Are employers mandated to keep workers safe in the heat? What Texas law says
The Texas heat is unforgiving during the summertime, especially for people working outside.
Over the weekend, a UPS worker passed out while behind the wheel and collided with a tree, according to WFAA-TV. The UPS workers union said the driver passed out due to the heat and was released from the hospital Saturday.
August has been a particularly warm month in North Texas, with the region recording 11 days over 100 degrees. In total, North Texas has recorded 19 days over triple digits.
When it comes to heat-related laws for workers in Texas, are there any? Here’s what to know:
Are there heat-related laws for workers in Texas?
No, Texas does not have any heat-related laws in place for workers.
Dallas and Austin had ordinances in place that required construction workers to take 10-minute breaks every four hours, according to the Texas Tribune. These ordinances were in place to give workers a chance to hydrate and break from working under the sun.
However, the Texas Legislature passed House Bill 2127 into law last year, which nullified the ordinances.
The bill declares that Texas has historically been the “exclusive regulator of many aspects of commerce and trade” in the state. Over the last few years, several local governments have established their own regulations of commerce different from the state, per the bill.
HB 2127 made several additions to a variety of Texas codes, including section 1.005 of the labor code, which states:
“Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code,” the code states.
The code states that this provision applies to breaks, employment leave, hiring and other terms of employment that conflict with federal or state law.
How Texas workers can stay safe in the heat
Yes, the Occupational Safety and Health Administration (OSHA) has a few tips for people working in the heat:
- Drink cool water: Drink at least one cup of cool water every 20 minutes, even if not thirsty.
- Take rest breaks: Take adequate time to recover from heat.
- Find shade area: Take a break in shady or cool areas.
- Dress for heat: Wear a hat along with light-colored loose-fitting and breathable clothing.
- Watch out for each other: Monitor others for signs of heat illnesses.
- Wearing a face covering: Change face covering if it gets wet or dirty.
What are the symptoms of heat illness?
Heat exhaustion and heat stroke are two common illnesses during summertime. The National Weather Service has outlined the following:
Heat exhaustion symptoms
- Heavy sweating
- Tiredness
- Weak pulse
- Dizziness
- Fainting and vomiting
If you experience these symptoms, act fast, move to a cooler environment, loosen clothing, apply a wet towel, and drink sips of water.
Heat stroke symptoms
- Throbbing headache
- Confusion
- Nausea
- Body temperature above 103 degrees
Heat stroke is the more severe case of heat exhaustion and can lead to shock, organ failure and even death, according to NWS.
Moving the victim to a cooler place and applying cold towels can help reduce body temperature, but do not give them fluids. The first step for anyone experiencing heat stroke is to immediately call 911 or get the person to the hospital right away.
