We Know It’s Cold Outside But …

Cal/OSHA just announced citations against two California farm labor contractors. The agency cited the contractors for cases of heat illness affecting two employees this past summer — one employee died and the other employee was a minor.

Cal/OSHA revised its heat illness standards in the fall of 2010. This past summer was the first time that employers with outdoor worksites needed to put those standards into action. The new regulations require:

• Employers to provide all employees with training on the risks and prevention of heat illness, including how to recognize symptoms and how to respond when they appear.
• Additional training to be provided to supervisors.
• High heat procedures for dealing with temperatures of 95 degrees or above.

In the first case, a 47-year-old male collapsed in a cantaloupe field and later died after being airlifted to a nearby hospital. Prior to his collapse, the employee was packaging cantaloupes, loading 40-pound boxes on a trailer and driving a tractor in 102-degree heat and high humidity.

A Cal/OSHA investigation revealed that the employer did not provide employees or supervisors the required training on how to identify and treat symptoms of heat illness. According to the investigation, the employer also failed to follow its own Heat Illness Prevention Program — including having emergency medical procedures in place in case of severe heat illness.

The citations included willful, serious and general violations and penalties amounting to more than $74,000. Cal/OSHA issues a willful violation when the investigation reveals that the employer is aware of a hazardous condition and makes no reasonable effort to eliminate the hazard.

The second case involved a 16-year-old farm worker who was picking bell peppers with his guardians in a field when he began suffering heat illness symptoms. The temperature in the field reached 105 degrees that evening when the crew began work. The supervisor noted the worker’s symptoms but did not seek medical assistance for the worker. The worker later recovered.

Cal/OSHA found that the employer did not provide adequate water, shade, rest breaks or first aid kits at the worksite. The employer also did not provide the required training to employees or supervisors. Further, the employer lacked procedures to protect employees in high heat conditions and procedures to summon emergency assistance, if needed.

The employer received six serious violations and one general violation, with a total penalty of more than $61,000. The case was also referred to the Division of Labor Standards Enforcement, which also issued citations against the employer for two child labor violations — one for failing to maintain a permit, and one for putting the minor to work outside the permitted work hours for a minor.

CalChamber members can get more information on heat illness prevention, including a form to develop a personalized plan, from HRCalifornia.com. Not a CalChamber member? Sign up for a 15-day Free Trial.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel