Texas 2025 - 89th Regular

Texas House Bill HB3982 Compare Versions

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1	1	89R12004 KKR-F
2	2	By: Walle H.B. No. 3982
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring certain employers to provide heat safety
10	10	training and protections to employees; providing an administrative
11	11	penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act shall be known as the Worker Heat
14	14	Illness, Injury, and Death Prevention Act.
15	15	SECTION 2. The legislature finds that:
16	16	(1) heat is the number one weather-related cause of
17	17	death in the country, and in recent years the number of Texans who
18	18	died due to heat-related illness has continued to grow, exceeding
19	19	500 deaths for which heat was the primary or a contributing cause of
20	20	death in 2023 alone;
21	21	(2) exposure to heat is a clear occupational hazard
22	22	for workers across many industries and can result in serious
23	23	illness, injury, or death when appropriate preventative measures
24	24	are not taken; and
25	25	(3) public agencies, medical facilities, and
26	26	industries in this state do not have a systematic method for
27	27	collecting accurate data on heat-related illnesses, injuries, and
28	28	deaths experienced by Texans, leading to inaccurate records in
29	29	which incidences of these illnesses, injuries, and deaths are
30	30	underreported or misattributed to other causes.
31	31	SECTION 3. The purpose of this Act is to provide consistent
32	32	statewide regulation to protect workers from the long-standing and
33	33	rapidly worsening threat of heat-related hazards in the workplace
34	34	that result in the illness, injury, or death of hundreds of Texas
35	35	workers each year.
36	36	SECTION 4. Subtitle B, Title 2, Labor Code, is amended by
37	37	adding Chapter 53 to read as follows:
38	38	CHAPTER 53. WORKPLACE HEAT SAFETY PROTECTIONS
39	39	Sec. 53.001. DEFINITIONS. In this chapter:
40	40	(1) "Acclimatization" means the gradual process an
41	41	individual undergoes to adapt to higher levels of heat stress.
42	42	(2) "Commission" means the Texas Workforce
43	43	Commission.
44	44	(3) "Employee," "employer," and "employment" have the
45	45	meanings assigned by Section 61.001.
46	46	(4) "Extreme heat" means a temperature with a heat
47	47	index at or above 80 degrees Fahrenheit.
48	48	(5) "Heat index" means a measure of how hot it feels
49	49	when relative humidity is combined with air temperature in the
50	50	location the individual is present.
51	51	(6) "Heat stress" means the net heat load to which an
52	52	individual is exposed at a given time, including exposure through:
53	53	(A) environmental factors such as ambient
54	54	temperatures and sun exposure;
55	55	(B) radiant heat sources, including equipment,
56	56	clothing, and materials; and
57	57	(C) physical exertion.
58	58	(7) "Heat-related illness" means any disorder or
59	59	negative health effect caused or directly exacerbated by an
60	60	individual's overexposure to heat and high levels of heat stress,
61	61	including heatstroke, heat exhaustion or fatigue, heat cramps, heat
62	62	rash, and heat syncope, fainting, and dehydration.
63	63	(8) "Rest break" means a paid break from work during
64	64	paid work hours. The term does not include a regular meal break an
65	65	employer provides to an employee.
66	66	(9) "Shade" means blockage of or protection from
67	67	direct sunlight offered by a structure or screen.
68	68	(10) "Shaded area" means a space with shade in which an
69	69	individual or group of individuals occupying the space may
70	70	comfortably sit or stand while being shielded from direct sunlight.
71	71	(11) "Supervisor" means an employee whose
72	72	responsibility is to oversee or direct the work activities of other
73	73	employees on behalf of an employer.
74	74	(12) "Work area" means the immediate space within a
75	75	worksite in which an employee performs work activities.
76	76	(13) "Worksite" means a building, structure, outdoor
77	77	property, or vehicle in or on which an employee performs work
78	78	activities.
79	79	Sec. 53.002. APPLICABILITY. (a) This chapter applies to
80	80	employers whose employees perform work activities during a period
81	81	of time that the heat index at the employees' worksite is at or
82	82	above 80 degrees Fahrenheit, regardless of the location of the
83	83	worksite or type of employment.
