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Old 08-24-2021, 10:12 AM
 
9,500 posts, read 2,922,578 times
Reputation: 5283

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Quote:
Originally Posted by aquietpath View Post
You deliberately misconstrued what I meant. What is stopping the employees from bringing a thermos of water to work? That has always been the norm for outside workers. If you know you are going to be working in the heat, why wouldn't you do the reasonable thing? To quote your own comment, it's not that hard for them. Seems like taking basic responsibility for yourself if becoming a rarity.
My son worked in construction and always took a large thermos full of water with him.

 
Old 08-24-2021, 10:13 AM
 
Location: In a George Strait Song
9,546 posts, read 7,076,623 times
Reputation: 14046
Quote:
Originally Posted by Lekrii View Post
In Texas, specifically Austin and Dallas, requirements have been in place mandating a 10 minute water break every four hours for construction workers. Republican lawmakers are now pushing to eliminate those protections, which would allow construction workers to work in 100+ degree heat without as much as water breaks.

a survey found that many construction workers were not receiving either, even though temperatures in Austin have reached as high as 112 degrees F. The campaign was a success — that year, the city council passed an ordinance mandating that construction workers get a 10-minute water break every four hours. In 2015, Dallas adopted a similar requirement

Republican lawmakers in Texas are pushing a bill that would eliminate these minimal protections that help workers survive on very hot days, which are increasing in number and severity with climate change.


Source Here
You omitted this:

“...was proposed in order to stop cities from issuing protections related to the COVID-19 pandemic, like mandatory sick leave...”

The bill has little to do with water breaks and much to do with cities deciding to shut down due to COVID in contradiction to state law.

Lie, omit, misinform...anything to get a cheap shot at Republicans.
 
Old 08-24-2021, 10:15 AM
 
Location: Austin TX
11,027 posts, read 6,511,604 times
Reputation: 13259
Quote:
Originally Posted by Ohiogirl81 View Post
Y'all never heard of Home Rule?

(that applies to all of your posts on the topic)
Yes, I am familiar with it.

Are you familiar with Article 6, Paragraph 2 of the U.S. Constitution? It states that the laws of the United States -- federal laws -- are the supreme law of the land and judges in every state are bound by them regardless of conflicting state laws.

Specific wording of The Preempton Doctrine and the Supremacy Clause:

The preemption doctrine originates from the supremacy clause of Article 6 of the U.S. Constitution. This doctrine states that any federal law, even if it is only a regulation from a federal agency, supersedes any conflicting state law, even if that law is part of the state's constitution. When Congress specifically enacts a law preempting an existing state law, there is little left to discuss from a legal standpoint, except perhaps which law was meant to be preempted. In cases where Congress does not preempt a specific state law, the court must determine whether the law directly conflicts with federal law.
 
Old 08-24-2021, 10:17 AM
 
Location: Florida
14,968 posts, read 9,821,720 times
Reputation: 12084
Quote:
Originally Posted by Ohiogirl81 View Post
Y'all never heard of Home Rule?

(that applies to all of your posts on the topic)
In this case it doesn't apply because the state (and OSHA) already have rules in place and maintain the authority to make such rules.

This thread has nothing to do with drinking water when someone is thirsty... this is a B&M thread. Ever heard of that?
 
Old 08-24-2021, 10:18 AM
 
18,976 posts, read 7,030,705 times
Reputation: 3584
Quote:
Originally Posted by Lekrii View Post
In Texas, specifically Austin and Dallas, requirements have been in place mandating a 10 minute water break every four hours for construction workers. Republican lawmakers are now pushing to eliminate those protections, which would allow construction workers to work in 100+ degree heat without as much as water breaks.

a survey found that many construction workers were not receiving either, even though temperatures in Austin have reached as high as 112 degrees F. The campaign was a success — that year, the city council passed an ordinance mandating that construction workers get a 10-minute water break every four hours. In 2015, Dallas adopted a similar requirement

Republican lawmakers in Texas are pushing a bill that would eliminate these minimal protections that help workers survive on very hot days, which are increasing in number and severity with climate change.


Source Here
I'm smart enough to know there is always 2 sides to a story.
 
Old 08-24-2021, 10:25 AM
 
Location: Florida
14,968 posts, read 9,821,720 times
Reputation: 12084
This thread isn't about heat stroke and yes I'll guarantee workers are allowed to drink water when they're thirsty.
 
Old 08-24-2021, 10:25 AM
 
27,156 posts, read 15,330,669 times
Reputation: 12078
Quote:
Originally Posted by Lekrii View Post
In Texas, specifically Austin and Dallas, requirements have been in place mandating a 10 minute water break every four hours for construction workers. Republican lawmakers are now pushing to eliminate those protections, which would allow construction workers to work in 100+ degree heat without as much as water breaks.

a survey found that many construction workers were not receiving either, even though temperatures in Austin have reached as high as 112 degrees F. The campaign was a success — that year, the city council passed an ordinance mandating that construction workers get a 10-minute water break every four hours. In 2015, Dallas adopted a similar requirement

Republican lawmakers in Texas are pushing a bill that would eliminate these minimal protections that help workers survive on very hot days, which are increasing in number and severity with climate change.


Source Here


I am a Commercial Electrician in Dallas and I have never seen any of this.
We cover the importance of staying well hydrated in several meetings every week and water is supplied generously.

They may be talking about but is not any of the above in your post in practice.
You can drink as much as you want when ever you desire.

It is also an OSHA Requirement no matter if it is construction or in the Office;
https://www.osha.gov/laws-regs/regul...r/1926/1926.51
 
Old 08-24-2021, 10:33 AM
 
Location: Philaburbia
41,970 posts, read 75,229,826 times
Reputation: 66940
Quote:
Originally Posted by ATX Wahine View Post
This doctrine states that any federal law, even if it is only a regulation from a federal agency, supersedes any conflicting state law, even if that law is part of the state's constitution.
If federal law requires workers to have a break every 5 hours, it is within the rights of any state or any city home rule charter to require a break every 4 hours. That does not present a legal conflict.

Or in the absence of federal law or regulation, states and home rule cities are free to come up with their own. From the OP's link:

Quote:
OSHA has considered but declined to issue national heat standards that would protect workers specifically from heat, like setting mandatory water breaks, since 1972. Instead, the agency enforces a hazier regulation that requires employers to protect workers from “recognized serious hazards in the workplace,” including heat-related hazards.
 
Old 08-24-2021, 10:42 AM
 
Location: Austin TX
11,027 posts, read 6,511,604 times
Reputation: 13259
Quote:
Originally Posted by Ohiogirl81 View Post
If federal law requires workers to have a break every 5 hours, it is within the rights of any state or any city home rule charter to require a break every 4 hours. That does not present a legal conflict.

Or in the absence of federal law or regulation, states and home rule cities are free to come up with their own. From the OP's link:
Workers are entitled to a federally-protected break every four hours. That’s already federal law. I really don’t understand what you are trying to present here. If a city tried to change that and make the rule a break for every three hours of work, it wouldn’t fly. City/county/state employment laws cannot supersede the federal level.
 
Old 08-24-2021, 10:45 AM
 
Location: Austin TX
11,027 posts, read 6,511,604 times
Reputation: 13259
Quote:
Originally Posted by ncole1 View Post
So you're using the rule to justify the rule. Got it.
Errr ... ok?
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