89R12004 KKR-F
By: Walle H.B. No. 3982
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain employers to provide heat safety
training and protections to employees; providing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Worker Heat
Illness, Injury, and Death Prevention Act.
SECTION 2. The legislature finds that:
(1) heat is the number one weather-related cause of
death in the country, and in recent years the number of Texans who
died due to heat-related illness has continued to grow, exceeding
500 deaths for which heat was the primary or a contributing cause of
death in 2023 alone;
(2) exposure to heat is a clear occupational hazard
for workers across many industries and can result in serious
illness, injury, or death when appropriate preventative measures
are not taken; and
(3) public agencies, medical facilities, and
industries in this state do not have a systematic method for
collecting accurate data on heat-related illnesses, injuries, and
deaths experienced by Texans, leading to inaccurate records in
which incidences of these illnesses, injuries, and deaths are
underreported or misattributed to other causes.
SECTION 3. The purpose of this Act is to provide consistent
statewide regulation to protect workers from the long-standing and
rapidly worsening threat of heat-related hazards in the workplace
that result in the illness, injury, or death of hundreds of Texas
workers each year.
SECTION 4. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. WORKPLACE HEAT SAFETY PROTECTIONS
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Acclimatization" means the gradual process an
individual undergoes to adapt to higher levels of heat stress.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Employee," "employer," and "employment" have the
meanings assigned by Section 61.001.
(4) "Extreme heat" means a temperature with a heat
index at or above 80 degrees Fahrenheit.
(5) "Heat index" means a measure of how hot it feels
when relative humidity is combined with air temperature in the
location the individual is present.
(6) "Heat stress" means the net heat load to which an
individual is exposed at a given time, including exposure through:
(A) environmental factors such as ambient
temperatures and sun exposure;
(B) radiant heat sources, including equipment,
clothing, and materials; and
(C) physical exertion.
(7) "Heat-related illness" means any disorder or
negative health effect caused or directly exacerbated by an
individual's overexposure to heat and high levels of heat stress,
including heatstroke, heat exhaustion or fatigue, heat cramps, heat
rash, and heat syncope, fainting, and dehydration.
(8) "Rest break" means a paid break from work during
paid work hours. The term does not include a regular meal break an
employer provides to an employee.
(9) "Shade" means blockage of or protection from
direct sunlight offered by a structure or screen.
(10) "Shaded area" means a space with shade in which an
individual or group of individuals occupying the space may
comfortably sit or stand while being shielded from direct sunlight.
(11) "Supervisor" means an employee whose
responsibility is to oversee or direct the work activities of other
employees on behalf of an employer.
(12) "Work area" means the immediate space within a
worksite in which an employee performs work activities.
(13) "Worksite" means a building, structure, outdoor
property, or vehicle in or on which an employee performs work
activities.
Sec. 53.002. APPLICABILITY. (a) This chapter applies to
employers whose employees perform work activities during a period
of time that the heat index at the employees' worksite is at or
above 80 degrees Fahrenheit, regardless of the location of the
worksite or type of employment.
(b) This chapter does not apply to an employer whose
employees engage in emergency operations activities, including
disaster response or restoration of essential services, during the
period of time the employees are engaged in those activities.
Sec. 53.003. REQUIRED EMPLOYER HEAT SAFETY TRAINING. (a)
An employer shall provide heat safety training to all of the
employer's employees, including supervisors.
(b) The training, including any related written materials,
must be provided to each employee in a language and manner that the
employee understands.
(c) The training may be provided through an individual
course or a program of courses aimed at improving the ability of
employees and employers to identify and mitigate hazards that
contribute to heat-related illnesses, injuries, and deaths,
including:
(1) recognizing the signs and symptoms of a
heat-related illness; and
(2) taking basic preventative measures to decrease the
risk of heat stress and heat-related illness, injury, or death.
(d) The training course or program may include instruction
in cardiopulmonary resuscitation.
(e) The training required by Subsection (a) must cover:
(1) work and environmental conditions that cause or
affect heat-related illnesses;
(2) personal risk factors that cause or affect
heat-related illnesses;
(3) the concept and importance of, and methods for,
acclimatization;
(4) the importance of frequent consumption of drinking
water and rest breaks in preventing heat-related illnesses;
(5) the different types of heat-related illnesses,
signs and symptoms of heat-related illnesses, and the appropriate
first aid and emergency response measures;
(6) the importance of and procedures for reporting to
the employer an employee's signs and symptoms of a heat-related
illness;
(7) the employer's personnel procedures, including the
employer's emergency response plan under Section 53.009 and the
requirements for complying with this chapter;
(8) basic first aid training; and
(9) methods and procedures for checking and verifying
the heat index at a worksite.
