On September 1st of last year, Governor Greg Abbott's “Death Star” bill (House Bill 2127) nullified Austin's historic quiet break ordinance because it completely overrides local laws that overlap with those of the state.

As climate change worsens extreme heat each summer, it's becoming increasingly dangerous to work outdoors or in unair-conditioned warehouses. Nationwide, an average of 38 workers die from heat each year, according to the U.S. Bureau of Labor Statistics. And those numbers are likely underestimated—Public Citizen found in 2022 that heat stress causes about 600 to 2,000 deaths in the U.S. each year, mostly in the construction and agriculture industries.

In response to this crisis, U.S. Rep. Greg Casar (D-Austin) and Doug Parker, deputy secretary of the Occupational Safety and Health Administration (OSHA), announced at a town hall meeting with union leaders and workers on June 20 that OSHA is close to introducing a new federal standard to protect workers from extreme heat.

The rule is currently being reviewed under the U.S. Office of Management and Budget's expedited review process. After that, it will be formally proposed and subject to a public comment period that is expected to last at least a year. (By comparison, a recent rule granting a worker representative the right to accompany an OSHA official on a compliance inspection received relatively few comments and took four months to review.)

“I hope we still have a worker-friendly president in office, then the law can be implemented quickly.” – U.S. Rep. Greg Casar, Democrat, Austin

Only three federal organizations — OSHA, EPA and the Consumer Financial Protection Bureau — must take one more step in their rulemaking process: submit their proposals to the Small Business Administration for comment. OSHA has already cleared that hurdle and, surprisingly, received very little opposition from industry. The National Advisory Committee for Construction, Public Health and Safety voted unanimously to implement the new rule “expeditiously.” Washington, Minnesota, California, Oregon and Colorado already have OSHA heat standards, and there is increasing widespread recognition that a national rule is needed.

But even without a formal regulation, OSHA can require employers to comply with general safety standards. The agency is severely underfunded — under Trump, hiring of OSHA inspectors stalled, and now there are only about 1,800 inspectors nationwide — but since 2022, state and federal OSHA inspectors have conducted more than 12,000 heat-related workplace inspections as part of a recent heat focus program.

The November election poses a looming risk for such a rule. While in office, Trump repealed an Obama-era OSHA rule requiring employers to report injury logs. That was reinstated by OSHA in 2023 — but it required the same arduous, years-long legislative process. An actual bill passed by Congress wouldn't be so easy to repeal — Casar says he has the support of Democrats in the House, but that depends on whether a new pro-worker speaker is installed. And even if a bill passes, Casar says it would be imperative that it be accompanied by anti-retaliation legislation like the PRO Act — there is currently no penalty for employers who fire workers for unionizing. So time is of the essence.

“My hope is that we can achieve this. [heat rule] proposal this summer,” Casar said. “Then I hope we still have a pro-labor president in office so that the law can be passed quickly and we don't have to go another summer without it. We will work to do that, knowing that there will be some strong forces that will try to stop us.” Meanwhile, a Houston lawsuit against the Death Star bill won a ruling last summer that declared the law unconstitutional. Attorney General Ken Paxton has appealed the ruling, and the law remains in effect.