Last Sept. 1, Gov. Greg Abbott’s “Death Star” law made Austin’s historic rest-break ordinance void with its sweeping invalidation of local policy that overlaps with state law.
As climate change worsens extreme heat each summer, it becomes more and more dangerous to work outside, or inside un-air-conditioned warehouses. Heat kills an average of 38 workers a year nationwide, according to the U.S. Bureau of Labor Statistics. AndIn response to this crisis, at a town hall with union leaders and workers June 20, U.S. Rep.
The rule is currently under expedited review within the U.S. Office of Management and Budget, after which it will be formally proposed and then undergo a public comment period. That’s expected to last at least a year. Only three federal organizations – OSHA, the EPA, and the Consumer Financial Protection Bureau – are subject to an additional step in their rulemaking process: submitting to the Small Business Administration for input.
Still, even without a formal rule, OSHA can hold employers to general safety standards. The agency is severely under-resourced – under Trump, hiring of OSHA inspectors, and now there are only around 1,800 inspectors in the entire nation – but since 2022, state and federal OSHA inspectors have completed over 12,000 heat-related worksite inspections under a recent heat emphasis program.
The November election poses a looming risk to such a rule. During his term, Trump eliminated an Obama-era OSHA rule that required employers to report injury logs. That was reinstated by OSHA in 2023 – but it took the same arduous, years-long rulemaking process. An actual congressional law would not be so easily repealed – Casar says he has support from House Democrats, but that hinges on a new pro-worker speaker being instated.