(f) An employer shall provide the training required by
Subsection (a) to:
(1) each new employee before the employee is first
exposed to heat in the performance of the employee's work
activities during a period of extreme heat; and
(2) all employees annually and immediately following
any incidence of a heat-related illness, injury, or death at a
worksite.
(g) An employer shall provide employees an opportunity to
ask questions, provide feedback, and request additional
instruction or clarification with respect to the training.
(h) An employer shall maintain records of each employee's
most recent completion of the training for the duration of the
employee's employment that includes:
(1) the employee's name;
(2) the name of the person who conducted the training;
(3) the date or dates the training was conducted; and
(4) a summary of the topics covered in the training.
(i) An employer shall, annually and immediately following
any incidence of heat-related illness, injury, or death at a
worksite, evaluate and if necessary make appropriate changes to the
training required by Subsection (a) and maintain a record of those
changes. On request, the employer shall make the records available
for examination and copying at no cost to:
(1) an employee;
(2) an employee's authorized representative,
including a collective bargaining representative; or
(3) the commission.
Sec. 53.004. NOTICE TO EMPLOYEES. An employer shall
display in a conspicuous place, accessible to employees at the
employees' worksite, a notice that describes the requirements of
this chapter. The notice must be provided in a language the
employees are able to understand.
Sec. 53.005. REST BREAKS. (a) An employer shall provide
paid rest breaks to the employer's employees.
(b) If an employee is exposed to a heat index at or above 80
but below 91 degrees Fahrenheit, the employee's rest break must
last at least 15 minutes for every four hours the employee works.
(c) If an employee is exposed to a heat index at or above 91
but below 103 degrees Fahrenheit, the employee's rest break must
last at least 15 minutes for every two hours the employee works.
(d) If an employee is exposed to a heat index at or above 103
degrees Fahrenheit, the employee's rest break must last at least 20
minutes for every hour the employee works.
(e) An employer may not require that an employee's rest
break be taken as part of an employee's separate meal break.
Sec. 53.006. SHADE. (a) An employer shall establish and
maintain at least one indoor or outdoor shaded area that is easily
accessible to employees and is:
(1) as close to an employee's work area as practicable;
(2) open and exposed to air or has mechanical
ventilation for cooling;
(3) of a sufficient size:
(A) for the number of employees using the area to
be able to sit or stand comfortably; and
(B) to accommodate the removal and storage of
employees' personal protective equipment; and
(4) available to employees throughout the duration of
the workday for use during rest breaks and when an employee is
experiencing symptoms of a heat-related illness.
(b) A tree may be used as a source of shade only if the
thickness and shape of the tree provides sufficient shade and
accommodates the number of employees needing shade.
(c) If an employer is unable to safely provide access to
shade due to the nature of the worksite, the employer must provide
alternative methods employees may use for cooling, such as
water-cooled garments, cooling vests, misting machines, or
battery-operated portable cooling devices or equipment.
Sec. 53.007. DRINKING WATER. (a) An employer shall ensure
that a sufficient supply of drinking water is immediately and
readily available at no cost to employees at all times during the
workday. Drinking water must be located in close proximity to
employees, and the employer shall provide employees ample
opportunities to drink the water.
(b) The drinking water supplied by the employer must be:
(1) safe potable water that is suitable to drink;
(2) stored in a clean closed container with a tap or
provided in a bottle with a sealable cap; and
(3) maintained at a cool or cold temperature that is at
or below 77 degrees Fahrenheit.
(c) For purposes of this section, a sufficient supply of
drinking water is an amount that enables each of the employer's
employees to consume 32 ounces of water for each hour the employee
works.
Sec. 53.008. HEAT ACCLIMATIZATION. (a) An employer shall
create and implement a plan for acclimatizing and maintaining the
acclimatization of:
(1) new employees;
(2) employees who worked in extreme heat at least once
during the previous month; and
(3) employees who are returning to a worksite and will
be exposed to extreme heat.
(b) The plan must provide to a new employee an
acclimatization period of at least seven days in which the
employee's exposure to extreme heat:
(1) is limited to 20 percent of the employee's first
day; and
(2) is increased each additional work day by not more
than 20 percent of the usual duration of the employee's work.