84	84	(b) This chapter does not apply to an employer whose
85	85	employees engage in emergency operations activities, including
86	86	disaster response or restoration of essential services, during the
87	87	period of time the employees are engaged in those activities.
88	88	Sec. 53.003. REQUIRED EMPLOYER HEAT SAFETY TRAINING. (a)
89	89	An employer shall provide heat safety training to all of the
90	90	employer's employees, including supervisors.
91	91	(b) The training, including any related written materials,
92	92	must be provided to each employee in a language and manner that the
93	93	employee understands.
94	94	(c) The training may be provided through an individual
95	95	course or a program of courses aimed at improving the ability of
96	96	employees and employers to identify and mitigate hazards that
97	97	contribute to heat-related illnesses, injuries, and deaths,
98	98	including:
99	99	(1) recognizing the signs and symptoms of a
100	100	heat-related illness; and
101	101	(2) taking basic preventative measures to decrease the
102	102	risk of heat stress and heat-related illness, injury, or death.
103	103	(d) The training course or program may include instruction
104	104	in cardiopulmonary resuscitation.
105	105	(e) The training required by Subsection (a) must cover:
106	106	(1) work and environmental conditions that cause or
107	107	affect heat-related illnesses;
108	108	(2) personal risk factors that cause or affect
109	109	heat-related illnesses;
110	110	(3) the concept and importance of, and methods for,
111	111	acclimatization;
112	112	(4) the importance of frequent consumption of drinking
113	113	water and rest breaks in preventing heat-related illnesses;
114	114	(5) the different types of heat-related illnesses,
115	115	signs and symptoms of heat-related illnesses, and the appropriate
116	116	first aid and emergency response measures;
117	117	(6) the importance of and procedures for reporting to
118	118	the employer an employee's signs and symptoms of a heat-related
119	119	illness;
120	120	(7) the employer's personnel procedures, including the
121	121	employer's emergency response plan under Section 53.009 and the
122	122	requirements for complying with this chapter;
123	123	(8) basic first aid training; and
124	124	(9) methods and procedures for checking and verifying
125	125	the heat index at a worksite.
126	126	(f) An employer shall provide the training required by
127	127	Subsection (a) to:
128	128	(1) each new employee before the employee is first
129	129	exposed to heat in the performance of the employee's work
130	130	activities during a period of extreme heat; and
131	131	(2) all employees annually and immediately following
132	132	any incidence of a heat-related illness, injury, or death at a
133	133	worksite.
134	134	(g) An employer shall provide employees an opportunity to
135	135	ask questions, provide feedback, and request additional
136	136	instruction or clarification with respect to the training.
137	137	(h) An employer shall maintain records of each employee's
138	138	most recent completion of the training for the duration of the
139	139	employee's employment that includes:
140	140	(1) the employee's name;
141	141	(2) the name of the person who conducted the training;
142	142	(3) the date or dates the training was conducted; and
143	143	(4) a summary of the topics covered in the training.
144	144	(i) An employer shall, annually and immediately following
145	145	any incidence of heat-related illness, injury, or death at a
146	146	worksite, evaluate and if necessary make appropriate changes to the
147	147	training required by Subsection (a) and maintain a record of those
148	148	changes. On request, the employer shall make the records available
149	149	for examination and copying at no cost to:
150	150	(1) an employee;
151	151	(2) an employee's authorized representative,
152	152	including a collective bargaining representative; or
153	153	(3) the commission.
154	154	Sec. 53.004. NOTICE TO EMPLOYEES. An employer shall
155	155	display in a conspicuous place, accessible to employees at the
156	156	employees' worksite, a notice that describes the requirements of
157	157	this chapter. The notice must be provided in a language the
158	158	employees are able to understand.
159	159	Sec. 53.005. REST BREAKS. (a) An employer shall provide
160	160	paid rest breaks to the employer's employees.
161	161	(b) If an employee is exposed to a heat index at or above 80
162	162	but below 91 degrees Fahrenheit, the employee's rest break must
163	163	last at least 15 minutes for every four hours the employee works.
164	164	(c) If an employee is exposed to a heat index at or above 91
165	165	but below 103 degrees Fahrenheit, the employee's rest break must
166	166	last at least 15 minutes for every two hours the employee works.
