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Construction companies decide if it’s too hot to work

Some states mandate relief from heat, most don’t

(Photo Illustration by The Real Deal with Getty)
(Photo Illustration by The Real Deal with Getty)

As triple-digit temperatures become common in many markets, construction workers must face the heat, unless their employer says otherwise.

In most states, construction companies, not the government, decide when it’s too hot to work, the Wall Street Journal reported. Workers and their advocates are starting to call for greater protections, but their bosses say they already provide enough breaks.

A few states in recent years have enacted regulations that mandate periodic relief from the heat, yet most don’t, leaving construction workers with little discretion on taking breaks.

Four states — California, Washington, Oregon and Colorado — have regulations to safeguard workers during hot weather. The regulations require employers to furnish shade, regular breaks and free access to water.

Texas has gone the other direction. Gov. Greg Abbott signed a bill in June that prohibits cities and counties from surpassing the worker protections already permitted by state law, no matter how hot it gets.

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The federal government can trump states, but its actions have been limited.

Following a severe 2021 heat wave in the Northwest, President Joe Biden directed OSHA to create workplace heat standards and enhance enforcement. In 2022, OSHA introduced a National Emphasis Program, encouraging employers to prevent heat-related illnesses and fatalities among workers during high-temperature conditions.

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Officially, worker fatalities from heat remain rare: 436 workers died from heat exposure between 2011 and 2021, according to the Bureau of Labor Statistics. But in a 2021 report, OSHA stated that these numbers, along with heat-related illnesses and injuries, are likely significant undercounts because they rely on employer records and self-reporting.

Estimates by Public Citizen, a nonprofit consumer advocacy organization, are far higher. Using data from the Centers for Disease Control and Prevention and several studies of heat deaths, Public Citizen estimates 605 to 2,000 workplace heat deaths a year.

— James Van Bramer

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Climate ChangeConstruction