The state of Texas is expected to pass legislation that would challenge the right of construction workers in cities like Dallas or Austin who are on the front lines of the heat to take a water break every four hours.
The law was signed into law by Republican Greg Abbott, governor of this southwestern US state, in mid-June, when the temperature was reaching 40°C in places. The heat wave in the south of the country killed 13 people.
The authors of that text, due to come into force in September, put forward legal arguments: This law, which makes no direct mention of the “water barrier,” would merely return its jurisdiction to the state, while several cities had taken it on have their own standards on this subject, which differ from those of the state, which would have caused confusion among companies.
However, critics say the “water break” provisions for construction workers, which allows them to stay in the shade for 10 minutes every four hours to hydrate themselves, would be ineffective.
This law “prohibits cities and counties from instituting or enforcing basic protective measures (…) while we live in extreme temperatures and workers in Texas have died from heat-related illnesses,” said insurgent Ana Gonzalez, Texas representative of the AFL-CIO union federation.
“It’s inhumane and dangerous for the workers,” she told AFP.
Texas is the US state with the highest number of heat victims among construction workers: 42 between 2011 and 2021, she recalled, citing official figures.
This “drink break” has been in place since 2010 in the capital Austin and since 2015 in Dallas, two cities run by Democratic mayors. According to Ana Gonzalez, San Antonio was preparing to introduce it, but this new law is preventing that.
The Democrat-run city of Houston has already challenged the validity of the law in court.
If passed, employers could still introduce these breaks voluntarily, but nothing would force them to do so.