As Texas bans water breaks, we must treat heat as a public health issue

As the temperature topped 115 degrees in parts of Texas last week, Gov. Greg Abbott signed a sweeping new law eliminating mandated water breaks for certain laborers, including construction workers. In the week leading up to the bill’s signing, two people, a postal worker and a utility worker, died due to the heat. Touted as a win for businesses, the removal of mandated water breaks is extremely dangerous for outdoor workers, especially during one of the worst heat waves of the decade. 

As a public health and community advocate in Oregon, my nonprofit encourages fairness for workers, including farm workers and others who work in heavy-duty environments, often without access to air conditioners. Working in hot conditions results in significant harms, including heat exhaustion and death. The 2021 heatwave in Oregon resulted in the death of two workers (a farm worker and a construction worker). Despite attempts by certain industry groups to block the legislation, Oregon passed worker protections that include mandatory water and shade breaks in high heat and require employers to provide respiratory masks in exceptionally smoky conditions. 

To date, only three states require heat breaks (California, Oregon and Washington) for outdoor workers. Two others have partial protections: Minnesota has a rule setting standards for indoor workers, and Colorado’s heat regulations only cover farmworkers. 

As temperatures reach new extremes, we need to start treating heat deaths as a public health issue. The World Meteorological Organization projects the world is set to reach an increase of 1.5 degrees Celsius (2.7 degrees Fahrenheit) by 2027, bringing heat waves to unprecedented levels. 

If we consider high heat to be a public health and human rights crisis, we would view access to water and shade through a different lens. Especially as climate conditions continue to become more extreme, we need to focus on:

Improving policies that mandate water and shade breaks

There are laws against leaving children and animals in hot vehicles. In other words, animals are treated better than laborers. The work of laborers — construction workers, agricultural workers, utility workers and others — is the foundation of the economy, but they are often the most vulnerable. Ensuring their well-being requires passing laws that add protection rather than remove rights.

Better training for employers and employees on worker rights

During the Oregon heatwave, employers partially blamed the death of the workers on the workers themselves, arguing that common sense would have indicated that they stop and take a break. Oregon’s courts rightly denied the company’s argument that they should not pay a fine for failure to supervise and train employees about breaks.

Mandating that employers partner with local community organizations and leaders to provide proper education, outreach and information on worker rights during a heatwave improves employer-employee relationships and overall health outcomes. We strive to ensure that workers will never die from a heatwave because they did not access water or know they were allowed breaks.

Better data collection methods to track heat-related deaths

Public health requires data. Many deaths associated with extreme heat are misidentified or not coded properly due to complexities associated with heat-related illnesses, which can worsen a person’s underlying conditions. These deaths are classified as cardiovascular or from other causes. Studies indicate the actual number of deaths due to heat is twice as many reported.

Without access to proper reporting measures, heat-related deaths are underreported, often representing underserved communities. Underreported heat deaths severely affect public health and the population’s health.

Today, our nation continues to fail to treat laborers — often immigrant laborers — as equal human beings. Perhaps this is because anti-immigrant and anti-labor forces advocate for reducing rights, despite how much our country relies on these workers. Such attitudes and actions lead to more preventable deaths among our most vulnerable people. 

Jackie Leung is an assistant professor of public health at Linfield University. She is a public health researcher and writes about public health policy as a Public Voices Fellow with AcademyHealth in Partnership with the OpEdProject.