167	167	(d) If an employee is exposed to a heat index at or above 103
168	168	degrees Fahrenheit, the employee's rest break must last at least 20
169	169	minutes for every hour the employee works.
170	170	(e) An employer may not require that an employee's rest
171	171	break be taken as part of an employee's separate meal break.
172	172	Sec. 53.006. SHADE. (a) An employer shall establish and
173	173	maintain at least one indoor or outdoor shaded area that is easily
174	174	accessible to employees and is:
175	175	(1) as close to an employee's work area as practicable;
176	176	(2) open and exposed to air or has mechanical
177	177	ventilation for cooling;
178	178	(3) of a sufficient size:
179	179	(A) for the number of employees using the area to
180	180	be able to sit or stand comfortably; and
181	181	(B) to accommodate the removal and storage of
182	182	employees' personal protective equipment; and
183	183	(4) available to employees throughout the duration of
184	184	the workday for use during rest breaks and when an employee is
185	185	experiencing symptoms of a heat-related illness.
186	186	(b) A tree may be used as a source of shade only if the
187	187	thickness and shape of the tree provides sufficient shade and
188	188	accommodates the number of employees needing shade.
189	189	(c) If an employer is unable to safely provide access to
190	190	shade due to the nature of the worksite, the employer must provide
191	191	alternative methods employees may use for cooling, such as
192	192	water-cooled garments, cooling vests, misting machines, or
193	193	battery-operated portable cooling devices or equipment.
194	194	Sec. 53.007. DRINKING WATER. (a) An employer shall ensure
195	195	that a sufficient supply of drinking water is immediately and
196	196	readily available at no cost to employees at all times during the
197	197	workday. Drinking water must be located in close proximity to
198	198	employees, and the employer shall provide employees ample
199	199	opportunities to drink the water.
200	200	(b) The drinking water supplied by the employer must be:
201	201	(1) safe potable water that is suitable to drink;
202	202	(2) stored in a clean closed container with a tap or
203	203	provided in a bottle with a sealable cap; and
204	204	(3) maintained at a cool or cold temperature that is at
205	205	or below 77 degrees Fahrenheit.
206	206	(c) For purposes of this section, a sufficient supply of
207	207	drinking water is an amount that enables each of the employer's
208	208	employees to consume 32 ounces of water for each hour the employee
209	209	works.
210	210	Sec. 53.008. HEAT ACCLIMATIZATION. (a) An employer shall
211	211	create and implement a plan for acclimatizing and maintaining the
212	212	acclimatization of:
213	213	(1) new employees;
214	214	(2) employees who worked in extreme heat at least once
215	215	during the previous month; and
216	216	(3) employees who are returning to a worksite and will
217	217	be exposed to extreme heat.
218	218	(b) The plan must provide to a new employee an
219	219	acclimatization period of at least seven days in which the
220	220	employee's exposure to extreme heat:
221	221	(1) is limited to 20 percent of the employee's first
222	222	day; and
223	223	(2) is increased each additional work day by not more
224	224	than 20 percent of the usual duration of the employee's work.
225	225	(c) The plan must provide to an employee described by
226	226	Subsection (a)(2) or (3) a three-day acclimatization period during
227	227	which the employee's exposure to extreme heat is limited to:
228	228	(1) 50 percent of the usual duration of the employee's
229	229	work on the first day;
230	230	(2) 60 percent of the usual duration of the employee's
231	231	work on the second day; and
232	232	(3) 80 percent of the usual duration of the employee's
233	233	work on the third day.
234	234	(d) The plan must ensure that each employee is closely
235	235	supervised during the first 14 days the employee is exposed to
236	236	extreme heat at the worksite by:
237	237	(1) pairing employees as safety partners for the
238	238	duration of the workday to monitor each other for signs of
239	239	heat-related illness; and
240	240	(2) prohibiting the employee from performing work
241	241	activities alone during extreme heat.
242	242	(e) The plan must take into consideration the needs of an
243	243	employee who the employer knows has an underlying health condition
244	244	that may be exacerbated by extreme heat.
245	245	Sec. 53.009. EMERGENCY RESPONSE PLAN. An employer shall
246	246	develop and implement an emergency response plan for instances when
247	247	an employee exhibits or reports signs of a heat-related illness.
