As Temperature Rises, Cal/OSHA Intensifies Enforcement Activities

This week, temperatures in some parts of the state spiked to the high 90s and low 100s. In response, Cal/OSHA will intensify its enforcement of new heat illness prevention requirements for outdoor worksites. This is the first summer that employers will have to operate under the revised heat illness regulations that went into effect on November 4, 2010.  

In a June 21 press release, Cal/OSHA Chief Ellen Widess announced Cal/OSHA’s intent to pursue employers who evade the law:

“Our program will be strategic, focusing on workers at highest risk in outdoor industries such as agriculture, construction, landscaping and locations where we expect to find serious violations.  We will be identifying and targeting employers who skirt the law at worker’s expense.”

Cal/OSHA said enforcement efforts will include statewide traveling heat sweeps, local district actions when soaring temperatures can put workers at the greatest risk, and multi-agency enforcement actions through the Economic and Employment Enforcement Coalition.

Widess also said that if Cal/OSHA discovers conditions at an outdoor worksite that  put employees at risk, the agency will shut down the worksite until the employer takes the proper steps to correct high-heat hazards.

Cal/OSHA will work with other agencies, such as the California Labor Commissioner’s Office and the Contractor’s State Licensing Board, to pursue serious enforcement actions against employers who violate health and safety and labor standards.

Cal/OSHA’s revised standards specify that shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and requires employers to provide shade whenever the outdoor temperature exceeds 85 degrees Fahrenheit. If employers can demonstrate that providing a shade structure is not feasible or is unsafe the employer can provide equivalent but alternate access to shade.

The standards also include high heat procedures whenever the temperature equals or exceeds 95 degrees Fahrenheit, and these procedures include incorporating effective communication between employees at the worksite and a supervisor, observing employees at the worksite for signs or symptoms of heat illness, reminding employees to drink water, and closely supervising new employees.

The full text of the revised heat illness standards  is on the Department of Industrial Relations' website and should be reviewed by employers.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

CalChamber members can learn what they need to do to comply with heat illness prevention requirements from HRCalifornia. CalChamber members can also use a sample Heat Illness Prevention Plan to help develop procedures to comply with Cal/OSHA heat illness regulations.

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