HB 91 — Relating to workplace heat illness prevention, including the creation of a heat illness prevention advisory board; imposing administrative penalties.

Bill Text

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This bill amends the Texas statutes.

• CHAPTER 53. WORKPLACE HEAT SAFETY Sec. 53.001. DEFINITIONS. In this chapter: (1) "Advisory board" means the heat illness prevention advisory board established under Section 53.003. (2) "Commission" means the Texas Workforce Commission. (3) "Employer" means a person who employs one or more employees. (4) "Heat illness" means a serious medical condition resulting from the body's inability to cope with a particular heat load and includes heat cramps, heat exhaustion, heat syncope, and heatstroke. (5) "Heat safety expert" means an individual who: (A) holds a certification or educational degree in environmental science, human physiology, medicine, occupational safety, public health, or a related field; and (B) performs work focused on heat safety in the workplace. Sec. 53.002. APPLICABILITY. This chapter applies to all employers in this state, regardless of the location of employment, type of employment, or size or type of employer. Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD. (a) A heat illness prevention advisory board is established to assist the commission in adopting heat illness prevention standards under this chapter. (b) The advisory board consists of the following members appointed by the commission: (1) two members who are heat safety experts; (2) two members who are employed as construction workers; (3) one member who is an employer; (4) one member who is a representative of a nonprofit organization engaged in worker safety issues; and (5) one member who is a representative of construction worker labor unions. (c) The advisory board shall develop and recommend to the commission heat illness prevention standards, consistent with this chapter, that are designed to protect employees from heat illness in indoor and outdoor worksites. Sec. 53.004. HEAT ILLNESS PREVENTION STANDARDS. (a) The commission by rule shall adopt heat illness prevention standards. In adopting the standards, the commission shall give full consideration to the recommendations the advisory board makes under Section 53.003(c). (b) The heat illness prevention standards must: (1) be consistent with the standards and recommendations relating to heat and workforce safety contained in the Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health, as those standards and recommendations existed on January 1, 2025; and (2) include: (A) requirements for providing: (i) drinking water; (ii) access to nearby shade or climate-controlled environments, restrooms, and handwashing stations; and (iii) rest periods; (B) standards for effective emergency response procedures; (C) standards for heat acclimatization; (D) training on heat and workforce safety for employees and supervisors; and (E) other related standards for protecting workers from heat illness. Sec. 53.005. NOTICE TO EMPLOYEES. (a) Each employer shall post in a conspicuous place accessible to employees the notice the commission prescribes under Subsection (b) at: (1) the employer's place of business; and (2) if applicable, each worksite at which employees perform job duties for the employer. (b) The commission shall prescribe the form and content of the employer notice required by Subsection (a) and make the notice available on the commission's Internet website. The notice must: (1) be in English, Spanish, Vietnamese, and any other language the commission determines appropriate; and (2) outline: (A) the heat illness prevention standards the commission adopts under this chapter; and (B) employees' rights under this chapter. Sec. 53.006. EMPLOYEE TRAINING REQUIRED. Each employer shall provide training to the employer's employees about the commission's heat illness prevention standards as the standards relate to employees, supervisors, and employers. The training, including any related written materials, must be provided to each employee in a language that the employee understands. Sec. 53.007. UNLAWFUL EMPL

  amended

Action History

1. July 14, 2025

   Filed

Sponsors

• Lulu Flores · Primary

Subjects