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‘Treated like tools that are disposable’: Texas law gets rid of mandatory rest breaks for construction workers

In Texas, summer temperatures can often exceed 40 degrees Celsius.

‘Treated like tools that are disposable’: Texas law gets rid of mandatory rest breaks for construction workers

Construction workers often have to work outdoors for hours under the scorching sun, in long-sleeved shirts and gear such as helmets and tool belts.

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AUSTIN, Texas: Matthew Gonzales knows firsthand how hot it can get at a worksite in summer, having worked in the construction industry for more than 25 years. 

Construction workers often have to work outdoors for hours under the scorching sun, in long-sleeved shirts and gear such as helmets and tool belts.

In Texas, summer temperatures can often exceed 40 degrees Celsius.

“We’re working with steel, iron, aluminium, glass - all of those things retain or reflect heat,” said Gonzales, who is now a business manager at labour union Laborers Local 1095.

For decades, there has been no state-wide regulation on rest breaks to keep workers safe.

LAW LIMITING POWER OF CITIES TO MAKE OWN RULES

To tackle this problem, the liberal Texan cities of Austin and Dallas took matters into their own hands. 

In 2010 and 2015 respectively, they passed local ordinances requiring 10-minute rest breaks every four hours so workers can drink water and get out of the sun. 

But last year, Texas’ Republicans centralised power and passed a sweeping new law that limits the power of cities to make their own rules.

The unprecedented legislation prohibits cities from enforcing or creating regulations that are stronger than the state’s in broad areas including labour and finance.

Since there are no state statutes on rest breaks, the ones that Austin and Dallas had in place are now void.

WORKERS TREATED LIKE “DISPOSABLE TOOLS”

“What's really unfortunate about the whole thing is we already live in the most dangerous state for construction workers,” said Jeremy Hendricks of the Laborers’ International Union of North America.

“We have more deaths on the job. We have more injuries on the job.”

According to the United States’ Department of Labor Statistics, at least 42 workers across all sectors in Texas died from heat exposure between 2011 and 2021 - the most of any state. 

Labour groups said the figures are likely much higher, as some injuries or deaths are classified under other causes. 

“You get dizzy because you get hot, (then) you fall off a ladder, that's a fall, an accident,” said Hendricks. 

“They're really pushing it under the rug and making sure that folks don't know how serious that problem out there really is.”

Labour groups have worked for years hoping to improve workers safety.

But with only 4.5 per cent of the Texas workforce unionised, their reach has been limited.

Ana Gonzales, deputy director of policy and politics at state labour federation Texas AFL-CIO, said construction workers in the state are treated badly as a direct result of their immigration status.

Most construction workers in Texas are Hispanic or undocumented.

“We simply see that workers are treated like tools that are disposable,” Gonzales added. 

Construction workers often have to work outdoors for hours under the scorching sun, in long-sleeved shirts and gear such as helmets and tool belts.

WORKERS’ FATES MAY REST AT FEDERAL LEVEL

Supporters of the new preemption law said rest breaks were never the target, and that it is meant to mitigate what they call “the harms of a patchwork of regulation”.

In a statement to CNA, the National Federation of Independent Business said: “This clarification will help small business owners better comply with regulations, rather than being burdened by the complexity of multiple layers of guidelines over their business practices.”

Other supporters said the fallout has been overstated, as employers would still provide breaks for their workers even if they are not required to in order to meet Occupational Safety and Health Administration (OSHA) standards. 

Ned Munoz, vice president of regulatory affairs and general counsel for the Texas Association of Builders, said: “If you had a roofer in the middle of the Texas summer working for four hours and only getting a 10-minute break, OSHA would come down incredibly hard on them because that is not a safe environment.”

The Texan cities of Houston, San Antonio and El Paso have sued over the new law.

But while a lower court declared the legislation unconstitutional last summer, it remains in effect after the state appealed the decision. 

The case is still making its way through the courts.

The fate of these workers may now rest at the federal level, said observers. 

The Biden administration recently put forward a first-of-its-kind heat plan, which would require employers to offer rest breaks, access to shade and water, and monitor for signs of heat illness. 

The public will weigh in on the proposal, and industry pushback is expected. 

Source: CNA/ca(lt)
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