Safety & Health
Bill Calls For 15-Minute Breaks Every Four Hours on the Job in Construction
Proponents of a bill that would give construction workers a 15-minute break every four hours say it would protect them from extreme heat, though the rule would apply universally.
Photo by Michael Maddox/U.S. Army Corps of Engineers Louisville District
A lawmaker’s proposed bill would give construction employees a 15-minute break for every four hours of work. Some in the industry are questioning the broadness of the bill.
Rep. Sylvia Garcia (D-Texas) sponsored the bill, H.R.8444 or the Construction Injury Prevention Act, which would amend the Fair Labor Standards Act of 1938. Employers would be required to provide paid rest breaks separately from meal breaks, and would need to post notices at jobsites explaining the paid rest breaks. Under the legislation, employers would also be barred from retaliating against employees who request or take breaks.
“I’ve heard far too many horror stories from workers who have been seriously injured due to employers not allowing rest breaks,” Garcia said in a statement.
Jeremy Hendricks, assistant business manager for Southwest Laborers District Council, said in a statement that the bill would help protect the construction workforce from death and injuries tied to extreme temperatures.
Some Contractors Have Concerns
Some contractors have concerns about the proposal. Ben Brubeck, vice president of regulatory, labor and state affairs for Associated Builders and Contractors, said in a statement that the approach raises questions about productivity and practicality. Brian Turmail, vice president of public affairs and strategic initiatives for Associated General Contractors of America, said the bill would impose “a one-size-fits-all approach to workplace health and safety” when working conditions in construction can vary greatly by the project type, time of year and location.
“Instead of imposing inflexible work rules that have no correlation to the latest research on worker health and safety, our industry needs to work collaboratively with [the Occupational Safety and Health Administration] and state safety agencies to put in place guidelines to protect workers that are based on local climate conditions, the type of work being performed and the research many, including AGC, have done to understand that the most dangerous time at work doesn’t come in four-hour intervals, but right after the end of most lunch breaks on construction jobsites,” Turmail said in a statement.
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The proposed legislation comes as the U.S. Dept. of Labor’s Occupational Safety and Health Administration has been looking into creating a heat-specific workplace rule. The Bureau of Labor Statistics reports an average of 38 deaths each year between 2011 and 2019 related to workplace heat exposure, and an average of 2,700 heat-related cases per year that resulted in time away from work. Earlier this year, OSHA also launched a national emphasis program focused on workplace heat hazards.
As ENR previously reported, industry groups have promoted guidelines that include acclimation plans to protect workers, among other recommendations. OSHA says nearly three out of four deaths related to workplace heat happen in the first week of work, and that new and returning workers need to build tolerance by starting out with shorter shifts and frequent breaks.
Garcia introduced her bill July 20 and it was referred to the House Committee on Education and Labor the same day. It is similar to another bill she introduced as a Texas state senator in 2017. The state bill died in committee.
Nine states have paid rest requirements for at least some workers, though none are specific to construction employees, according to the Dept. of Labor. Three of those state rules include exceptions for employees covered by a collective bargaining agreement.
