 170, and heat deaths from 9 to 5.
A new law signed by Gov. Greg Abbott on June 13 during a scathing Texas heat wave bringing triple-digit temperatures seeks to change that. Beginning September 1, many of those mandated water breaks will be rescinded. Several Texas workers have already died during the blistering heat, including USPS letter carrier Eugene Gates and a 35-year-old utility lineman working to restore power in Marshall.
Texas workplace heat protection rights
Heat illness affects thousands of workers each year and can lead to death. If you work outdoors in Texas, here’s what you need to know about your rights working in the heat.
Though the Occupational Safety and Health Administration does not have a specific standard to address heat-related hazards, the agency has enforcement initiatives and resources focused on making sure employers understand their responsibility to protect workers from heat stress hazards, OSHA spokesperson Juan Rodríguez told the Star-Telegram.
“As temperatures continue to exceed dangerous levels in Texas and many parts of the country, employers need to act responsibly about their legal obligations to protect their workers from the well-known hazards of heat illness,” Rodríguez says.
Every employer is required to provide safe and healthful working conditions for their employees under OSHA’s General Duty Clause, and is subject to citation if they fail to protect workers from recognized hazards, which include working conditions that lead to heat illness. Several other OSHA standards also address worker protection in hot environments, including sanitation, medical services and first aid, and record-keeping.
OSHA compliance officers evaluate workplaces on a case-by-case basis, determining if a heat hazard exists and recommending applicable control methods, which include implementing water, rest, shade, training and acclimatization procedures for new or returning employees.
“While the long-term work of developing a permanent heat workplace safety rule remains a top priority, OSHA’s Dallas region launched a Regional Emphasis Program on Heat in 2019 and OSHA national followed suit with a National Emphasis Program in 2022 to immediately improve enforcement and compliance efforts,” Rodríguez said.
These programs focus agency resources on specific hazards and high-hazard industries exposing workers to extreme heat conditions. They involve a combination of enforcement and compliance assistance to help ensure employers protect workers and workers have the knowledge and resources to stay safe, according to OSHA.
As the agency works towards a permanent rule, Rodríguez says it will continue to use all available resources, including compliance assistance and enforcement. The agency strongly encourages employers to reach out to its compliance assistance specialists around the country for information on how best to address heat-related hazards at their workplaces.
Employees can file a complaint to OSHA about a lack of heat protection by calling 1-800-321-6742 or going to https://www.osha.gov/workers/file-complaint. For more information, visit www.osha.gov/heat.
