Studies show that the summer of 2023 was the hottest in recorded history, but states throughout the US are still in gridlock when it comes to regulations to protect workers from the extreme heat. In fact, Texas even went so far as to pass a law eliminating city ordinances that previously required water and shade breaks for construction workers.
Climate scientists predict that the number of heat waves will continue to increase in the coming years. With that in mind, we must do more to protect the workers who bear the brunt of escalating climate conditions.
Current protections to prevent heat stress in the workplace are not enough
On the whole, states have dropped the ball when it comes to heat-related protection for workers. Only six states currently have some sort of legislation in place, including California, Maryland, Nevada, Oregon, Washington, and Colorado.
What’s more, these states’ regulations differ widely in their effectiveness. For example, Colorado’s protection only applies to those in the field of agriculture, while Nevada‘s State Senate backed down from mandating hourly 10-minute breaks to ambiguously requiring periods throughout the workday for hydration as needed.
As of October 2023, no other state-level initiatives have been passed into law. This past summer, a bill in New York that would have mandated shade and drink breaks in harsh outdoor conditions died in committee.
Meanwhile, in Florida — where summer temperatures are often sweltering — attempts by both Democratic and Republican majorities to establish heat guidelines for worker safety failed three years in a row. And just two years after voting unanimously to adopt heat-safety guidelines for outdoor laborers, the Virginia Safety and Health Code Board rejected the idea, citing the possibility of federal regulations from OSHA.
Proposed heat-related protections for outdoor workers
Although OSHA strongly recommends that businesses take measures to safeguard employees from heat illness, no federal regulation currently exists. At present, OSHA’s most useful heat-related regulations fall under the “general duty clause.” This mandate only requires businesses to protect employees from imminent danger.
Because of its ambiguity, however, the clause is not strong enough to require procedures that save workers’ lives during extremely hot outdoor conditions. Even for a present “best-case” scenario, it simply serves to levy fines and penalties after injuries and deaths happen.
A federal heat-protection standard has been in the works since President Joe Biden ordered OSHA to begin drafting guidelines for such a standard in 2021. Yet, since this type of legislation generally takes up to seven years to complete, many are worried the outcome of the 2024 presidential election could derail — or delay — the entire process.
Without unified guidance from the federal government, state legislators are left to protect workers from extreme temperatures on their own. Recently, Texas’ Republican governor Greg Abbott, enacted a bill that overrode local regulations in Austin and Dallas requiring 10-minute breaks every four hours for outdoor workers.
Despite the fact that Texas is the state where more workers die from heat exposure than any other, breaks permitting construction workers to get regular water and shade were viewed as too burdensome on the state’s rapidly expanding construction industry. Regarding this legislation, Texas state senator Brandon Creighton tweeted that it was “the most pro-business, pro-growth bill passed in the 88th Legislative session, and will be a lifeline to Texas job creators.”
Why federal heat-related regulations are needed
More deaths occur in the US every year from heat than from any other type of catastrophic weather. While OSHA reports that 121 workers died on the job due to heat between 2017 and 2022, labor advocates argue the actual number is significantly higher than the agency’s data reports it to be.
Death is only one danger related to outdoor work in excessive heat. Research in the study in the journal Occupational and Environmental Medicine states that farm laborers can suffer acute kidney damage after only a single shift in extremely hot weather.
Tips to help the nation’s workers struggling with heat stress
OSHA’s efforts to develop a national standard to protect outdoor workers from heat stress will, unfortunately, take years to bear fruit. Since federal legislation is not on the horizon, employers whose workforce is comprised of outdoor workers must take responsibility for helping their at-risk workers today.
The first step to achieving this could come through supporting local organizations already working to improve workplace safety for employees who work outdoors in extreme heat. The good news here is that by gathering like-minded voices on the matter, policymaking at the state or local level can be (and often is) influenced by a small, yet dedicated group of concerned individuals.
Secondly, if you are an employer who supervises workers in the field, consider soliciting feedback from them on how to improve working conditions. Provide your staff with information about heat stress in their first languages, and ensure they know how to spot the warning signs and symptoms of heat exhaustion. Furthermore, establish and promote an internal “buddy system” to ensure employees are looking out for one another’s well-being, such as keeping track of one another’s hourly water intake.
Millions were placed under heat advisories this summer due to record-breaking temperatures, but those who work outside were particularly at risk. Since heat waves are expected to increase in frequency and intensity over the next three decades, now is the time to adopt worker safety legislation and implement heat protection standards to ensure all employees have access to proper protective measures, including plenty of water, shade, and rest breaks.
