Relating to workplace heat illness prevention, including the creation of a heat illness prevention advisory board; imposing administrative penalties.
HB 91, the Antelmo Ramirez Heat Safety Act, would create a new Chapter 53 in the Texas Labor Code to establish statewide workplace heat illness prevention requirements. The bill applies to all employers in Texas, regardless of size or industry, and directs the Texas Workforce Commission to adopt heat illness prevention standards by rule. Those standards must align with federal occupational heat guidance from NIOSH and include provisions for drinking water, shade or climate-controlled access, rest periods, emergency response procedures, heat acclimatization, and employee and supervisor training.
The bill also creates a heat illness prevention advisory board to help develop the standards. The board would include heat safety experts, construction workers, an employer representative, a nonprofit worker-safety representative, and a construction labor union representative. Employers would be required to post notices about the standards and employee rights, provide training in a language employees understand, and avoid retaliation against workers who report heat illness, file complaints, or participate in investigations. The bill authorizes the Texas Workforce Commission to assess administrative penalties of at least $1,000 per violation, with each day of noncompliance treated as a separate violation.
HB 91 would add a new statewide workplace safety regulatory scheme to the Labor Code and expand the Texas Workforce Commission’s authority to set and enforce heat illness prevention standards. It would impose affirmative duties on employers to provide water, shade or cooling access, rest, training, and emergency procedures, and it would create new protected activity and retaliation provisions for employees. The bill also sets implementation deadlines in 2026 and delays enforceable compliance until June 1, 2026, while making retaliation provisions applicable only to conduct occurring on or after that date.
Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the overall sentiment appears to be pro-worker and focused on public safety, especially for employees exposed to extreme heat. The bill’s structure suggests an effort to balance worker protections with employer input by creating an advisory board that includes employers, labor, nonprofit safety advocates, and construction workers. No contrary testimony or vote history is provided, so there is no documented opposition or support in the supplied record beyond the bill’s protective purpose.
The main points of potential contention are the breadth of the bill and the compliance burden it places on employers. Because the chapter applies to all employers in Texas, opponents may object to the statewide scope, the mandatory training and posting requirements, and the minimum $1,000-per-violation administrative penalty. Another likely area of debate is the extent to which the Texas Workforce Commission should adopt standards modeled on NIOSH guidance and whether the advisory board’s composition gives sufficient weight to employer concerns versus worker-safety interests. The bill’s retaliation protections and private enforcement-related language may also draw scrutiny from employers concerned about litigation and administrative enforcement.