Man on a construction in the heat

Workers’ Rights in the Texas Heat

The Texas heat poses many risks to workers. Exposure to the sun and heat can lead to many health complications and serious injuries. Unfortunately, Texas law does little to protect its workers from the weather. In fact, Governor Greg Abbott signed a law that eliminated local rules and protections meant to keep workers safe from harm.

At the Law Office of Sandy McCorquodale P.C., our Texas worker rights attorneys are here to help you understand your legal rights. We represent Texas workers throughout the state if you suffered a work-related injury.

The Dangers of Working in the Texas Heat

Sunlight and heat both pose several safety and health risks for Texas workers. Texas average temperatures during the summer range from 88°F to 93°F, but often raise to much higher. With combined humidity and sunlight exposure, the perceived temperate can be well above 100°F.

Health dangers from working the Texas heat may include, but are far from limited to:

man drinking water on the job site in the heat
  • Sun burn
  • Freckles, irregular moles
  • Risk of skin cancer and melanoma
  • Heat exhaustion or heat stroke
  • Heat rash
  • Skin trauma, blisters, and more
  • Exhaustion
  • Heat cramps
  • Death

Workers in outdoor or indoor heat conditions know these risks all too well. They have seen them first hand if they have not experienced them already.

Common Occupations at Risk from Extreme Texas Heat

Several types of Texas workers are especially susceptible to the state’s extreme heat. These include:

  • Construction workers
  • Factory employees
  • Industrial workers
  • Offshore oil and gas workers

Individuals may be at even greater risk if they:

  • Are 65 or older
  • Are overweight
  • Have heart disease or high blood pressure
  • Have disabilities
  • Are pregnant
  • Take medications which make them more susceptible to high heat

No Legal Protections for Texas Workers

There are no statewide protections for Texas workers that help with extreme heat. Despite the obvious health concerns and nature of our state’s weather, Texas law does not protect workers. In fact, Governor Greg Abbott signed House Bill 2127 that weakens the power of local governments to protect workers from extreme heat.

Many local governments began to pass legislation that protected workers by providing for water breaks, restrictions on working in extreme heat, and more. The law signed by Governor Abbott invalidates those additional protections and states that only the state legislature may place those types of protections.

However, to date, the Texas State Legislature has shown little inclination to do so. Without state action, workers may not be protected from working in extreme heat conditions. As heat waves continue to pummel Texas, this will become an increasing problem for state workers.

Potential Protections from the Federal Government

Future protection may come from new state laws, but it may also come from the federal government. In 2021, the U.S. Occupational Safety and Health Administration (OSHA) announced an Advance Notice of Proposed Rulemaking on preventing heat-related illness and injury.

This does not yet set any enforceable rules or protections for Texas workers. However, it demonstrates the continued problem heat plays in workplace injuries. As additional protections are granted by state or federal law, a qualified Texas employment law attorney will be there to help.

Protecting Your Heat-Related Health and Rights in Texas

If you were injured while at work, you could be entitled to significant compensation. While workers have few rights related to heat, injuries on the job may still be compensable. This may depend on whether your employer subscribes to workers’ compensation and several other factors.

The Law Office of Sandy McCorquodale P.C. stands ready to fight with you. We can examine your work injury case to determine what rights to compensation you have. Contact us today for a consultation of your case.