Op-Ed: Texas Regulatory Consistency Act Isn’t Taking Away Rest Breaks for Construction Workers

August 31, 2023

“Regardless of any state legislation or local ordinance, our members and their teams have always — and will continue to — protect their workers above all else.”

Op-Ed: Texas Regulatory Consistency Act Isn’t Taking Away Rest Breaks for Construction Workers

SAN ANTONIO (Aug. 31, 2023) – “[T]he assertion the construction industry isn’t providing rest and water breaks for its workers […] is wrong and irresponsible,” writes Lauren Mandel, president of the San Antonio Chapter of Associated General Contractors and Tamara Klaehn, president of the Associated Builders & Contractors — South Texas in an op-ed in the San Antonio Express-News. “While [HB 2127] does preempt certain municipal and county regulations, it did not take away rest breaks from workers. Employers are still responsible for providing workplaces free of known safety hazards, including heat-related illness.” In the op-ed, Mandel and Klaehn describe the construction industry’s worker protections, which are maintained under the Texas Regulatory Consistency Act (HB 2127). From shade tents to innovative incentives that encourage workers to drink more water, there is a high emphasis on worker safety in the construction industry. CLICK HERE to read the full op-ed. Excerpts are below: New Texas law isn’t taking away rest breaks for construction workers San Antonio Express-News Lauren Mandel & Tamara Klaehn August 29, 2023 It’s been dangerously hot this summer. Anyone who steps foot outside, let alone works outside, in the summer in San Antonio is at risk for a heat-related illness. […] Together, we represent nearly 500 San Antonio-area general contractors, specialty contractors, suppliers and others who spend their days on job sites. We are compelled to respond to the assertion the construction industry isn’t providing rest and water breaks for its workers. This narrative is wrong and irresponsible. It’s likely the passage of HB 2127, which takes effect Friday, has played a role in the misinformation campaign that has spread. While the bill does preempt certain municipal and county regulations, it did not take away rest breaks from workers. Employers are still responsible for providing workplaces free of known safety hazards, including heat-related illness. […] Texas has long been under an Occupational Safety & Health Administration, or OSHA, special emphasis heat advisory that places extra scrutiny on firms to ensure they are protecting workers. […] This approach encourages early interventions, which include, but are not limited to, water, rest, shade, training and acclimatization procedures for new or returning employees. Additionally, OSHA has released an app called the OSHA-NIOSH (National Institute for Occupational Safety & Health) Heat Safety Tool. […] For the commercial construction community — especially in San Antonio — safety isn’t just a “have to have.” It’s a culture. There are obvious standards: water and rest breaks whenever needed, as well as training in heat-illness recognition and aid. Each day on a job site begins with a safety meeting, and heat is part of that discussion. Drive past a job site, and you are more than likely going to see shade tents throughout. Electrolyte packs, popsicles and “heat signage” are all common at construction sites. In speaking with our members about how they’re taking care of their folks in the heat, one contractor discussed having air-conditioned trailers. […] Contractors will also modify their hours to begin jobs earlier, when it’s cooler. And one contractor even has a “water bottle program,” in which workers are encouraged to put their employee numbers on bottles and turn them in. At the end of the day, one is pulled for a prize. The more water bottles consumed, the more chances to win. One life lost on a job site due to heat illness is one too many. We’re proud to represent an industry that values its employees above all else. Background: Only two Texas cities, Dallas and Austin, have issued water break ordinances. There has been no significant enforcement of either ordinance, and the Austin ordinance applies only to workers on commercial construction sites. LISTEN: Texas Regulatory Consistency Act Does Not Prohibit Rest & Water Breaks While addressing a Senate panel in support of the Texas Regulatory Consistency Act, Texas Association of Builders’ Ned Muñoz testified to the ineffectiveness of the local ordinances in providing for worker safety, noting they don’t meet the federal government’s high standards for a safe workplace. WATCH: Expert on City-Sanctioned Rest Breaks: ‘That’s Not a Safe Environment’ Bottom Line: Under the new law, employers in Dallas, Austin, and across the state will continue to offer water and rest breaks for their employees, along with other workplace protections.

Topics:

Regulations

State:

Texas

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