As the mercury soared, reaching a scorching 115 degrees Fahrenheit on Monday, Karla Perez, a construction worker at a Dallas site, took a brief five-minute respite to hydrate herself. Such essential breaks, mandatory in the city of Dallas and in Austin, offer much-needed relief from the sweltering heat.
However, come September, a change in Texas state law will obliterate these local requirements, leaving workers like Ms. Perez at the mercy of their employers for rest and rehydration. Currently entitled to three breaks per day, she fears the consequences of this impending change.
“Workers are going to die,” she asserted. “There is simply no way around it.”
This legislative alteration forms part of a sweeping endeavor by the Republican-dominated Texas State Legislature to exert control over major cities governed by Democrats, cities that have been increasingly proactive in championing progressive policies at the local level.
Dubbed “the Death Star” by its Democratic adversaries, the new law, known as the Texas Regulatory Consistency Act, intends to preempt a wide range of local ordinances encompassing labor, agriculture, and natural resources. The expected outcome is the nullification of regulations pertaining to areas such as payday lending, puppy mills, specific sanitation requirements, and other practices.
Rick Levy, President of the Texas A.F.L.-C.I.O., underscored the far-reaching implications of this law, stating, “I believe the rest break ordinance is merely the tip of the iceberg in terms of what lies ahead. It represents one of the most sweeping transfers of power witnessed in our state, shifting authority from local communities to politicians in Austin.”
Supporters of the law argue that its aim, the Texas Regulatory Consistency Act, is to rein in a patchwork of regulations that vary across localities and may conflict with state-level regulations.
State Representative Dustin Burrows, a Republican representing the Lubbock area, voiced his support , saying, “For too long, progressive municipal officials and agencies have made Texas small businesses jump through contradictory and confusing hoops.”
The genesis of the law stems from grievances raised by business owners, particularly those operating across different city and county lines. The National Federation of Independent Business, which lobbied for the legislation, has emphasized the need to address an increasing number of local rules.
Annie Spilman, the Texas State Director of the National Federation of Independent Business, clarified that the bill does not prohibit employers from implementing their own policies for rest and water breaks. She also mentioned that she had no knowledge of the Dallas ordinance being enforced to date.
However, the law does not specifically address water breaks or any other specific ordinances. Rather, it bans cities from regulating work conditions beyond what is stipulated in state law. Texas law, as well as federal law under the Occupational Safety and Health Administration, does not mandate worker breaks.
Presently, most cities in Texas do not require breaks, although Austin has maintained an ordinance for over a decade, mandating a rest break of at least 10 minutes for construction workers every four hours. Dallas adopted a similar measure in 2015, and the possibility of enacting such an ordinance has been raised in San Antonio this year.
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Officials from Dallas, Austin, and San Antonio are currently assessing the potential repercussions of this broadly worded state law. They express concerns about the bill undermining local decision-making power and the ability to safeguard their residents.
Kirk Watson, the mayor of Austin, condemned the law, stating, “The bill undermines Austin and cities across Texas in their ability to do what is best to protect people.” He expressed hope that contractors would continue to uphold Austin’s values and prioritize the safety of workers, especially during challenging times.
Daniela Hernandez, the State Legislative Coordinator for the Workers Defense Project, an organization supporting immigrant construction workers in Texas and backing local break ordinances, argued that this law “erodes a local government’s ability to protect its own community.”
Highlighting the necessity of water breaks, Ms. Hernandez pointed to the ongoing heatwave in the state. “Conditions are only going to worsen,” she cautioned, referring to the triple-digit temperatures prevalent in Austin and other parts of Texas. She added, “The heat doesn’t abate in September. Sometimes we find ourselves wearing shorts even in December.”
The Dallas ordinance was enacted following the tragic death of 25-year-old worker Roendy Granillo, who succumbed to heat stroke while installing hardwood floors in a house lacking air conditioning. He had requested a break but was denied and continued working until he collapsed.
The medical examiner’s office attributed his demise to heat stroke, with his sister, Jasmine Granillo, recounting, “They told my parents his organs were cooked from the inside.”
Despite the ordinance being in place for several years, some employers in the Dallas construction industry remain unaware of the break requirements. John Foster and Donny Zanger, owners of Dallas General Contractor, admitted to not knowing about the necessity of providing a 10-minute break for every four hours of work. Nonetheless, they asserted that they did not require government intervention to comprehend that their employees required water.
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“It’s common sense,” Mr. Foster stated emphatically. “I cannot fathom any home builder who needs or uses that ordinance. I am unaware of any builder who overworks their employees to the point where they say, ‘Alright, take a 10-minute water break.’ Water is readily available to them throughout the day. It’s not a genuine concern.”
United States Representative Greg Casar, who championed water break ordinances as a 21-year-old labor organizer in Austin back in 2010, intends to launch an initiative at the federal level that would mandate water breaks nationwide. He plans to push for either national legislation or new administrative rules from the Biden administration.
“We will strive relentlessly every day,” he vowed.
Through unwavering determination and advocacy, Casar aims to ensure that the essential right to water breaks becomes a nationally recognized standard, safeguarding the well-being of workers across the United States.
