With the arrival of Memorial Day, the peak summer construction season officially begins. Although longer daylight hours help contractors meet deadlines, the ensuing high temperatures pose a health threat to outdoor workers. In recent years, global temperatures have continued to rise, and labor safety issues under high heat have drawn national attention.

According to data from the National Aeronautics and Space Administration (NASA), last summer was the hottest since 2000. Miami broke its record for the hottest July day; El Paso, Texas, saw 70 days above 100 degrees Fahrenheit; and Phoenix recorded 54 days reaching 110 degrees Fahrenheit.

For outdoor workers in some states, this summer will be the first under new rules—some protective, others prohibiting mandates. Texas and Florida have passed laws barring local governments within their borders from requiring employers to provide water breaks.

Florida Governor Ron DeSantis signed House Bill 433, which, starting in July, prevents counties and cities in the state from enacting their own heat safety regulations. Texas's law, dubbed the "Death Star Law" by opponents, is already in effect, but cities such as Houston and San Antonio have filed lawsuits.

These laws do not prohibit employers from voluntarily offering breaks; they simply mean local governments cannot mandate them. In contrast, the Phoenix City Council unanimously voted in March to pass an ordinance requiring companies contracting with the city, including subcontractors, to have a documented heat safety plan. The plan must include:

  • Free access to cool drinking water;
  • Allowing employees to take regular, necessary rest breaks;
  • Providing shade or air-conditioned facilities;
  • Implementing heat acclimatization measures;
  • Conducting training on heat illness and injury.

The rationale for supporting state-level bans is to avoid confusion for businesses facing varying local regulations—for example, one worksite requiring breaks while another does not. Florida Democratic State Representative Anna Eskamani told Construction Dive when the bill passed: "I understand that concern, but these requirements are very basic, not stringent or overly burdensome." She added that companies operating across regions typically have the resources to track different regulations.

Groups opposing the bans, such as the American Civil Liberties Union (ACLU), argue that these laws strip workers of protections, making it easier for employers to deny breaks and other safeguards.

Protecting Workers: OSHA's Federal Standards Process

Amid the local and state legislative battles, the Occupational Safety and Health Administration (OSHA) has begun developing federal heat safety guidelines. Although OSHA has specific standards for hazards like falls, trenching, steel erection, and volatile substance handling, there is still no dedicated heat protection rule.

OSHA is working on a heat safety standard and cleared a hurdle in the rulemaking process in April. OSHA's head stated this is a priority. Doug Parker, Assistant Secretary of Labor for Occupational Safety and Health, told Construction Dive at a construction safety event earlier this month: "We are working to roll out a proposed rule."

In maintaining worksite safety, the Occupational Safety and Health Act of 1970 requires employers to eliminate "recognized hazards that are causing or are likely to cause death or serious physical harm." In 2022, OSHA launched a National Emphasis Program, promoting education and emphasizing the three key mitigation measures for heat: water, rest, and shade.

But enforcement is another matter. OSHA does not view itself as a punitive enforcement agency; Parker has said the best way to curb industry hazards is not through citations but by partnering with industry leaders to raise awareness and embed safety into culture. OSHA currently can only cite employers who fail to protect workers from extreme heat under the General Duty Clause (5(a)(1)), and such violations cannot be used for repeat citations, meaning subsequent violations cannot increase penalty amounts.

Heat Safety Tips: Acclimatization and Common Sense

Despite the lack of national regulations, most contractors still follow their own common-sense practices to keep workers safe in summer. OSHA also offers recommendations. The agency notes that nearly three-quarters of heat-related injuries occur within the first week of working in hot environments, so employers should help new workers acclimatize gradually. OSHA's heat acclimatization recommendations include:

  • Scheduling shorter shifts and more frequent breaks for workers in the heat;
  • Training workers on heat stress and its symptoms;
  • Monitoring new workers for related symptoms;
  • Implementing a buddy system;
  • Allowing workers new to the heat to stop working if symptoms appear.

Safety officials also advise workers to drink a cup of cool water every 20 minutes, even if not thirsty. Additionally, they recommend wearing breathable clothing, monitoring workers for signs of heat illness, and taking frequent breaks in the shade. Parker told Construction Dive: "Taking a values-driven approach to health and safety and embedding it into the work culture from the top of the organization to the front lines is everyone's responsibility."