Fact Check: Employers Continue to Keep Workplace Safe

Date: June 30, 2023

Texas Regulatory Consistency Act does not undermine employee-provided worker protections

As temperatures climb to triple digits, local leaders and politically motivated labor groups are misleading the public, falsely suggesting the Texas Regulatory Consistency Act bars construction workers from taking water and rest breaks.

Nothing could be further from the truth. Among the more than 1,200 municipalities across our great state, only two cities, Austin and Dallas, have issued ordinances requiring rest and water breaks. The Austin ordinance only applies to commercial construction sites. To our knowledge, neither ordinance has had significant enforcement activity. But more importantly, neither ordinance meets federal standards for a safe workplace.

READ: Opinion: Employers Will Continue Providing Water Breaks, Workplace Protections for Employees

As NFIB State Director Annie Spilman told Chad Hasty, it’s disingenuous for local city officials, members of the media, and labor groups to claim that workers will be harmed by the repeal of ordinances that—in most cases—were never adopted in the first place.

“These employers have the right and have had the right to provide safe work environments, to provide breaks. Members of the media and labor unions are saying this bill will repeal the ‘right’ to rest and water breaks. There are only two Texas cities, Dallas and Austin, that even have a mandate relating to this. It requires a 10-minute break every four hours – which is very subpar and below the standard of OSHA requirements.”

LISTEN: Texas Regulatory Consistency Act Does Not Prohibit Rest & Water Breaks

CLICK HERE for a comprehensive fact-check of the Texas Regulatory Consistency Act.

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