248	248	The plan must include procedures that require:
249	249	(1) supervisors to periodically check and verify the
250	250	heat index at the worksite using information from the National
251	251	Weather Service or a similar professional weather service;
252	252	(2) the designation of a supervisor or employee
253	253	responsible for calling emergency services if an employee reports
254	254	or begins exhibiting any signs of a heat-related illness;
255	255	(3) all employees to be given notice that employees
256	256	may call emergency services if the designated supervisor or
257	257	employee under Subdivision (2) is not immediately available;
258	258	(4) employees to be paired as safety partners to
259	259	periodically monitor and observe each other to identify when a
260	260	partner is showing signs of a heat-related illness;
261	261	(5) employees to notify a supervisor when an employee
262	262	shows signs of a heat-related illness and supervisors to document
263	263	the employee's symptoms and the heat index at the time the symptoms
264	264	were reported; and
265	265	(6) supervisors to communicate to employees clear and
266	266	accurate information on preventing and responding to heat-related
267	267	illnesses during periods of extreme heat at the worksite.
268	268	Sec. 53.010. RETALIATION. An employer may not take
269	269	retaliatory personnel action or otherwise discriminate against an
270	270	employee because the employee:
271	271	(1) requests or takes a paid rest break or a water
272	272	break under Section 53.005 or 53.007;
273	273	(2) requests or accesses a shaded area under Section
274	274	53.006 or a sufficient supply of drinking water under Section
275	275	53.007;
276	276	(3) requests the applicable heat acclimatization
277	277	period under Section 53.008;
278	278	(4) experiences heat-related illness or injury in the
279	279	workplace;
280	280	(5) reports to the employer concerns about or an
281	281	instance of any employee's heat-related illness or injury;
282	282	(6) seeks assistance from or intervention by the
283	283	employer, local emergency services, or the state or federal
284	284	government in connection with any employee's heat-related illness
285	285	or injury or the employer's violation of this chapter;
286	286	(7) refuses to work based on the employee's reasonable
287	287	belief that the employer violated the requirements of this chapter
288	288	to prevent heat-related illness, injury, or death; or
289	289	(8) files a complaint with the commission alleging the
290	290	employer's violation of this chapter.
291	291	Sec. 53.011. COMPLAINT; HEARING; PENALTY. (a) Any
292	292	employee aggrieved by a violation of this chapter may file a
293	293	complaint with the commission in the manner prescribed by
294	294	Subchapter D, Chapter 61.
295	295	(b) On receipt of a complaint, the commission shall
296	296	investigate and dispose of the complaint in the same manner as a
297	297	wage claim under Subchapter D, Chapter 61.
298	298	(c) An employer who is found by the commission, by a
299	299	preponderance of the evidence, to have violated Section 53.005,
300	300	53.006, 53.007, or 53.008 is liable to the commission for an
301	301	administrative penalty for each violation.
302	302	(d) If the commission finds that an employer violated
303	303	Section 53.010, the commission shall award the employee all
304	304	appropriate relief, including rehiring or reinstatement to the
305	305	employee's previous job, payment of back wages, and reestablishment
306	306	of employee benefits for which the employee otherwise would have
307	307	been eligible if the employee had not been subject to a retaliatory
308	308	personnel action or other discrimination.
309	309	Sec. 53.012. COMMISSION INFORMATION AND OUTREACH. The
310	310	commission shall make available to the public on the commission's
311	311	Internet website:
312	312	(1) information regarding the requirements of and
313	313	rights and remedies under this chapter;
314	314	(2) guidance for employees and employers on best
315	315	practices for reducing heat-related illness, injury, and death; and
316	316	(3) guidance for employers on the requirements of this
317	317	chapter to provide employees with heat safety training.
318	318	SECTION 5. Not later than September 1, 2026, the
319	319	commissioner of workers' compensation shall adopt rules necessary
320	320	to implement Chapter 53, Labor Code, as added by this Act.
321	321	SECTION 6. An employer is not required to comply with
322	322	Chapter 53, Labor Code, as added by this Act, before September 1,
323	323	2026.
324	324	SECTION 7. The change in law made by this Act applies only
325	325	to a violation of Chapter 53, Labor Code, as added by this Act, that
326	326	occurs on or after September 1, 2026.
327	327	SECTION 8. This Act takes effect September 1, 2025.