Background.
In 2005, California adopted emergency occupational regulations for all outdoor workers aimed at preventing heat illnesses following the heat-related deaths of four employees in the state.
According to the State's job safety
agency Cal/OSHA, these were not
isolated incidents. Indeed, just last
month, a Modesto teenager collapsed
and died after working outdoors for
eight hours, pruning vines. Doctors
learned that she was two months
pregnant.
Heat Illness Is Not Just An Outdoor Issue.
The heat illness problem is not
limited to farm and construction
workers or others who work outdoors.
Each year, Cal/OSHA
investigates and prosecutes area
employers for complaints involving
indoor workers as well. With the
outdoor temperatures often in the
triple digits, the risks to indoor
workers are considerable, but less
obvious.
Many area workplaces are not well air
conditioned and some are not air
conditioned at all. It's also not
uncommon for enclosed work settings
such as warehouses and factories to
have temperatures that soar well into
the 90's or even higher. The indoor
temperature in such workplaces can
quickly rise to unsafe heights,
especially where there are ovens,
boilers or other heavy equipment.
Likewise, when the thermometer says
90 degrees outside, often it will be
much hotter in a place such as a
warehouse, even with insulation.
Indeed, even an office where the air
conditioner has stopped working or
the cab of a delivery vehicle without
air conditioning may put employees
at risk.
Common sense dictates that
employers provide ways for their
employees to remain cool. The
State's safety laws require it. And,
the stakes are high for employers
who ignore these requirements.
Companies that don't comply face
stiff fines, workers' compensation
claims, and possible employee
lawsuits for unsafe work conditions.
Worse yet, where an employee
suffers a serious illness or dies at the
workplace, the employer will face a
host of legal problems, including
possible criminal prosecution.
According to Cal/OSHA, the failure to
comply with the state law requiring
employers to have a written Illness
and Injury Prevention Program (IIPP)
is the single most common violation
of workplace safety rules. For both
the protection of employees and to
remain in compliance, employers
must understand what is required of
them, follow the rules and train their
supervisors to monitor compliance.
What Is A "Heat Illness"?
For purposes of Cal/OSHA compliance,
a "heat illness" is defined as "a
serious medical condition resulting
from the body's inability to cope with
a particular heat load, and includes
heat cramps, heat exhaustion, heat
syncope and heat stroke". These are
considered emergency conditions of
increasing severity that can result in
death in the most serious cases.
What Must Employers Do?
· At a minimum, the law requires all
employers to have a written IIPP
which includes a provision on the
prevention of heat illness.
· The law also requires employers to
periodically meet with employees
to ascertain workplace safety
concerns and document those
meetings for later inspection by
Cal/OSHA.
· Cal/OSHA mandates management
and employee training on
workplace safety hazard
avoidance as part of the IIPP.
In addition, certain rules and
regulations address acceptable room
temperature in the case of indoor
employees, and shade, quantities of
potable water, and specialized
training requirements for outdoor
employees and their supervisors.
How Hot Is "Too Hot"?
For most workplaces, the standard is
that the work area must be
"reasonably comfortable", taking into
consideration the nature of the work
and industry-wide standards.
Where the work process is likely to
create excessive heat or humidity, an
employer is required to find a way to
reduce the temperature to one of
reasonable comfort, using all feasible
means. For outdoor workplaces, "too
hot" is measured by an employee's
subjective belief that he or she needs
a preventative recovery period to cool
off.
What Preventive Steps Are Required By Cal/OSHA?
The rules vary slightly as to indoor
and outdoor workplaces. In both
situations, awareness training of the
management team is crucial and must
be documented showing the date and
time of training, the content and a
list of those in attendance.
For indoor workplaces, there are five
"must train" preventive steps:
1) Drink water frequently
2) Rest in cooler areas
3) Give time to acclimatize
4) Knowing the signs and symptoms
of heat illness
5) Knowing the emergency steps to
take
Click here for a link to Cal/OSHA's heat illness training requirements for indoor workers.
Cal/OSHA Requirements
For outdoor workplaces, in addition to
the above, an employer also must
provide:
· At least one quart of potable
water, per person, for each hour
worked;
· Sufficient shade and time for
cooling off as necessary to prevent
and recover from heat illness;
· Training to recognize and respond
to heat related illness.
The training requirements are
detailed and specific, as are the
requirements for the written IIPP.
Our firm is ready to provide
employers with the guidance needed
to satisfy these important Cal/OSHA
regulations.