Texas, Florida, and Phoenix Heat Regulations Face Practical Tests

When Memorial Day arrives and summer traditionally kicks off, longer daylight hours could help contractors advance projects faster than in winter. However, the intense summer heat poses a serious challenge in many parts of the United States—high temperatures are enough to threaten the health of outdoor workers. In recent years, the safety of laborers in hot climates has drawn national attention, especially as research shows global temperatures are rising and will continue to climb.

According to NASA data, many parts of the world experienced their hottest period in 2,000 years last summer. Miami broke its record for the hottest July on record; El Paso, Texas, saw temperatures exceed 100 degrees Fahrenheit 70 times; Phoenix had 54 days reaching 110 degrees Fahrenheit.

For outdoor workers in some states, this summer will be the first season in which new rules take effect—in some cases, these rules even prohibit mandatory hydration breaks. Texas and Florida have passed laws banning municipalities within their borders from requiring employers to provide water breaks for workers.

Florida Governor Ron DeSantis signed House Bill 433, which will prevent cities and counties in the state from enacting their own heat safety regulations starting in July. Texas's law, called the "Death Star bill" by opponents, is already in effect, but cities such as Houston and San Antonio have filed lawsuits against it.

These laws do not prohibit employers from providing breaks on their own; they only stipulate that local governments cannot mandate them. On the other hand, the Phoenix City Council voted unanimously in March to pass an ordinance requiring companies with municipal contracts, including subcontractors, to have a documented heat safety plan. The plan must include: access to free cool drinking water; the ability to take regular necessary breaks; access to shade or air conditioning; heat acclimatization practices; and training on heat illness and injury.

The rationale for states prohibiting cities and counties from mandating breaks is to avoid burdening businesses with inconsistent local regulations—for example, one job site requiring breaks while another does not. Florida Democratic Representative Anna Eskamani told Construction Dive when the bill passed: "I understand the concern, but these requirements are very basic, not onerous, and do not create an excessive burden." She added that businesses operating across regions typically have the resources to track different rules.

Opponents of laws banning mandates, such as the American Civil Liberties Union, argue that these laws hinder worker protections, making it easier for employers to deny breaks and other safeguards.

Protecting workers

As some cities and counties legislate on heat protection, the Occupational Safety and Health Administration (OSHA) has begun developing federal-level guidance. Although the agency has established specific standards for hazards such as falls, trenching, steel erection, and volatile substance handling, there is no clear rule for protecting workers from heat.

OSHA is developing a heat safety standard and crossed a threshold in the rulemaking process in April. OSHA's head said it is a priority. "We are working to roll out a proposed rule," Doug Parker, Assistant Secretary of Labor for Occupational Safety and Health, told Construction Dive earlier this month at a construction safety event.

In maintaining safe job sites, the Occupational Safety and Health Act of 1970 requires employers to eliminate hazards and ensure workplaces are free of "recognized hazards that are causing or are likely to cause death or serious physical harm." In 2022, the agency launched a National Emphasis Program through which it promotes and emphasizes three key measures for addressing extreme heat: water, rest, and shade.

Enforcement is another matter. OSHA does not view itself as a punitive enforcer; Parker has said the best way to curb industry hazards is not by issuing citations but by working with industry leaders to raise awareness and embed safety into culture. Nevertheless, OSHA can only cite employers who fail to protect workers from extreme heat under its "General Duty Clause," i.e., 5(a)(1) citations. Such violations cannot be used for repeat citations, which increase fines for subsequent violations.

Heat safety recommendations

Despite the lack of a national rule, most contractors follow their own set of common-sense practices to keep workers safe in summer. OSHA has also offered recommendations. The agency says basic measures can be taken to prevent heat illness in workers.

For example, according to OSHA, nearly three-quarters of heat-related injuries occur within the first week of starting hot work, indicating that employers should help workers gradually acclimatize to the heat season. Taking time to acclimatize helps workers adjust. The agency's recommendations on heat acclimatization include: scheduling workers for shorter shifts in heat with more breaks; training workers on heat stress and its symptoms; monitoring new workers for these symptoms; implementing a buddy system; and allowing workers new to heat to stop working if symptoms appear.

Safety officials also say workers should drink a cup of cool water every 20 minutes, even if not thirsty. Additionally, the agency recommends wearing breathable clothing, monitoring workers for signs of heat illness, and taking frequent breaks in the shade.

"Everyone has a responsibility to approach health and safety in a values-driven way and embed it into the work culture from the top of the organization to the front lines," Parker told Construction Dive.