Dallas Proposed Rest Break Ordinance

S
Rest Break Ordinance
for Construction Workers
Presented to the Dallas City Council,
August 20, 2014
Dallas Needs a Rest Break
Ordinance
Receive no rest breaks 33%
Employer doesn’t provide drinking water 66%
Witnessed a coworker faint due to heat exhaustion 12%
Table 1: Working Conditions Reported by Dallas Construction Workers
1
1
Based on the findings of Build a Better Texas: Construction Working Conditions in the Lone Star State, University of
Texas Division of Diversity and Community Engagement, January 2013.
2
“OSHA’s Campaign to Prevent Heat Stress in Outdoor Workers,” US Department of Labor, OSHA, accessed
June 19, 2014, http://www.osha.gov/SLTC/heatillness/index.html.
2
OSHA recommends that workers laboring in the heat, especially during the
summer, be granted frequent rest breaks and that each worker be provided
with clean drinking water throughout the workday.
2
Dallas Construction Workers
Speak
“I’ve seen people throw up, people fall, fainting because they
wouldn’t get a rest break.” – Modesto Suret
“Your body feels like it’s suffocating. I felt dizzy, my eyes got
blurry. I felt nauseous.” – Billy Tirado
3
Without frequent breaks, heat
can be hazardous
 The body’s usual cooling mechanisms – blood circulation and
sweating – are not effective
 The body cannot get rid of excess heat, leading to increased heart
rate and rise in body’s core temperature;
 Symptoms of heat-related illness include headaches, nausea,
dizziness, fainting or worse.
 Between 2008 and 2012, at least 18 Texas workers died as the
result of a heat-related illness – over 50% of which worked in
construction.
3
4
3
“OSHA’s Campaign to Prevent Heat Stress in Outdoor Workers,” US Department of Labor, OSHA, accessed June
19, 2014, http://www.osha.gov/SLTC/heatillness/index.html.
Without frequent breaks, heat
can be hazardous
Table 2: Reported Heat Related Illness by Type, Dallas County
4
5
4
“Heat-Related Illness Surveillance Report: Week 31 ending August 2, 2014,” Dallas County Health and Human
Services, accessed August 12, 2014, http://www.dallascounty.org/department/hhs/documents/Heat-
relatedIllnessReportWeek318.2.14_000.pdf.
Dallas County Health and Human Services reports 125 cases of heat-
related illness since May 4, 2014.
Lack of Rest Breaks Carries a
Social Cost
Table 3: Potentially Preventable Dehydration Hospitalizations, Dallas County
5
6
5”
Dallas County: Potentially Preventable Hospitalizations,” Texas Department of State Health Services,
accessed August 12, 2014, http://www.dshs.state.tx.us/ph/county.shtm
In 2012 alone, there were 1,625 potentially preventable
hospitalizations for dehydration in Dallas County. The estimated
average charge per hospitalization exceeded $20,000.
# of Hospitalizations 2007-2012
2012 2007-2012
Avg. Hospital
Charge
Total Hospital
Charges
1,625 7,040 $20,601 $145,028,426
Dallas Workers Have No Right
to a Break
 Neither federal law nor Texas law requires employers to
provide rest breaks.
 Although OSHA recommends that workers be given short,
frequent breaks to prevent heat-related illness, the agency
does not require rest breaks.
 However, 8 states and 1 Texas city have passed rest break
legislation.
7
Basic Elements of a Rest Break
Ordinance
 Minimum 10 minutes of rest for every four hours construction work
performed.
 Flexibility to accommodate the ebb and flow of work.
 Signage in English and Spanish on all worksites about the ordinance.
 Mechanism for city officials to assess meaningful penalties for
violations.
 Clear and concise definition of employees and employers covered by
the ordinance.
8
Reporting and Enforcement
Lessons learned:
 Important for there to be a
confidential means to report
potential violations (3-1-1).
 Makes most sense for the city
department that already inspects
construction sites to be
responsible for enforcement.
9
Good for workers, good for
business.
 Workers who receive frequent rest breaks are more efficient
and less likely to experience injury.
 Rest breaks help prevent the costly work-stoppages and
project delays that result from workplace accidents.
 Director of Austin’s Public Works Department, reports that
complying with city’s rest break ordinance has not resulted
in extra expense for his department.
6
10
6
Conversation with Howard Lazarus, Director of Public Works, City of Austin, July 29, 2014.
 Majority of construction employers already do
provide rest breaks to their workforce, this law
would have minimal impact on them.
 Benefits responsible businesses by ensuring that
all construction employers are held to the same
minimum standard.
 Addresses a core public health concern.
 Sends a clear message that all construction
workers building this city have the basic right to
rest.
Low cost, common sense
solution
11
Ensuring Rest Breaks for Dallas
Construction Workers
uurlng Lhe summer, Lhe ClLy of uallas regularly experlences average temperatures
exceed|ng 100º I. Workers laborlng ouLslde ln such condluons are aL greaL rlsk of ln[ury
and lllness due Lo heaL exhausuon or heaL sLroke. 8eLween 2008 and 2012, aL leasL 18
1exas workers dled as Lhe resulL of a heaL-relaLed lllness, over S0¼ of wh|ch were
construcnon workers.
1
CSPA recommends LhaL workers laborlng ln Lhe heaL, especlally durlng Lhe summer, be
granLed shorL, frequenL resL breaks and LhaL each worker be provlded wlLh clean drlnklng
waLer LhroughouL Lhe workday.
2
Powever, nelLher federal law nor 1exas law requlres
employers Lo provlde resL breaks.
Many Da||as construcnon workers current|y go w|thout rest breaks or water on the [ob:


