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A BILL TO BE ENTITLED
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AN ACT
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relating to certain heat safety protections; providing |
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administrative and civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 53 to read as follows: |
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CHAPTER 53. HEAT SAFETY |
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Sec. 53.001. DEFINITIONS. In this section: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Heat illness" means a serious medical condition |
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resulting from the body's inability to cope with a particular heat |
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load and includes heat cramps, heat exhaustion, heat syncope, and |
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heat stroke. |
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(3) "Heat safety expert" means a person that: |
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(A) possesses a certification or educational |
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degree in public health, medicine, occupational safety, |
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environmental science, human physiology, or a related field; and |
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(B) performs work focused on heat safety in the |
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workplace. |
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Sec. 53.002. APPLICABILITY. This chapter applies to the |
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mitigation and control of risks related to heat illness, regardless |
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of the location of employment, type of employment, or type of |
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employer. |
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Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD; |
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STANDARDS. (a) The commission shall appoint an advisory board |
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consisting of the following seven members: |
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(1) two heat safety experts; |
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(2) two persons employed as construction workers; |
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(3) one employer; |
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(4) one representative of a non-profit organization |
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engaged in worker safety issues; and |
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(5) one representative of a construction worker labor |
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union. |
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(b) The advisory board appointed under this section shall |
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develop and recommend heat illness prevention standards consistent |
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with this chapter and designed to protect employees from heat |
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illness in indoor and outdoor work. The commission shall review and |
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adopt the standards recommended by the advisory board under this |
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section for use by employers to the extent that the standards are |
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consistent with this chapter and other applicable law. |
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(c) The standards recommended by the advisory board and |
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adopted by the commission under this section must: |
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(1) be developed in a manner consistent with "Criteria |
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for a Recommended Standard: Occupational Exposure to Heat and Hot |
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Environments" published by the National Institute for Occupational |
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Safety and Health; |
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(2) include requirements related to the provision of |
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drinking water, access to nearby shade or climate-controlled |
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environments, access to nearby restrooms and handwashing stations, |
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rest periods, effective emergency response procedures, |
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acclimatization to working in heat, training procedures for |
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employees and supervisors, and related standards for protection |
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against heat illness; and |
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(3) include mandatory administrative penalties of not |
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less than $1,000 per violation per employee for an employer's |
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failure to comply with heat illness prevention standards adopted |
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under this section, to be assessed and administered by the |
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commission. |
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Sec. 53.004. SIGNAGE REQUIRED. (a) The commission shall |
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produce signage in English, Spanish, Vietnamese, and any other |
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languages that the commission determines to be appropriate |
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outlining: |
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(1) the heat illness prevention standards adopted by |
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the commission under this chapter; and |
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(2) an employee's rights under this chapter. |
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(b) The commission shall make the signage available for free |
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download by employers and the public on the commission's website. |
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(c) An employer shall post a copy of the signage described |
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by this section at its place of business in a place accessible by |
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the employer's employees. |
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Sec. 53.005. EMPLOYEE TRAINING REQUIRED. An employer is |
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required to provide training to each of its employees about the heat |
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illness prevention standards adopted under this chapter as they |
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relate to employees, supervisors, and employers. The training, |
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including any related written materials, must be provided to each |
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employee in a language that the employee understands. |
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Sec. 53.006. UNLAWFUL EMPLOYMENT PRACTICE. An employer |
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commits an unlawful employment practice under this chapter if the |
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employer retaliates or discriminates against an employee that: |
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(1) experiences heat illness; |
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(2) reports heat illness or a violation of this |
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chapter or other applicable standards to their employer; |
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(3) files a complaint with the Texas Workforce |
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Commission; |
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(4) files a lawsuit; or |
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(5) testifies, assists, or participates in any manner |
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in an investigation, proceeding, or hearing under this chapter. |
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Sec. 53.007. LIABILITY. (a) In addition to any |
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administrative penalties assessed under this chapter, an employee |
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is entitled to a private right of action in a court of appropriate |
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jurisdiction for an employer's failure to comply with heat illness |
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prevention standards adopted under this chapter. An employee is |
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not required to exhaust applicable alternative administrative |
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remedies before pursuing a private right of action under this |
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section. |
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(b) An employee that prevails in an action against an |
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employer under this section is entitled to recover from the |
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employer all court costs and reasonable attorney fees related to |
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the action. |
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(c) If the court presiding over an action filed by an |
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employee under this section finds that an employer knowingly |
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violated the heat illness prevention standards adopted under this |
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chapter, the court shall award the employee an amount equal to |
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triple the amount of damages otherwise due to the employee. |
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Sec. 53.008. DEADLINES FOR CERTAIN ACTIONS. (a) The |
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commission shall appoint the advisory board described by Section |
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53.003 as soon as reasonably possible after the effective date of |
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this Act, but not later than October 1, 2023. |
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(b) The advisory board shall submit recommended standards |
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to the commission under Section 53.003 not later than January 1, |
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2024. |
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(c) The commission shall adopt and publish the standards |
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described by Section 53.003 not later than March 1, 2024. |
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(d) This section expires and is repealed on January 1, 2025. |
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SECTION 2. Chapter 53, Labor Code, as added by this Act, |
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applies only to work performed on or after the adoption and |
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publication of the standards described by Section 53.003, Labor |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |