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How Federal Law Can Protect All Workers on Sweltering Summer Days

By Tom Conway - CounterPunch, July 17, 2023

The heat index soared to 111 degrees in Houston, Texas, but the real-feel temperature climbed even higher than that inside the heavy personal protective equipment (PPE) that John Hayes and his colleagues at Ecoservices wear on the job.

Sweat poured from the workers clad in full-body hazardous materials suits, heavy gloves, splash hoods, and steel-toed boots as they sampled and processed chemicals from huge metal containers under a searing sun.

Fortunately, as members of the United Steelworkers (USW), these workers negotiated a policy requiring the chemical treatment company to provide shade, cool-down periods, and other measures to protect them during sweltering days.

But unless all Americans have commonsense safeguards like these, workers across the country will continue to get sick and die during ever-worsening heat waves.

The USW, other unions, and advocacy groups are calling on the U.S. Occupational Safety and Health Administration (OSHA) to speedily enact a national standard specifying the minimum steps all employers need to take to safeguard workers from unprecedented and deadly bouts of heat.

Because of union advocacy, OSHA already has national standards that protect workers from falls, trench collapses, asbestos exposure, infectious diseases, injuries from equipment, and many other workplace hazards. It’s way past time to also protect workers from the heat waves that are growing more severe, lasting longer, and claiming more lives each year.

“Heat affects everybody. It doesn’t care about age,” observed Hayes, president of USW Local 227’s Ecoservices unit, who helped to negotiate the heat-related protections for about 70 workers in treatment services, maintenance, logistics, and other departments.

“There’s so many things they can come up with,” he said of OSHA officials.

The policy the union negotiated with Ecoservices requires low-cost, sensible measures like water, electrolytes, modified work schedules, tents and fans, and the authority to stop work when conditions become unhealthy and unsafe.

“If you start to feel dizzy or lightheaded, take your timeout,” Hayes reminds coworkers. “Don’t worry about it.”

In 2021, OSHA initiated efforts “to consider a heat-specific workplace rule.” In the meantime, states and local governments are free to make their own rules, let workers fend for themselves, or even put workers at greater risk.

Texas Outlaws Heat Safeguards for Construction Workers

By staff - Labor Network for Sustainability, June 30, 2023

As temperatures in Texas soar above 100 degrees, Governor Greg Abbott has just signed a law that will make it illegal for any Texas city to require employers to allow construction workers get water breaks, even in extreme heat. The law nullifies ordinances in Austin and Dallas that require 10-minute breaks every four hours so that construction workers can drink water and protect themselves from the sun.

At least 42 Texas workers died from environmental heat exposure between 2011 and 2021 according to the U.S. Bureau of Labor Statistics, the highest number of any state. Six out of 10 Texas construction workers are Latino.

Many states decline to require water breaks for outdoor workers in extreme heat

By Barbara Barrett - Stateline, June 30, 2023

Nearly 400 U.S. workers died of heat exposure over a decade.

Even as summer temperatures soar and states wrangle with protecting outdoor workers from extreme heat, Texas last week enacted a law that axes city rules mandating water and shade breaks for construction workers.

In state after state, lawmakers and regulators have in recent years declined to require companies to offer their outdoor laborers rest breaks with shade and water. In some cases, legislation failed to gain traction. In others, state regulators decided against action or have taken years to write and release rules.

Heat causes more deaths in the United States each year than any other extreme weather. And in Texas, at least 42 workers died of heat exposure between 2011 and 2021, according to the U.S. Bureau of Labor Statistics, though labor advocates say the number is much higher because other causes are cited in many deaths.

A 2021 investigation by NPR and Columbia Journalism Investigations found nearly 400 workers had died of environmental heat exposure in the previous decade, with Hispanic workers — who make up much of the nation’s farm and construction workforce — disproportionately affected.

Climate change has brought more days of extreme heat each year on average, and scientists say that number will grow. Yet only three states — California, Oregon and Washington — require heat breaks for outdoor workers. Minnesota has a rule that sets standards for indoor workers, and Colorado’s heat regulations cover only farmworkers.

‘It’s become unbearable’: Texas workers toil through extreme heatwave

By Michael Sainato - The Guardian, June 30, 2023

Last week as the heat dome scorched Texas, Gloria Machuca arrived for work at a McDonald’s in Houston to find the air conditioning wasn’t working. The temperature inside the restaurant was similar to the temperature outside – at least 90F. It was 7.30am.

Temperatures would rise another 10 degrees that day but already, Machuca said, the intense heat was making her eyes burn. She and five of her co-workers walked out on their jobs.

A third week of a record-breaking heatwave has placed at least 40 million people in the US under heat alerts, with numerous Texas cities experiencing unprecedented heat.

Many workers in Texas and throughout the southern US currently have no heat protection while working outdoors, exposed to the sun and intense, prolonged heat.

“When I came in, it really was so hot. I decided I need to go on strike. I told my co-workers because it is way too hot here and I knew they were all extremely hot as well,” said Machuca. “If we don’t work, they don’t make money. They’re making money off our sweat and it’s not fair,” she said. “It’s time they truly value us.”

Marsam Management, which operates the McDonald’s store in Houston, said in a statement: “As soon as we learned that one of our three air conditioning units had malfunctioned, we immediately brought portable air coolers and fans into the kitchen while technicians made their repairs, which were completed that same day.”

But workers went on strike again on 27 June to demand a permanent fix to the air conditioning issues and workers walked out at a second McDonald’s location in Houston over the same issues – air conditioning not working properly.

“I couldn’t take the heat any more. It was way too hot inside and I said I have to do something because they’re not listening to us,” said Marina Luria Ramírez, a McDonald’s worker at the second location who walked out. “It’s almost like you’re being choked, it’s such a horrible feeling. And there’s times where I feel like I’m going to faint and I try to drink water but sometimes our mouths are so dry, like even water doesn’t work. We try anything we can to recover but it really is a physically tolling and despairing experience.”

Texas Takes Away WATER BREAKS Amid Record Heat Wave

VICTORY!! at Ethos Light Turbine shop in Houston

Worker Dies of Heat Stroke 6 days After Abbott Signs Bill Repealing Heat Protections

By Jordan Barab - Confined Space, June 21, 2023

Less than a week after Texas Governor Greg Abbott signed a bill that will repeal measures in Austin and Dallas to protect workers against heat related illness, a worker has died in Texas from heat stroke.

Utility lineman dies while helping restore power to Texas residents following storms

MARSHALL, Texas (KLTV/Gray News) – Officials say a utility lineman from West Virginia working to restore power in Texas has died.

KLTV reports that the 35-year-old lineman, whose name was not immediately released, was working with Appalachian Power to restore electricity to the Marshall area after last week’s storms.

According to Harrison County Justice of the Peace John Oswalt, the worker’s death has been attributed to heat-related causes.

Oswalt said the man had been working with his crew in the heat on Monday and told the group that he wasn’t feeling well once they returned to their motel.

Austin and Dallas require rest breaks and water for construction workers to protect them against heat illness. The “Death Star” bill will repeal those protections on September 1 because, according to the bill’s sponsors, Texas businesses are unable to deal with a “hodgepodge” of different requirements in different cities.

Green Job Creation Projected to 'Offset' Fossil Fuel Job Losses in GOP States

By Kenny Stancil - Common Dreams, May 31, 2023

"Total employment in the nationwide U.S. energy sector could double or even triple by 2050 to meet the demand for wind turbines, solar panels, and transmission lines," according to a new study.

Achieving net-zero greenhouse gas emissions in the United States by mid-century would lead to a net increase in energy-related employment nationwide, and Republican-voting states whose leaders have done the most to disparage climate action would see the largest growth in green jobs.

That's according to research published in the latest issue of the peer-reviewed journal Energy Policy. The new study, summarized Tuesday by Carbon Brief, undercuts the old right-wing canard that environmentally friendly policies are inherently bad for workers.

Four academics led by Dartmouth College engineering professor Erin Mayfield found that shifting to a net-zero economy could create millions of jobs in low-carbon sectors—enough to "offset" losses in the declining fossil fuel industry, not only in the aggregate but also in most dirty energy-producing states, which tend to be GOP strongholds.

"Total employment in the nationwide U.S. energy sector could double or even triple by 2050 to meet the demand for wind turbines, solar panels, and transmission lines," Carbon Brief reported. Such growth in clean power generation and dissemination "would outweigh losses in most of the country's fossil fuel-rich regions, as oil, coal, and gas operations close down."

The study adds to mounting evidence that so-called "red" states now dominated by Republicans and fossil fuel interests—including particularly sunny and windy ones like Oklahoma, Texas, and Wyoming—stand to reap the biggest rewards from the green industrial policy provisions in the Inflation Reduction Act passed by congressional Democrats and signed into law by President Joe Biden last year.

At the same time, the authors acknowledge that some GOP-controlled dirty energy-producing states, such as North Dakota, are likely to see net decreases in energy sector employment, and they stress that "many communities will still require help to ensure a 'just transition' away from fossil fuels," as Carbon Brief noted.

The Perfect Storm of Extraction, Poverty, and Climate Change: A Framework for Assessing Vulnerability, Resilience, Adaptation, and a Just Transition in Frontline Communities

Shift the Power!

By Diego Valerio - Labor Network for Sustainability, April 30, 2023

Powershift is a network that mobilize the collective power of young people to mitigate climate change and create a just, clean energy future and resilient, thriving communities for all. In April a Powershift Convergence brought together thousands of climate and social justice activists in Bvlbancha/New Orleans. Diego Valerio, a first-year apprentice in IBEW Local 716 in Houston, Texas who has been organizing worker-led campaigns with the Texas Climate Jobs Project and who has been active with the Labor Network for Sustainability’s Young Worker Project, provides theses reflections on the Convergence:

I attended the latest Powershift Convergence alongside other union workers, LNS staff, and other allies to discuss and learn about the intersection of labor, youth, and environmental justice organizing with resilience in the Gulf South. Workers from the building trades and educator unions facilitated programming to center the idea that prioritizing the well-being of workers is essential when considering a green transition, and to uplift the need for a just transition.

Participants from organized labor encouraged other participants to think more concretely about ensuring that those who are most vulnerable to job losses or other detrimental impacts are supported, particularly through adequate training and education to transition workers into green jobs. They also advocated that the jobs created in the green transition are unionized, and to create social safety nets for those who are unable to transition to new opportunities.

Those at the bottom are often the ones who face the most significant challenges and consequences, and their involvement and empowerment can generate a greater impact. At Powershift I had the opportunity to interact with many inspiring individuals whose passion and commitment to making a positive impact left a lasting impression on me. I am grateful for these experiences and am determined to contribute to the movement in any way I can going forward.

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