!
"CSPA's Campalgn Lo ÞrevenL PeaL SLress ln CuLdoor Workers: Map of PeaL laLallues," uS ueparLmenL of Labor, CSPA,
accessed !une 19, 2014, hups://www.osha.gov/SL1C/heaullness/map_LexL.hLml
2
ºCSPA's Campalgn Lo ÞrevenL PeaL SLress ln CuLdoor Workers," uS ueparLmenL of Labor, CSPA, accessed !une 19, 2014,
hup://www.osha.gov/SL1C/heaullness/lndex.hLml.
3
8ased on Lhe ñndlngs of #$%&' ( #)*)+ ,)-(./ 012.3+$4512 61+7%28 012'%512. %2 39) :12) ;3(+ ;3(3), unlverslLy of 1exas
ulvlslon of ulverslLy and CommunlLy LngagemenL, !anuary 2013.
33% of Da||as construcnon workers report rece|v|ng no rest breaks dur|ng the|r
workday bes|des |unch,
66% of Da||as construcnon workers report that the|r emp|oyers fa|| to prov|de dr|nk|ng
water at the|r works|te, and
12% of Da||as construcnon workers report that they have w|tnessed a co-worker fa|nt
on the [ob due to heat exhausnon.
3
A rest break ord|nance |n Da||as wou|d beneht the c|ty, |ts construcnon workers, and |oca|
construcnon emp|oyers. Well-resLed workers commlL fewer accldenLs, resulung ln fewer
ln[urles and cosLly work-sLoppages.

Da||as needs a rest break ord|nance that |nc|udes the fo||ow|ng:
! A mlnlmum 10 mlnuLe resL break aparL from lunch requlred for every 4 hours of
consLrucuon work,
! 8equlred slgnage on workslLes so workers know of Lhelr rlghLs under Lhe ordlnance
and how Lo reporL vlolauons,
! A mechanlsm for workers Lo reporL vlolauons conñdenually, and
! Meanlngful penalues Lo lncenuvlze compllance.

lor more lnformauon, conLacL:
!uan Cardoza-Cquendo
[uan[workersdefense.org
972-479-3080, x8038
 
 

Dallas Rest Break Ordinance FAQs

1. Why does Dallas need a rest break ordinance for construction workers?
Too many Dallas construction workers are currently not receiving rest breaks on
the job. Rest breaks are necessary to prevent heat-related illness, injuries, and
accidents. For this reason, OSHA recommends that workers laboring in the heat be
given short, frequent breaks throughout the workday to rest, cool off, and drink
water. A study published by the University of Texas-Austin in 2013, however,
found that only 33% of Dallas construction workers reported receiving rest
breaks apart from lunch. We need to put a law in place in order to guarantee this
1
basic protection for workers.

2. What would a rest break ordinance require?
The ordinance would require that construction workers received a minimum rest
break apart from lunch during their workday. It would also require employers to
post signs at the worksite informing workers of their right to a break and letting
workers know how they can anonymously report violations of the ordinance to
city officials. It’s up to City Council to determine the local solution that makes the
most sense for Dallas , but most rest break legislation guarantees workers a
minimum break of 10 minutes, apart from lunch, for every four hours of work.

3. Aren’t rest breaks already guaranteed under federal or state law?
Dallas construction workers currently have no legal right to a rest break under
either federal or state law. Although OSHA recommends that workers be given
sufficient breaks to rest and drink water, OSHA regulations do not require that
employers actually provide these breaks. If our city officials agree that the
workers building our city deserve a guaranteed rest break, they have the full
authority to give construction workers that right.

