Just over a dozen years ago, José Lainez, a construction worker and Honduran immigrant, died while building a bridge between Austin’s US183 and US 290 under a beating June sun. Because he was employed by the state, he was not guaranteed water breaks, and his family believes he died of heat exhaustion.
U.S. Rep. Greg Casar helped plan a vigil for Lainez in 2012 while working for the Workers Defense Project, an immigrant worker advocacy group headquartered in East Austin.
The effect Lainez’s death had on Casar was palpable when the Austin Democrat returned to the project building Thursday to announce that the Occupational Safety and Health Administration, which enforces labor laws, will soon release a draft proposal for a federal rule that would increase workforces. protection against heat-related hazards.
“We used to talk about climate change and climate deniers said we were making up a monster,” Casar said during his opening speech to the crowd of union members and other local workers. “Well, the monster is here.”
Casar was joined by Doug Parker, OSHA’s Assistant Secretary of Labor, who spoke about the agency’s efforts to implement the new federal rule.
Parker spoke to the audience about the bureaucratic process required to implement a new federal rule, explaining that after the rule is approved by the White House, it will be put out for a public comment period, which will last a minimum of 60 days will last. After public comments are submitted, OSHA must review and address all substantive concerns in the comments before implementing the new rule.
In the meantime, OSHA has increased heat and safety inspections of workers, allowing it to enforce federal laws guaranteeing workers the right to protection from “known hazards,” including heat.
The battle for heat protection has driven the former Austin City Council member throughout his career, he told the audience. While with the Workers Defense Project, the group successfully pushed the council to pass a city ordinance requiring employers to give workers water breaks. The 2012 ordinance remained in effect until Gov. Greg Abbott signed the “Death Star” law in 2023, overriding that and other local policies that impose broader restrictions than those set forth in state law.
In July, Casar organized a thirst and hunger strike outside the U.S. Capitol to protest Abbott’s efforts to limit local protections and the lack of federal action to create nationwide regulations.
“I can’t think of anything better for the workers in Texas and nothing better in response to what Governor Abbott did, which is that if we lost water breaks here and in a few cities in Texas, that would lead to the gain of heat protection and the safety protection for every worker in this country,” Casar said.
More: Representative Greg Casar leads thirst and hunger strike at the US Capitol. This is why he stood out.
U.S. Rep. Lloyd Doggett, D-Austin, also joined the town hall to support Casar, whom he met when Casar was still an activist with the Workers Defense Project.
“I don’t think there is a stronger advocate for working families and workers’ rights in all of Congress than Greg Casar,” Doggett said.
Because the power to overturn agency regulations rests with the presidency, several attendees expressed concern that the outcome of the 2024 election would have major implications for the longevity of a narrower and less forgiving OSHA regulation.
“When we talk about the arcane process they have to go through to put a rule in place, I wish we could just pass a law,” Casar said. “We’re going to fight for a Congress that will sign it into law, and we could sign it into law tomorrow if we had a speaker who would bring this up and a Democratic majority.”
Another concern expressed by members of the public was the extent to which federal OSHA rules would apply to undocumented workers in Texas.
While Parker was adamant that OSHA did not consider documentation status when receiving employee complaints, he also recognized the reality that undocumented workers are significantly less likely to report their concerns to OSHA compared to U.S. citizens.
“I want to emphasize that the immigrants who have been here for so long, more than 30 years, and have contributed to the taxes and to the economy are not being taken into account,” said Irene Araiza Medrano, a Mexican-American retiree who gave a speech loved. question about the status of undocumented workers to Casar, the statesman said through an interpreter.
At the town hall, Casar and other speakers highlighted the death toll associated with improper efforts to protect workers from severe weather during long shifts. He emphasized that previous OSHA actions had significantly slowed the trajectory of workplace deaths that existed before the agency’s creation.
Concerns about the timing of OSHA’s rulemaking process were highlighted by audience members who asked questions during the second half of the event.
Parker explained that he could not predict how much time would pass between the opening of the comment period and the federal rule taking effect.
Rules that are simpler than the heat rule are expected to generate more than 10,000 comments, and OSHA must respond to each unique, substantive point commenters make, a process that could take years. Although the rule has been expedited by the Biden administration, Parker said, it will likely take another year or two before it goes into effect.
“It’s very difficult to say exactly when it would be ready because that’s like making a preconceived idea of what we’re going to do, and that’s not allowed,” Parker told the crowd. “I can tell you this is our highest priority rule.”
Eva Maroquin, a member of the Workers Defense Project and a construction worker who attended Thursday’s event, saw the town hall as an example of Casar’s commitment to workers. She has known him since she worked with him in early 2010.
“Greg Casar is a people’s leader and he puts actions into his words,” Maroquin told the statesman through an interpreter. “I’ve seen it throughout his political career, from his start here to last year in Washington, D.C., before the thirst strike.”
She emphasized that what is needed is not just a rule, but also consistent enforcement efforts to improve conditions for workers.
“That’s the most important thing, just keeping these promises,” Maroquin said. “But it’s the start of something good.”
This article originally appeared on Austin American-Statesman: Casar discusses heat hazards and proposed OSHA rule at town hall