(c) The plan must provide to an employee described by
Subsection (a)(2) or (3) a three-day acclimatization period during
which the employee's exposure to extreme heat is limited to:
(1) 50 percent of the usual duration of the employee's
work on the first day;
(2) 60 percent of the usual duration of the employee's
work on the second day; and
(3) 80 percent of the usual duration of the employee's
work on the third day.
(d) The plan must ensure that each employee is closely
supervised during the first 14 days the employee is exposed to
extreme heat at the worksite by:
(1) pairing employees as safety partners for the
duration of the workday to monitor each other for signs of
heat-related illness; and
(2) prohibiting the employee from performing work
activities alone during extreme heat.
(e) The plan must take into consideration the needs of an
employee who the employer knows has an underlying health condition
that may be exacerbated by extreme heat.
Sec. 53.009. EMERGENCY RESPONSE PLAN. An employer shall
develop and implement an emergency response plan for instances when
an employee exhibits or reports signs of a heat-related illness.
The plan must include procedures that require:
(1) supervisors to periodically check and verify the
heat index at the worksite using information from the National
Weather Service or a similar professional weather service;
(2) the designation of a supervisor or employee
responsible for calling emergency services if an employee reports
or begins exhibiting any signs of a heat-related illness;
(3) all employees to be given notice that employees
may call emergency services if the designated supervisor or
employee under Subdivision (2) is not immediately available;
(4) employees to be paired as safety partners to
periodically monitor and observe each other to identify when a
partner is showing signs of a heat-related illness;
(5) employees to notify a supervisor when an employee
shows signs of a heat-related illness and supervisors to document
the employee's symptoms and the heat index at the time the symptoms
were reported; and
(6) supervisors to communicate to employees clear and
accurate information on preventing and responding to heat-related
illnesses during periods of extreme heat at the worksite.
Sec. 53.010. RETALIATION. An employer may not take
retaliatory personnel action or otherwise discriminate against an
employee because the employee:
(1) requests or takes a paid rest break or a water
break under Section 53.005 or 53.007;
(2) requests or accesses a shaded area under Section
53.006 or a sufficient supply of drinking water under Section
53.007;
(3) requests the applicable heat acclimatization
period under Section 53.008;
(4) experiences heat-related illness or injury in the
workplace;
(5) reports to the employer concerns about or an
instance of any employee's heat-related illness or injury;
(6) seeks assistance from or intervention by the
employer, local emergency services, or the state or federal
government in connection with any employee's heat-related illness
or injury or the employer's violation of this chapter;
(7) refuses to work based on the employee's reasonable
belief that the employer violated the requirements of this chapter
to prevent heat-related illness, injury, or death; or
(8) files a complaint with the commission alleging the
employer's violation of this chapter.
Sec. 53.011. COMPLAINT; HEARING; PENALTY. (a) Any
employee aggrieved by a violation of this chapter may file a
complaint with the commission in the manner prescribed by
Subchapter D, Chapter 61.
(b) On receipt of a complaint, the commission shall
investigate and dispose of the complaint in the same manner as a
wage claim under Subchapter D, Chapter 61.
(c) An employer who is found by the commission, by a
preponderance of the evidence, to have violated Section 53.005,
53.006, 53.007, or 53.008 is liable to the commission for an
administrative penalty for each violation.
(d) If the commission finds that an employer violated
Section 53.010, the commission shall award the employee all
appropriate relief, including rehiring or reinstatement to the
employee's previous job, payment of back wages, and reestablishment
of employee benefits for which the employee otherwise would have
been eligible if the employee had not been subject to a retaliatory
personnel action or other discrimination.
Sec. 53.012. COMMISSION INFORMATION AND OUTREACH. The
commission shall make available to the public on the commission's
Internet website:
(1) information regarding the requirements of and
rights and remedies under this chapter;
(2) guidance for employees and employers on best
practices for reducing heat-related illness, injury, and death; and
(3) guidance for employers on the requirements of this
chapter to provide employees with heat safety training.
SECTION 5. Not later than September 1, 2026, the
commissioner of workers' compensation shall adopt rules necessary
to implement Chapter 53, Labor Code, as added by this Act.
SECTION 6. An employer is not required to comply with
Chapter 53, Labor Code, as added by this Act, before September 1,
2026.
SECTION 7. The change in law made by this Act applies only
to a violation of Chapter 53, Labor Code, as added by this Act, that
occurs on or after September 1, 2026.
SECTION 8. This Act takes effect September 1, 2025.