4. Why don’t construction workers get rest breaks?
There are many model construction companies in Dallas who invest in their
workforce, prioritize workplace safety, and already provide rest breaks to their
employees. Too many contractors, however, choose to cut corners on safety when
1
Based on the findings of Build a Better Texas: Construction Working Conditions in the Lone Star State, University
of Texas Division of Diversity and Community Engagement, January 2013.
1
Updated 8/12/14
 
 
they are running up against a deadline. If a contractor is behind on a project, they
should not be allowed to endanger workers’ safety by forcing their employees to
work without a break. A rest break ordinance would create a minimum standard
for everyone, so that high-road employers who want to do right by their
employees aren’t placed at a disadvantage.

5. Won’t this ordinance cost the city a lot of money to implement?
City inspectors already visit construction sites regularly to ensure that
construction companies comply with city permitting and code requirements. This
ordinance would simply require those inspectors to check for one more sign and
ask workers and the superintendent one additional question about whether rest
breaks are being provided during their routine worksite visits.

6. Will requiring rest breaks be bad for business?
A rest break ordinance supports the many responsible construction businesses
that already provide rest breaks to their employees by making sure that all
businesses are held to that same minimum standard. Moreover, workplace
accidents and injuries cause costly work stoppages and delay projects.
Well-rested workers commit fewer accidents, are less likely to be injured on the
job, and are actually more productive. Projects are more likely to be completed on
time when workers are given short, frequent breaks to rest.

7. Doesn’t this issue only impact undocumented workers who don’t know their
rights?
Currently, no construction workers in Dallas have the right to a rest break, so this
problem has nothing to do with whether someone knows his or her rights. In
addition, when contractors deny their workers rest breaks, they are most likely to
deny rest breaks to their entire crew - documented and undocumented workers
alike.

8. Won’t this ordinance disrupt the completion of time-sensitive construction
tasks, like pouring concrete?
A rest break ordinance can be crafted to allow employers the discretion to
determine when to grant their workers a rest break, so as to not interfere with
the ebb and flow of work. The City of Austin ordinance, for example, requires that
the rest break be provided any time within the first 3.5 hours of work. The
2
Updated 8/12/14
 
 
ordinance does not require all workers on the site to take their break at the same
time, so contractors can use tag-in/tag-out procedures during time-sensitive
tasks like pouring concrete. Many contractors already use these procedures to
accommodate workers’ needs to use the restroom.

9. Why does the ordinance only impact construction workers and not other
workers who work outdoors (lifeguards, landscapers, electrical/telecom
installers, etc?)
Sound policy comes from sound statistical data. Between 2008 and 2012, at least
18 Texas workers died as a result of a heat-related illness, over 50% of which
were construction workers. The 2013 study published by UT-Austin found that
2
33% of surveyed Dallas construction workers reported not receiving rest breaks.
3
We have reliable data showing that this issue impacts local construction workers,
so we need to act to protect local construction workers.

10. Will this ordinance really have an impact?
The UT-Austin conducted a study of Austin construction workers in 2009 and
found that 41% of surveyed workers reported not receiving rest breaks. When
4
UT conducted a different survey in 2012, two years after the Austin rest break
ordinance passed, researchers found that 21% of Austin workers reported not
receiving rest breaks. It is impossible for researchers to determine the full
5
impact of policy measures like a rest break ordinance. That being said, passing
such a law certainly sets a minimum standard, sending the message to workers
and employers that providing rest breaks is both necessary and expected.




2
 “OSHA’s Campaign to Prevent Heat Stress in Outdoor Workers: Map of Heat Fatalities,” U.S. Department of
Labor, OSHA, accessed June 19, 2014, https://www.osha.gov/SLTC/heatillness/map_text.html. 
3
 Based on the findings of Build a Better Texas: Construction Working Conditions in the Lone Star State, University
of Texas Division of Diversity and Community Engagement, January 2013.
4
 Building Austin Building Injustice: Working Conditions in Austin’s Construction Industry, University of Texas
Division of Diversity and Community Engagement, June 2009.
5
 Based on the findings of Build a Better Texas: Construction Working Conditions in the Lone Star State, University
of Texas Division of Diversity and Community Engagement, January 2013.
3
Updated 8/12/14

How Dallas Measures Up
1


Texas construction is a deadly and dangerous industry. More construction workers are
killed on the job in Texas than in any other state.
i
Between 2007 and 2011, 585 construction
workers died in Texas, compared to 299 in California, which had a larger construction population.
ii

Between 2003 and 2010, construction accounted for an average of 6% of the Texas workforce,
iii
but
26% of total workplace fatalities.
iv
In other words, a Texas construction worker is 4.5 times
more likely to be killed on the job than the average Texas worker.

Workplace abuses faced by construction workers are often even more widespread in Dallas
than they are in other Texas cities.

Heat Safety: Rest Breaks and Water
OSHA recommends that workers laboring in the heat, especially during the summer, be granted
frequent rest breaks and that each worker be provided with clean drinking water throughout the
workday.
v
Although federal law requires employers to provide their workers drinking water,
66% of Dallas respondents said that their employers failed to do so. Many workers were
expected to bring their own water or go without. Thirty-three percent of Dallas workers
surveyed reported receiving no rest breaks during their workdays besides lunch.

Table 1: Working Conditions Reported by Dallas Construction Workers





Lack of Safety Training
A lack of safety knowledge further compounds safety conditions on construction sites. An
astounding 66% of surveyed Dallas workers had never received an OSHA-certified safety
training class that covers basic safety issues workers may encounter on construction sites.
OSHA recommends that all construction workers receive this basic training to prevent injury on the
job. Additionally, only 17% of workers reported receiving first aid and CPR training.

Table 2: Dallas Workers Lack Knowledge of Basic Worksite Safety
Workers lacking OSHA 10-hour safety training 66%
Workers lacking CPR/first aid training 83%



"
How Dallas Measures Up is based on the findings of Build a Better Texas: Construction Working Conditions in the Lone Star
State, University of Texas Division of Diversity and Community Engagement, January 2013. Build a Better Texas presented
over a year of research conducted by a team of researchers from Workers Defense Project, faculty from the University
of Texas at Austin, and faculty from the University of Illinois at Chicago. The report examined data collected from
primary and secondary sources, including surveys with 1,194 construction workers in Austin, Dallas, Houston, and San
Antonio, 35 interviews with construction workers, construction employers, contractors, and developers, and data from
state and federal government agencies. Findings focused on conditions in the vertical construction industry (the
construction of buildings). All data presented is from the Build a Better Texas data set unless otherwise noted.
Receive no rest breaks 33%
Employer doesn’t provide drinking water 66%
Witnessed a coworker faint due to heat exhaustion 12%


How Dal l as Measures Up
Workers Defense Project
2
Figure 1: Workers Who Have Completed OSHA-10 Training


Retaliation
For many workers, reporting worksite hazards or even being injured can lead to retaliation. Sixty-
four percent of Dallas workers reported seeing unsafe conditions on their worksites, such as
poorly constructed scaffolds, unstable ladders, and workers using tools or machinery improperly. Of
the workers surveyed, more than three-quarters did not report the hazard, frequently citing fear of
retaliation as their reason.

Figure 2: Workers Who Have Either Seen or Experienced Workplace Retaliation


It is up to construction employers to create a culture of safety on their worksites. For dangerous
working conditions to be corrected, workers must not only be trained to recognize worksite hazards,
but also be confident that they can report unsafe conditions without retaliation. When employers
cut corners with safety, do not provide drinking water and rest breaks, or fail to ensure
workers have safety training, they expose workers to avoidable hazards that result in high
rates of injuries and fatalities.

Few Employers Provide Workers’ Compensation or Medical Insurance
Despite the high incidence of work-related injuries in construction, Texas law allows employers to
choose not to carry workers’ compensation coverage, even in a dangerous industry like construction.

#$#%
"#$#%
&#$#%
'#$#%
(#$#%
)#$#%
*#$#%
+,-./0 12332- 43 52-6 76,-.60 820 +0.60/6
#$#%
)$#%
"#$#%
")$#%
&#$#%
&)$#%
+,-./0 12332- 43 52-6 76,-.60 820 +0.60/6


How Dal l as Measures Up
Workers Defense Project
3
While nearly one in five Dallas workers has suffered a workplace injury requiring medical
attention, only 28% of surveyed workers reported that their employer provided workers’
compensation insurance or an alternate plan. Furthermore, although employers are required by
law to inform employees if they do not carry workers’ compensation, 97% of survey respondents
indicated that their employers failed to do so.
vi


Figure 3: Employer Carries Workers’ Compensation


Employers are even less likely to provide health insurance to Dallas construction workers than they
are workers’ compensation. Only 15% of surveyed Dallas workers reported that they are
covered by employer-based medical insurance.

Figure 4: Worker Receives Medical Insurance Through Employer


When employers fail to provide health insurance or workers compensation for their employees,
workers or hospitals are left to pay for expensive medical costs of work-related injuries. Prohibitive
out-of-pocket medical expenses force workers to make difficult choices surrounding the health and
security of their families. Many surveyed workers indicated that they did not seek needed medical
#$#%
"#$#%
&#$#%
'#$#%
(#$#%
)#$#%
*#$#%
+,-./0 12332- 43 52-6 76,-.60 820 +0.60/6
#$#%
)$#%
"#$#%
")$#%
&#$#%
&)$#%
'#$#%
')$#%
(#$#%
+,-./0 12332- 43 52-6 76,-.60 820 +0.60/6


How Dal l as Measures Up
Workers Defense Project
4
attention following a workplace injury because they were worried about cost, and many are still
experiencing health problems as a result.

Access to Resources
State and federal agencies play a critical role in enforcing protections for workers. However, the
majority of Dallas workers surveyed indicated that they were not familiar with either the U.S.
Department of Labor (DOL) or the Texas Workforce Commission (TWC), the two entities charged
with investigating and enforcing labor law violations. This lack of familiarity indicates that when
workers experience workplace abuses, few are able to report them. As a result, violations go
unchecked for the majority of construction workers.

Table 3: Dallas Workers’ Knowledge of Worker Protection Agencies
Has not heard of Occupational Safety and Health
Administration (OSHA)
37%
Has not heard of Department of Labor (DOL) 73%
Has not heard of Workers’ Compensation
Division (WCD) or Texas Department of
Insurance (TDI)
76%
Has not heard of Texas Workforce Commission
(TWC)
68%

Workers were more likely to be familiar with OSHA than other agencies, but rarely reported
violations to any agency. Many workers lacked knowledge of how to make a complaint with OSHA,
and others feared they would be retaliated against if their employer knew they had made the report.

Table 4: Worker Has Heard of Worker Protection Agencies
OSHA DOL TDI/WCD TWC
Austin 90.8% 26.5% 27.5% 36.7%
Dallas 62.7% 26.5% 24.2% 32.2%
El Paso 86.7% 38.7% 26.7% 45.2%
Houston 85.5% 40.6% 30.8% 25.8%
San Antonio 78.5% 47.8% 40.1% 50.0%

Bui l d a Bet t er Texas researchers found numerous health and safety violations on nearly
every Dallas construction site they visited.
vii
Many construction sites never see inspectors, and
the unsafe conditions found by researchers remain the norm on worksites throughout the city.



i
“Census of Fatal Occupational Injuries [2007-2011, fatal injury counts by state],” US Department of Labor, BLS, accessed October 12, 2012,
ii
US Department of Labor, BLS.
iii
St. Louis Fed, “Federal Reserve Economic Data, 2003-2010,” accessed November 12, 2012, http://research.stlouisfed.org/.
iv
“Census of Fatal Occupational Injuries [Texas, 2003-2011],” US Department of Labor, BLS, accessed October 12, 2012,
http://www.bls.gov/iif/oshstate.htm.
v
“ OSHA’s Campaign to Prevent Heat Stress in Outdoor Workers: Map of Heat Fatalities,” US Department of Labor, OSHA, accessed October 15,
2012, http://www.osha.gov/SLTC/heatillness/index.html.
vi
Texas Administrative Title Code, Title 28: Insurance, chapter 110.1 and 110.101.
vii
See Appendix E of Build a Better Texas for safety violation data.
Figure 4. Daily Temperatures versus Heat-Related Illness Reports in Dallas, 2014






Week Ending 6/14 6/21 6/28
7/5 7/12 7/19 7/26 8/2
Total
MMWR Week 24 25 26 27 28 29 30 31
Heat Cramps 0 5 2 1 8 5 14 4 38
Heat Exhaustion 2 15 2 4 9 3 16 2 58
Heat Stroke 1 2 1 0 4 1 5 0 16
Deaths* 0 0 0 0 0 0 0 0 0
Total Heat-Related Illness Cases 3 22 5 5 21 9 35 6 125
Figure 1. Reported Heat-Related Illness (HRI) by Type
*Includes only deaths which have been confirmed by Medical Examiner’s office as heat-related.
Peak temperatures forecasted for this weekend are in the upper 90sºF with overnight lows predicted to be in the upper 70sºF.
Data obtained from hospitals participating in the Electronic Surveillance System for the Early Notification of Community-based Epidemics
(ESSENCE) from May 4, 2014 through the present. Depicted are the numbers of patients presenting to Emergency Departments in Dallas
County hospitals with heat-related chief complaints. Data also obtained from reports received from Dallas County Medical Examiner’s Office.
Figure 3. HRI Reports by Contributing Factors

Heat-Related Illness Surveillance Report


Week 31 ending August 2, 2014
Dallas County Health and Human Services
Figure 2. HRI Reports by Gender and Age
Low Temperature
High Temperature
N
u
m
b
e
r

o
f

C
a
s
e
s

H
i
g
h
/
L
o
w

T
e
m
p
e
r
a
t
u
r
e
s

(
º
F
)

RESOLUTION NO. 20100624-087
WHEREAS, the City Council of the City of Austin passed a resolution in
October 2009 related to construction worker safety that began a series of efforts to
improve construction site safety; and
WHEREAS, rest breaks and provision of drinking water for construction
workers are necessary for the health and safety of workers; and
WHEREAS, federal regulations under the Occupational Safety and Health
Act include a requirement that drinking water be provided to workers on
construction sites; and
WHEREAS, the Occupational Safety and Health Administration currently
enforces laws related to construction site safety, including the provision of
drinking water; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
The City Manager is directed to work with the City' s Legal Department to
develop an ordinance requiring (1) rest breaks at regular intervals for construction
workers at construction sites within the City, and (2) provision of drinking water
for construction workers at construction sites within the City, provided the City has
the legal authority to require it.
BE IT FURTHER RESOLVED:
The City Manager is hereby directed to place the ordinance on the City
Council agenda for July 29, 2010, with the provision t hat it should be immediately
effective upon passage.
ADOPTED: June 24, 2010 ATTEST:
Shirley
City
A. Gentry
Clerk
ORDINANCE NO. 20100729-047
AN ORDINANCE AMENDING TITLE 4 OF THE CITY CODE TO ADD A NEW
CHAPTER 4-5 RELATING TO WORKING CONDITIONS AT CONSTRUCTION
SITES; CREATING AN OFFENSE AND IMPOSING A MAXIMUM PENALTY
OF $500 FOR EACH OFFENSE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
PART 1. Title 4 (Business Regulation and Permit Requirements) of the City Code is
amended to add a new Chapter 4-5 to read:
CHAPTER 4-5. WORKING CONDITIONS AT CONSTRUCTION SITES.
§ 4-5-1 DEFINITIONS.
(1) CONSTRUCTION SITE means a site or structure for which a building permit
or site plan has been issued under Title 25 (Land Development Code) for an
existing or proposed use.
(2) CONSTRUCTION ACTIVITY means all work associated with construction,
including but not limited to work involving the alteration, demolition, building,
excavation, maintenance, and renovation of structures or sites.
(3) DEPARTMENT means the department designated by the city manager.
(4) EMPLOYEE means any person employed by the employer.
(5) EMPLOYER means an individual, partnership, association, corporation,
business trust, or any person or group of persons who directly or indirectly,
through an agent, or any other person or employee, exercises control over the
wages, hours or working conditions of any person.
(6) ESTABLISHMENT means a single physical location to which employees
report each day.
(7) HOURS WORKED means the time during which an employee is subject to the
control of an employer and includes all the time the employee is required or
permitted to work, whether or not required to do so.
(8) REST BREAK means a break from work within working hours, during which
an employee may not work. The term excludes any regular meal period
provided by the employer.
Page 1 of 3
§ 4-5-2 REST BREAK REQUIRED.
(A) Except as provided in Subsection (B), an employee performing construction
activity at a construction site is entitled to a rest break of not less than ten (10)
minutes for every four (4) hours worked. No employee may be required to
work more than 3.5 hours without a rest break.
(B) An employee is not entitled to rest breaks under Subsection (A) of this section
on any day that the employee works less than 3,5 hours or spends more than
half of his or her work time engaged in non-strenuous labor in a climate-
controlled environment.
(C) An employer shall provide rest breaks in accordance with the requirements of
this section. A rest break shall be scheduled as near as possible to the midpoint
of the work period.
§ 4-5-3 SIGNAGE REQUIRED.
(A) A sign describing the requirements of Section 4-5-2 (Rest Break Required) in
English and Spanish shall be posted by the employer in each establishment
subject to Section 4-5-2 in a conspicuous place or places where notices to
employees are customarily posted.
(B) The department shall prescribe by rule the size, content, and location of signs
required under Subsection (A) of this section.
§ 4-5-4 CRIMINAL PENALTY.
(A) A person commits a Class C misdemeanor if the person:
(1) fails to provide a rest break as required under Section 4-5-2 (Rest Break
Required); or
(2) fails to post signage required under Section 4-5-3 (Signage
Requirements).
(B) Proof of a culpable mental state is not required to prove an offense under this
chapter.
(C) Each day that a violation occurs or continues is a separate offense.
§ 4-5-5 CIVIL REMEDIES.
(A) The city council has determined that this chapter is necessary to protect health,
life, and property and to preserve the good government, order, and security of
the City and its inhabitants.
Page 2 of 3
(B) A person who continues to violate this chapter after being notified of the
offense in writing by an authorized City representative is subject to a civil
penalty of not less than $100 or more than $500 for each day the violation
occurs.
(C) The City may file suit to enforce this chapter or collect a civil penalty.
(D) The City may seek to enjoin violations of this chapter,
§ 4-5-6 CUMULATIVE REMEDIES.
The remedies authorized under this article are cumulative. If the City files a civil or
criminal action, it is not precluded from pursuing any other action or remedy.
PART 2. The council finds that the need to ensure employee rest breaks at
construction sites constitutes an emergency. Because of this emergency, this ordinance
takes effect immediately on its passage for the immediate preservation of the public
peace, health, and safety.
PASSED AND APPROVED
APPRO
Acting City Attorney
Shirle
Cil
r A. Gentry
y Clerk
Page 3 of 3
YOU HAVE THE RIGHT TO A
REST BREAK IN AUSTIN
THE LAW:
You have the right to rest 10
minutes for every 4 hours
worked. This does not include
lunch breaks.
Your construction sites must also
have signs in Spanish and English
that state this right in a
conspicuous place.
EMPLOYERS:
Anyone who continues to violate the requirements of this ordinance after
being notifed of the offense in writing by the City is subject to a civil
penalty of not less than $100 or more than $500 for each day the
violation occurs.
• File a complaint at the Municipal Court
found at 700 E. 7th. St.; or go to their
website for more information: http://
www.austintexas.gov/department/
fling-citizencomplaint
• Call 3-1-1 and give the following
information: (1) Name of the business,
(2) the address of the construction
site
NO BREAKS? FILE A COMPLAINT:
ATTENTION
CONSTRUCTION WORKERS
Austin Code Compliance Rest Break Investigation
Protocol


Code Compliance receives Rest
Break/signage complaint from
3-1-1
Code Compliance Officer goes
to site and announces himself or
herself to superintendent
Officer interviews workers and
superintendent. If Rest
Breaks/signage not met, officer
delivers notice of complaint to
subcontractor and agent of corp.

Officer returns 5 days later and
interviews workers
again/checks signage.
If issue corrected, Officer
closes investigation
If issue NOT corrected,
Officer issues a citation to
subcontractor or registered
agent of corporation
If a complaint,
complainant notified
that investigation is
closed
If anonymous
complaint, worker will
not be notified. WDP
can follow-up.
Contractor receives fine
between $100 and $500 from
judge for every day not in
compliance
Officer closes investigation
Code Inspector visits random
job sites to check for rest break
compliance
 
RESEARCH BRIEF:
The impact of rest breaks on worker health, safety, and productivity

This brief summarizes significant research on impact of rest breaks on worker health, safety, and
productivity covering a range of industries and occupations that carry different physical and mental
strains for workers. The studies examined in this brief employ a variety of methodologies, including
analysis of injury records, interviews with injured workers, empirical studies, and statistical analysis.
Though they differed greatly in their methodology, researchers consistently found that rest breaks are
key to counteracting the effects of continuous exertion during the workday, especially in tasks that
involve significant manual labor.

EFFECTS ON WORKER HEALTH AND SAFETY
● One study examining the trends in risk at a large manufacturing plant found that “an accident was
more than twice as likely to occur” after two hours of continuous work (Tucker, 2003). The same
study found that “risk immediately following a break was reduced to a level close to that
observed at the start of the preceding period of work.”
● A study investigating the relationship between rest breaks and time to injury using a nationally
representative sample of injured workers from US emergency room departments found that
“Workers without rest breaks worked a median 3.0 hours before the injury… whereas workers
with longer total rest break time were able to work significantly longer into their workday
without an injury (Wirtz, 2011).” This study shows is that workers face an increasing risk of injury
throughout the workday, but they are likely to be injured much earlier in the day if they do not
receive rest breaks. The study concluded that “accumulated work-related fatigue can be at least
partially reversed by rest breaks.”
● Lilley et al., in a study of forestry workers’ self-reported fatigue and its relationship to
workplace accidents, found there to be a significant association between “self-reported
near-misses [near-accidents on the job] in the previous 12 months and the level of fatigue
experienced at work (2002).” Further, the study confirmed “that reporting of fatigue was
significantly associated with… the number of breaks [workers received during their shifts].”
Lilley’s study concluded that “impairment due to increased fatigue may constitute a significant
risk factor for accidents and injuries.”
● According to Lilley et al., “Although workers appear to be aware of fatigue, they apparently
underestimate its potential impact on their safety (Lilley, 2002).” While data from the study
demonstrated a strong relationship between fatigue and accident occurrence, respondents
[forestry workers] rarely “reported that they believed fatigue played a role in more serious
adverse outcomes.” These results indicate that workers should be granted regularly scheduled
rest breaks, as they may be unaware of the effect fatigue is having on their ability to remain safe
while working.

