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.

Amendments to ‘Job Killer’ Make Heat Illness Bill Even Worse

Recent amendments to a California Chamber of Commerce-opposed ‘job killer’ bill make the bill even more detrimental, creating unprecedented and excessive consequences for perceived and actual violations of heat illness prevention regulations.

AB 2346 (Butler; D-Los Angeles) could also increase the price of food and force growers to move their crop production to other states and countries, thereby hurting California exports.

The provisions of the bill create traps and a ‘gotcha’ cycle from which it could be difficult for employers to exit. Among the bill’s onerous provisions that opponents find most egregious are:

• Creates a broad new private right of action even when no violation has been found by Cal/OSHA. 
• Creates joint liability along with a repeat offender provision for any violation—even paperwork.
• Creates a very low bar to meet a presumption of fraud, which in civil law is a very high standard.
• Creates a new unprecedented, undefined requirement to certify the availability of a program and equipment to comply with heat illness prevention requirements.
• Ignores and potentially undermines state law establishing workers’ compensation as the exclusive remedy for work-related injuries and illnesses by creating a private right of action to sue for damages.

Complex, Overly Burdensome Requirements

In 2005, California was the first state in the nation to adopt heat illness regulations. These regulations were developed with extensive input from labor and management. Since the adoption of these regulations, Cal/OSHA has actively worked with employers providing education and compliance assistance, as well as an enormous enforcement effort and presence. In response to the regulations and the assistance of regulators, employers have stepped up compliance efforts and reduced the incidence of heat-related illness in outdoor workplaces. Cal/OSHA attests to the success of the program in gaining increased compliance with heat illness prevention rules in outdoor places of employment throughout the state.Agricultural employers made enormous strides in compliance and created unprecedented public-private partnerships. There is no reason for this bill.The enforcement provisions combined with fines and penalties are extraordinarily high and unwarranted. The opportunities for litigation are almost limitless: from private rights of action and enormous awards of damages, bounty hunter provisions, joint liabilities and high penalties. State regulators have effective enforcement authority and statutory provisions for fines, penalties and due process for employers that should be respected as the appropriate authority for heat illness prevention enforcement.This bill creates such complex and overly burdensome requirements that agricultural employers may not be able to comply. The bill is filled with procedural traps nearly impossible to avoid. As such, the overly punitive fines for violations could be a disincentive for employers to remain in California.

Action Needed

AB 2346 is awaiting action by the full Senate.  Contact your senator and urge him/her to oppose AB 2346.

Two "Job Killer" Bills Held; Other Costly Workplace Mandates Move to Senate or Assembly for Action

Two bills were held on the Senate Appropriations Committee suspense file August 16:

• AB 1999 (Brownley; D-Santa Monica) Expansion of Discrimination Litigation — Makes it virtually impossible for employers to manage their employees and exposes them to a higher risk of litigation by expanding the Fair Employment and Housing Act to include a protected classification for any person who is, perceived, or associated with a family caregiver.
• AB 2039 (Swanson; D-Alameda) Expansion of Protected Leave Requirements for California Employers — Creates a burdensome, California–only mandated benefit that significantly expands the category of individuals with serious health conditions for whom an employee can take a leave of absence beyond what is currently included under the federal Family Medical Leave Act.

Following are "job killer" bills that are awaiting action by the full Senate or Assembly:

• OPPOSE AB 1313 (Allen; D-Santa Rosa) Increased Cost on Agricultural Employers — Drives up the cost of commodities to consumers by removing the existing overtime exemption allowed for agricultural employers. Senate Floor.
• OPPOSE AB 1450 (Allen; D-Santa Rosa) Exposure to Costly Discrimination Litigation — Subjects employers to unjustified charges of discrimination for legitimately inquiring into an applicant's most recent employment history. Senate Floor.
• OPPOSE AB 2346 (Butler; D-Los Angeles) Increased Costs and Unreasonable Requirements — Could increase the price of food and force growers to move their crop production to other states and countries, thereby hurting California exports, by creating excessive, unnecessary new rules regarding heat illness prevention with unreasonable consequences for violations. Senate Floor.

For more information on the remaining "job killer" bills, visit www.CAJobKillers.com

​CalChamber Reminds Businesses to Train Supervisors to Prevent Heat Illness

​The CalChamber is reminding businesses around the state to take all available precautions to prevent heat illness among their employees during the summer months.

Heat illness occurs when the body's temperature control system is unable to maintain an acceptable temperature. Under normal circumstances, the body cools itself by sweating. However, when high temperatures and humidity prevent the body from releasing heat efficiently, a person's body temperature can rise quickly, causing numerous symptoms.

If left untreated, high body temperatures can damage the brain and other vital organs and, ultimately, lead to death.

Mandatory Training

In July 2006, California’s Division of Occupational Safety and Health (Cal/OSHA) implemented regulations to protect outdoor employees from the effects of heat exposure and mandated training requirements for employees and supervisors on the prevention, symptoms and treatment of heat illness. The regulations apply to all companies with employees working in outdoor places of employment.

In addition to complying with training requirements, employers must provide potable drinking water, access to shade, and compile heat illness prevention procedures, including employee training, in writing.

The CalChamber made several heat illness prevention tools available for purchase: 

• The Cal/OSHA Heat Stress on-demand webinar teaches workers the basics of heat stress awareness and prevention. Employers with outdoor workers must train their supervisors to recognize the symptoms of heat illness and take steps for prevention. Supervisors should register for the Heat Illness Prevention — How to Comply with New Rules on-demand webinar to learn how to comply with the new rules.
• CalChamber also recommends that businesses post the Heat Illness Safety Poster, a tool for the office that reinforces safe work habits in hot environments and serves as a reference to recognize symptoms of heat illness. The laminated poster easily fits on almost any wall, features realistic illustrations and lists key symptoms, signs and treatment for heat illness.

Heat Ramps Up In the West: Employers Take Note

The high temperatures that recently plagued the East Coast are hitting the West Coast this week. 

What do these high temperatures mean for employers?

• Those with outdoor workplaces must remember their obligations to prevent heat illness. These obligations include providing access to shade and cool, fresh water.  High heat procedures kick in when temperatures reach 95 degrees or higher.
• Even in indoor workplaces, businesses should want to make sure room temperatures are comfortable. Performance levels are sure to drop if employees are too hot or if your air kicks in so high that the office feels like a walk-in freezer.
• You may receive requests to relax dress code requirements. This can be a nice perk for employees when the temperatures soar. Employers can still enforce reasonable grooming and dress standards. Employers can also enforce standards that are necessary to prevent workplace injuries (for instance, no open-toed shoes in construction areas). Just make sure your policies are consistently enforced.
• Plan for vacation requests. Avoid understaffing by requiring advance notice and coordination.

Here’s to keeping your summer workforce safe and productive!

Subscribe to HRCalifornia for detailed information on heat illness prevention, including how to develop a heat illness prevention plan.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel