New legislation would require U.S. construction employers to allow workers to take a paid 15-minute break every four hours year-round, according to constructiondive.com. Rep. Sylvia Garcia (D-Texas) filed the Construction Injury Prevention Act July 27 to help address heat-related illness and death among construction workers.
An analysis of federal data by NPR and Columbia Journalism Investigations shows at least 384 workers have died from heat exposure during the past decade—many of them construction workers. The study found Latinos accounted for a third of all heat-related fatalities since 2010 though they make up only 17% of the workforce.
Some states and cities already have established rest-break requirements; Dallas and Austin, Texas, require employers to provide construction workers with a 10-minute water break every four hours.
In addition to mandatory minimum rest breaks, the legislation would:
- Prohibit employer retaliation against an employee for taking paid rest breaks
- Require employers to notify new employees of their right to paid rest breaks at the start of employment
- Require employers to post notice of employees’ right to paid rest breaks in a public space in English and Spanish
Climate change is contributing to more frequent and intense heat waves, which especially create safety risks for construction workers, according to a 2022 California legislative analysis.
The Occupational Safety and Health Administration is working to establish a national heat standard to allow contractors to devise their own heat illness prevention plans. It also said it is increasing heat-related workplace inspections.
