Biden’s heat protection rules challenge Texas’ “Death Star” law

The Biden administration has proposed new federal rules requiring employers to provide water and rest breaks to workers during extreme heat, a move that could counteract a Texas law that prevents cities from enacting their own workplace safety regulations.

The rules proposed by the Occupational Safety and Health Administration (OSHA) would require water and rest breaks for indoor and outdoor workers when temperatures reach certain levels. According to the San Antonio Current, this would be the first federal rule focused on preventing risks while working in high temperatures.

“Workers across the country are losing consciousness, suffering heat stroke, and dying from heat exposure just by doing their jobs, and something must be done to protect them,” Assistant Secretary of Labor Douglas L. Parker said in a statement. “Today’s proposal is an important next step in the process of getting public input to craft a final win-win rule that protects workers while being practical and workable for employers.”

Last year, Texas had its hottest year on record, with at least 334 heat-related deaths reported, according to the Texas Department of State Health Services.

Texas cities like San Antonio and Dallas used to require workers to take 10-minute water breaks every four hours, but under HB 2127, also known as the Death Star law, cities can no longer create their own worker protections. The law is currently being appealed but is still in effect.

U.S. Representative Greg Casar, whose district includes parts of San Antonio and Austin, emphasized the urgency and importance of these protective measures.

“For decades, workers have fought for government protection from extreme heat. Despite opposition from large corporations, these working families are finally getting the protection they deserve,” said Casar. He and Texas workers protested last summer with a “thirst strike” on the steps of the U.S. Capitol.

“Greg Abbott tried to take away Texans’ rest breaks, but now we are one step closer to providing heat protection to all Americans in the workplace. Employers can adopt OSHA’s proposed rule and protect their workers today. For those establishments that don’t, I will work with the Biden administration to finalize this rule as soon as possible,” Casar said. Activists have warned that heat in Texas is increasing due to climate change, putting workers’ health at risk. The WHO has warned that heat stress can lead to death and worsen diseases such as cardiovascular disease, diabetes, mental illness and asthma.