San Antonio City Council approves water-break requirement for contractors

Editor’s note: Due to a reporting error, this story misidentified the name of a Texas law struck down in the courts. The error has since been corrected.

San Antonio City Council on Thursday approved a new ordinance requiring contractors on city work sites to provide employees with water, shade and rest breaks.

The decision follows months of campaigning and community input from labor unions including the AFL-CIO and from people who work outdoors in extreme heat.

The new ordinance passed 9-2. District 10’s Marc Whyte and District 8’s Manny Pelaez voted against its adoption.

“The power is with the working class, regular-ass people of San Antonio. This is a win for all of us,” District 2 Councilman Jalen McKee-Rodriguez said during a press conference outside City Hall.

Passage of the ordinance comes after an Austin judge this week struck down Texas’ HB 2127 as unconstitutional. The law, dubbed the “Death Star bill” by opponents, would have blocked local ordinances including mandated water breaks and paid sick leave. The state is likely to appeal.

Despite the temporary court victory for San Antonio, its new water-break ordinance only applies to city contractors and not to businesses as a whole. It was scaled back after the passage of HB 2171 for fear it would be overturned in the courts.

Under the new rules, when the heat index is 95 degrees or above, employers working on city projects must allow people who toil outside, or indoors without air conditioning, to have 15-minute breaks every four hours.

Employers must also provide heat relief stations with shade and drinking water. Signs saying that workers have a right to breaks must be displayed on construction sites in English and Spanish, and businesses also must train supervisors and workers on heat standards and mitigation.

The new ordinance takes effect Friday.

“It’s a great win for workers,” said Matt Gonzales, business manager for the Laborers Local 1095 union. “It’s a good step in the right direction to ensure that workers who are working in the Texas heat have the ability to take a break, take a few minutes, get in shape and rehydrate. “

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This article appears in Aug 23 – Sep 5, 2023.