 
 
1 
 
 
EFFECTS ON PRODUCTIVITY
● A study comparing workers in a processing plant receiving additional rest breaks and those using
the plant’s usual rest break schedule found that “production improved significantly (25-30%)”
later in the work shift over workers who had received fewer rest breaks (Dababneh, 2001). The
study went on to explain that “workers will tolerate certain levels of fatigue and will protect
their output from declining by investing more resources and working harder. This behavior will
hold until fatigue reaches a level at which workers cannot work any harder; then their output will
drop significantly.”
● Another study, analyzing the impact of rest breaks on workers’ fatigue, discomfort, and
productivity using provision of regular rest breaks as an intervention, found that symptoms of
fatigue and discomfort were lessened for workers receiving rest breaks, while similar levels of
productivity were maintained between the two groups (Faucett, 2005).
● Wen Yi and Albert P. Chan used biometric data from nearly three hundred construction workers
to calculate the average heat tolerance time for construction workers (2013). Using this index,
the researchers calculated that, to remain safely within their heat tolerance limits and maximize
productivity, construction workers should receive a 15-minute break roughly every two hours.

CITATIONS
Dababneh, Awwad J. et al, “Impact of added rest breaks on the productivity and well being of workers,”
Ergonomics [journal], 44 no. 2 (2001) 164-174.

Faucett, Julia, et al, “Rest break interventions in stoop labor tasks,” Applied Ergonomics [journal], 38,
(2007) 219-226.

Lilley, Rebbecca, et al, “A survey of forest workers in New Zealand: Do hours of work, rest, and recovery
play a role in accidents and injury?” Journal of Safety Research, 33 (2002) 53-71, accepted 1
August 2001.

Tucker, Philip, “The impact of rest breaks upon accident risk, fatigue and performance: a review,” Work
and Stress [journal], vol. 17 (April-June 2003) 123-137.

Wirtz, Anna, et al, “The effect of rest breaks on time to injury - a study on work-related ladder-fall
injuries in the United States,” Scandinavian Journal of Work, Environment & Health, vol. 32 (2006)
75-84; vol. 37 (2011) 173-185.

Yi, Wen and Albert Chan, “Optimizing work-rest schedule for construction rebar workers in hot and
humid environment,” Building and Environment [journal], 61 (2013) 104-113.
 
 
2 
 

Sample Rest Break Legislation
State/City Rest Break Law Enforcing Agency
California
In addition to a lunch break, employees receive a paid 10-minute
rest period for each 4 hours worked. Workers have a right to penalty
pay of 1-2 hours’ pay each day that they do not get their breaks
California Division of Labor Standards
Enforcement
Colorado
In addition to a lunch break, employees receive a paid 10-minute
rest period for each 4-hour work period.
Colorado Department of Labor and
Employment
Kentucky
In addition to a lunch break, employees receive a paid 10-minute
rest period for each 4-hour work period. Law also provides for a
private right of action.
Kentucky Department of Labor Division of
Employment Standards
Nevada
In addition to a lunch break, employees receive a paid 10-minute
rest period for each 4 hours worked.
Nevada Office of the Labor Commissioner
Oregon
In addition to a lunch break, employees receive a paid 10-minute
rest period for every 4-hours worked. Rest break must be
uninterrupted
Oregon Bureau of Labor and Industries
Washington
In addition to a lunch break, employees receive a paid 10-minute
rest period for each 4-hour work period. Workers can take several
mini-breaks (totaling 10 minutes) during 4 hours of work instead of
one ten-minute rest break.
Washington State Department of Labor
and Industries, Employment Standards
Office
Austin, Texas
Employees performing construction activity at a construction site
are entitled to a rest break of not less than 10 minutes for every four
hours worked.
Code Compliance Department

For more information, please see: http://www.dol.gov/whd/state/rest.htm