Texas 2023 - 88th 4th C.S.

Texas House Bill HB88 Compare Versions

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1	1	By: Flores H.B. No. 88
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to workplace heat illness prevention, including the
7	7	creation of a heat illness prevention advisory board; imposing
8	8	administrative penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
11	11	adding Chapter 53 to read as follows:
12	12	CHAPTER 53. WORKPLACE HEAT SAFETY
13	13	Sec. 53.001. DEFINITIONS. In this chapter:
14	14	(1) "Advisory board" means the heat illness prevention
15	15	advisory board established under Section 53.003.
16	16	(2) "Commission" means the Texas Workforce
17	17	Commission.
18	18	(3) "Employer" means a person who employs one or more
19	19	employees.
20	20	(4) "Heat illness" means a serious medical condition
21	21	resulting from the body's inability to cope with a particular heat
22	22	load and includes heat cramps, heat exhaustion, heat syncope, and
23	23	heat stroke.
24	24	(5) "Heat safety expert" means an individual who:
25	25	(A) holds a certification or educational degree
26	26	in environmental science, human physiology, medicine, occupational
27	27	safety, public health, or a related field; and
28	28	(B) performs work focused on heat safety in the
29	29	workplace.
30	30	Sec. 53.002. APPLICABILITY. This chapter applies to all
31	31	employers in this state, regardless of the location of employment,
32	32	type of employment, or size or type of employer.
33	33	Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD. (a) A
34	34	heat illness prevention advisory board is established to assist the
35	35	commission in adopting heat illness prevention standards under this
36	36	chapter.
37	37	(b) The advisory board consists of the following members
38	38	appointed by the commission:
39	39	(1) two members who are heat safety experts;
40	40	(2) two members who are employed as construction
41	41	workers;
42	42	(3) one member who is an employer;
43	43	(4) one member who is a representative of a nonprofit
44	44	organization engaged in worker safety issues; and
45	45	(5) one member who is a representative of construction
46	46	worker labor unions.
47	47	(c) The advisory board shall develop and recommend to the
48	48	commission heat illness prevention standards, consistent with this
49	49	chapter, that are designed to protect employees from heat illness
50	50	in indoor and outdoor worksites.
51	51	Sec. 53.004. HEAT ILLNESS PREVENTION STANDARDS. (a) The
52	52	commission by rule shall adopt heat illness prevention standards.
53	53	In adopting the standards, the commission shall give full
54	54	consideration to the recommendations the advisory board makes under
55	55	Section 53.003(c).
56	56	(b) The heat illness prevention standards must:
57	57	(1) be consistent with the standards and
58	58	recommendations relating to heat and workforce safety contained in
59	59	the Criteria for a Recommended Standard: Occupational Exposure to
60	60	Heat and Hot Environments published by the National Institute for
61	61	Occupational Safety and Health, as those standards and
62	62	recommendations existed on October 1, 2023; and
63	63	(2) include:
64	64	(A) requirements for providing:
65	65	(i) drinking water;
66	66	(ii) access to nearby shade or
67	67	climate-controlled environments, restrooms, and handwashing
68	68	stations; and
69	69	(iii) rest periods;
70	70	(B) standards for effective emergency response
71	71	procedures;
72	72	(C) standards for heat acclimatization;
73	73	(D) training on heat and workforce safety for
74	74	employees and supervisors; and
75	75	(E) other related standards for protecting
76	76	workers from heat illness.
77	77	Sec. 53.005. NOTICE TO EMPLOYEES. (a) Each employer shall
78	78	post in a conspicuous place accessible to employees the notice the
79	79	commission prescribes under Subsection (b) at:
80	80	(1) the employer's place of business; and
81	81	(2) if applicable, the worksite at which employees
82	82	perform job duties for the employer.
83	83	(b) The commission shall prescribe the form and content of
84	84	the employer notice required by Subsection (a) and make the notice
85	85	available on the commission's Internet website. The notice must:
86	86	(1) be in English, Spanish, Vietnamese, and any other
87	87	language the commission determines appropriate; and
88	88	(2) outline:
89	89	(A) the heat illness prevention standards the
90	90	commission adopts under this chapter; and
91	91	(B) employees' rights under this chapter.
92	92	Sec. 53.006. EMPLOYEE TRAINING REQUIRED. Each employer
93	93	shall provide training to the employer's employees about the
94	94	commission's heat illness prevention standards as the standards
95	95	relate to employees, supervisors, and employers. The training,
96	96	including any related written materials, must be provided to each
97	97	employee in a language that the employee understands.
98	98	Sec. 53.007. UNLAWFUL EMPLOYMENT PRACTICE. An employer
99	99	commits an unlawful employment practice under this chapter if the
100	100	employer retaliates or discriminates against an employee who:
101	101	(1) experiences heat illness in the workplace;
102	102	(2) reports to the employer an instance of heat
103	103	illness or a violation of this chapter or other applicable
104	104	standards;
105	105	(3) files a complaint with the commission related to a
106	106	violation of this chapter or rules adopted under this chapter;
107	107	(4) files an action related to a violation of this
108	108	chapter or rules adopted under this chapter; or
109	109	(5) testifies, assists, or participates in any manner
110	110	in an investigation, proceeding, or hearing under this chapter.
111	111	Sec. 53.008. ADMINISTRATIVE PENALTY. The commission shall
112	112	assess an administrative penalty in an amount that is at least
113	113	$1,000 against an employer for each violation of this chapter or a
114	114	rule adopted under this chapter. Each day a violation continues or
115	115	occurs is a separate violation for purposes of imposing a penalty.
116	116	Sec. 53.009. CIVIL LIABILITY. (a) In addition to any
117	117	administrative penalty assessed under this chapter, an employer is
118	118	liable in a civil action for personal injury, death, or other
119	119	damages caused by the employer's failure to comply with the heat
120	120	illness prevention standards the commission adopts. An employee is
121	121	not required to exhaust any applicable administrative remedies
122	122	before filing an action under this section.
123	123	(b) An employee who prevails in an action against an
124	124	employer under this section is entitled to recover from the
125	125	employer court costs and reasonable attorney's fees.
126	126	(c) A court that finds that an employer knowingly violated
127	127	the heat illness prevention standards adopted under this chapter
128	128	shall award exemplary damages in an amount equal to three times the
129	129	amount of compensatory damages awarded to the employee.
130	130	SECTION 2. (a) As soon as practicable after the effective
131	131	date of this Act, but not later than March 1, 2024, the Texas
132	132	Workforce Commission shall appoint the advisory board members to
133	133	the heat illness prevention advisory board established under
134	134	Section 53.003, Labor Code, as added by this Act.
135	135	(b) Not later than May 1, 2024, the heat illness prevention
136	136	advisory board shall submit to the Texas Workforce Commission the
137	137	recommended workplace heat illness prevention standards the board
138	138	develops under Section 53.003(c), Labor Code, as added by this Act.
139	139	(c) Not later than June 1, 2024, the Texas Workforce
140	140	Commission shall:
141	141	(1) adopt heat illness prevention standards as
142	142	required by Section 53.004, Labor Code, as added by this Act; and
143	143	(2) prescribe the employer notice required by Section
144	144	53.005, Labor Code, as added by this Act.
145	145	SECTION 3. An employer is not required to comply with
146	146	Chapter 53, Labor Code, as added by this Act, before June 1, 2024.
147	147	SECTION 4. (a) The change in law made by this Act applies
148	148	only to an unlawful employment practice that occurs on or after June
149	149	1, 2024.
150	150	(b) The change in law made by this Act applies only to a
151	151	cause of action that accrues on or after June 1, 2024.
152	152	SECTION 5. This Act takes effect on the 91st day after the
153	153	last day of the legislative session.