Too Hot To Handle

Many parts of California are already baking in a pre-summer heat wave, and it’s probably going to get worse since summer is set to “officially” start on June 21.

In mid-May, the Los Angeles Times reported that temperatures in some parts of Southern California shattered longstanding records: 105 degrees in Lake Elisnore, breaking a record that stood since 1927; 103 degrees in Burbank, breaking a 1976 record; and 100 degrees in Campo, breaking a 1984 record.

Flash forward to early June, and Northern California is getting a taste. The forecast is anywhere from 106 degrees to 110 degrees for the coming weekend in Sacramento, which would be record-breaking temperatures according to some news outlets. Even higher temperatures are predicted for Redding.

For those employers with outdoor workers, high temperatures are of particular concern. Heat illness is a serious problem for employees who work outside.  Heat illness can be fatal. California employers must comply with state heat illness regulations and standards.

California’s stringent heat illness standard applies to all outdoor places of employment. Special high-heat procedures apply to certain industries:

• Agriculture
• Construction
• Landscaping
• Oil and gas extraction 
• Transportation or delivery of agricultural products, construction materials or other heavy materials

Employers in these specified industries must implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. The California Code of Regulations (CCR), Title 8, section 3395, “Heat Illness Prevention,” contains the high-heat procedures and the heat illness standards.

At the beginning of April, Cal/OSHA launched its 2013 Heat Illness Prevention Program to educate workers and employers on the dangers associated with heat exposure at outdoor worksites.

The program’s goal is to prevent heat illness throughout California through greater compliance with the state’s workplace safety regulations. Cal/OSHA will conduct heat illness prevention training throughout the year.

Shane Peterson, HRWatchdog Blog Editor

In addition, HRCalifornia’s HR Library offers extensive content on heat illness prevention, including forms and checklists to help employers make their workplaces compliant.

Cal/OSHA Launches 2013 Heat Illness Prevention Campaign

At the beginning of April, Cal/OSHA launched its 2013 Heat Illness Prevention Program to educate workers and employers on the dangers associated with heat exposure at outdoor worksites. The program’s goal is to prevent heat illness throughout California through greater compliance with the state’s workplace safety regulations.

“As we enter this year’s heat season, it is important we continue our efforts to address heat illness prevention at outdoor worksites,” said Christine Baker, director of the Department of Industrial Relations (DIR), in a statement. The Division of Occupational Safety and Health, commonly known as Cal/OSHA, is a division within the DIR.

As California braces for continued high heat throughout the state, it’s important for all employers in agriculture, construction, landscaping and other outdoor industries to take basic steps to protect their workers, including such steps as providing shade and water.

Special “High Heat” procedures kick into gear when temperatures reach 95 degrees, and supervisors must take extra precautions, including observing employees, closely supervising new employees and frequently reminding workers to drink water.

Training dates start in April and end in September. Check this DIR webpage for more details.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

CalChamber members and HRCalifornia subscribers can use the HR Library’s extensive Heat Illness section to learn how to comply with Cal/OSHA’s heat illness standard. Want access? Start a free trial now.

Employers Must Post Job-Related Injuries Summary

HR Watchdog would like to remind employers that they must post a summary of job-related injuries and illnesses from 2012 at their place of business by February 1.

Employers are required to post only the summary (Form 300A) — not the Form 300 (Log) — from February 1 to April 30. The summary must list the total number of job-related injuries and illnesses that occurred in the previous year and were logged on the Form 300. Companies with no recordable injuries or illnesses in the previous year must post the summary with zeros on the “total” line. A company executive must certify all establishment summaries.

The form is to be displayed in a common area where notices to employees usually are posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.

HRCalifornia makes a free Log 300 wizard available to customers to use to determine whether a business is subject to recordkeeping requirements. Also, check out HRCalifornia's forms page for free Cal/OSHA Forms 300, 300A and 301.

CalChamber members can also get more information on Form 300 filing and posting requirements from the HR Library. Not a member? Learn about the benefits of membership.

Agencies Issue New HIPAA Proposed Rule on Wellness Programs

On November 26, 2012, the U.S. departments of Treasury, Labor, and Health and Human Services published a new proposed rule that would change the HIPAA wellness program regulations. 77 Fed. Reg. 70620

At first glance, it may appear that the proposed rule is very similar to the existing wellness rule. However, a number of changes could have significant impacts on how wellness programs are designed and administered, including:

• New limits on incentives;
• Restrictions around physician verification;
• Expansion of the reasonable alternative requirement;
• New guidelines for what is a “reasonable” program; and
• Updated language for wellness program communications. 

Employers, insurers and service providers that offer or work with wellness programs should consider whether to comment on the proposed rule and should watch for a final rule and any future guidance in 2013, in order to be ready for compliance in 2014. Comments are due January 25, 2013.

Visit this Groom Law Group webpage for a comprehensive discussion of the new proposed rules.

This article has been posted with permission from Groom Law Group, Chartered. Groom Law Group is a Washington, DC-based law firm of 60 attorneys that focuses exclusively on employee benefits issues. More information about the firm and its attorneys can be found at www.groom.com.

Weather Emergency on East Coast a Reminder to be Prepared

Hurricane Sandy is a looming emergency for much of the East Coast, causing the closure of many private and government offices and crippling transportation. 

It may be impossible to ever be completely prepared for catastrophic emergencies. But employers can take proactive measures and should also be mindful of employment law obligations.

• Plan in advance for how you will handle office closings – including who the final decision maker will be and how you will communicate the closing. Decide if there are alternative workplaces available or if employees can work from home.
• California employers must have an Emergency Action Plan in place.
• Emergency rescue personnel may be eligible for time off under California law 
• Consider pay issues for exempt and nonexempt employees related to office closures.
• Employees may be entitled to time off to deal with any serious health conditions that occurred as a result of the disaster. They may be eligible for time off for themselves or to care for family members under the Family Medical Leave Act or California Family Rights Act. Also, depending on the nature of any injury to an employee, employers may potentially need to reasonably accommodate the employee under the Americans with Disabilities Act and state Fair Employment and Housing Act.

 Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

CalChamber members can find more information on Emergency Action Plans and paying exempt and nonexempt employees during emergencies on HRCalifornia. Not a member? Learn how to join.