Why You Should Care About This New “No Water Breaks” Rule
It’s been a pretty hot summer so far; in fact, July 2023 saw the hottest temperatures ever recorded. And if you work in construction or landscaping or do anything outdoors and/or involving manual labor, you probably rely on your water breaks. It’s a moment to catch your breath and to rehydrate when you need it.
According to the Texas Tribune, Governor Greg Abbott in Texas signed and approved a law in June 2023 that will get rid of mandatory water breaks. This law is geared toward construction workers who mostly work outside. It is part of House Bill 2127 and will officially become law throughout the state of Texas on September 1st.
You may be thinking, “Why should I care about a law in Texas when I live in Tennessee?” However, the harsh reality is that states tend to influence each other to make the same decisions that they do. So, if this new “no water breaks” rule saves Texas some money or doesn’t seem to have a big impact on workers, there’s a chance a version of it will make its way to Tennessee – and our construction workers and other employees who work outside often will be severely impacted.
How does this new law negatively affect construction workers?
While the bill appears to be very broad, supporters of it stated that “it will eliminate a patchwork of local ordinances across the state that bog down businesses.” One of the main topics in the bill is the number of breaks in workplaces. In 2010, the city of Austin implemented a law that gave employees a 10-minute break every four hours. This allowed construction workers to hydrate themselves, apply sunscreen, and do whatever it takes to protect themselves from the sun and high temperatures.
Dallas passed a similar law in 2015, and San Antonio was in the process of working on a bill with the same guidelines. Unfortunately, the new law will override and throw each of these laws out.
In Texas, over 40 construction workers died from working in high temperatures between the years of 2011 and 2021. In 2021 alone, the number of workers who died from environmental heat exposure in the United States was 36, according to the U.S. Bureau of Labor Statistics. However, per the Tribune, the workers’ unions believe that this data for Texas and the United States “doesn’t fully reflect the magnitude of the problem.” The reason that they give for this is because when a worker dies from the heat, it is usually recorded as a different cause of death. This means that the number of heat-related deaths may be much higher.
The construction industry is already very dangerous, but the deputy director of policy and politics at the Texas AFL-CIO, Ana Gonzalez, explained that because of the new law “we will see more deaths, especially in Texas’ high temperatures.” Several business organizations strongly support the law, believing that it will give new life to the businesses in Texas that are “struggling” under the current laws. However, the president of Associated Builders and Contractors of Texas, Geoffrey Tahuahua, argued that these types of regulations “encourage people to do the minimum instead of doing the right thing.”
The former head of OSHA, David Michaels, also chimed in to disagree with the new law. He explained that it is the employers’ duty to ensure that their construction workers are safe while on the job, but this new law will only make that worse. He believes that a national ordinance is the best solution to saving lives in extreme heat, but right now, there are no signs of any national ordinances addressing this issue being developed or becoming mandated.
What are the dangers of working in extreme heat in Nashville, TN?
According to The Associated General Contractors of America, Tennessee currently has more than 125,000 people employed in the construction industry. Therefore, while this law has not made its way to Tennessee yet, there is a possibility that we could see bills similar to it in the next few years, and unfortunately, just like Texas, Tennessee sees extremely high temperatures throughout the summer months as well. So, if a “no water breaks” law was to pass in our state, our construction workers would be exposed to stifling heat with no opportunities to hydrate themselves, which could lead to very dangerous health conditions, including:
- Heat exhaustion or heat strokes
- Heat rashes
- Heat cramps
- Dizziness and fainting
- Burn injuries
- Steam injuries
- Death
In addition to these conditions, working in extreme heat can cause chronic conditions, such as kidney disease, asthma, arthritis, hypertension, cardiovascular disease, diabetes, and mental health illnesses.
Four tips for Nashville construction workers during the hot summer months
Even though Tennessee currently allows their construction workers to take breaks to consume water and other liquids to stay hydrated, it is beneficial to be aware of other tips to stay cool during the hot summer months to prevent a construction site accident. Here are four tips that you should consider if you are a construction worker:
- Always try to wear loose clothing that is breathable and light Cotton is a great material to consider buying for construction work. We know you need to wear protective gear like boots and hardhats, but sunscreen and safety sunglasses are also a construction worker’s best friend during the summer months.
- If you start working in the early morning, try to do your hardest and heaviest work during that time. The reason that this is suggested is because the morning hours are usually cooler than other times of the day. In the evening, you will be exposed to the highest and most miserable temperatures, which is when you should do your lighter work if possible.
- Be aware of any signs of heat exhaustion or heat strokes among yourself and your coworkers. A few common signs of these conditions are slurred speech, falling or tripping over things, severe sweating, dizziness, headaches, nausea, feeling confused, and more.
- If there are any work areas that are shaded, you and your coworkers should take turns working in that area. This gives each of you an opportunity to get away from the sun for a little bit when you feel hot or overheated.
If you were injured in a Nashville construction accident as a result of heat exhaustion or a heat stroke, consider speaking with a construction accident attorney at Rocky McElhaney Law Firm as soon as possible. The last thing our construction accident lawyers want is for you to stress or worry about paying for your medical bills or daily expenses while you are recovering from your injuries. We will gladly meet with you to go over your legal options for a third-party claim and workers’ compensation. Call our office or complete our contact form to schedule a free consultation. We are available and ready to assist you at our Nashville, Hendersonville, and Clarksville locations.
Related: