Cal/OSHA Kicks Off 2012 Heat Illness Campaign

Cal/OSHA launched its 2012 heat illness campaign aimed at preventing worker deaths and illnesses due to heat exposure at outdoor workplaces.

Cal/OSHA already started inspections in California to ensure compliance with the heat illness prevention standard, and will conduct coordinated inspections across the state throughout the summer.

Cal/OSHA will also team with employer and worker organizations to educate workers about heat illness prevention. Cal/OSHA will continue its ongoing outreach efforts and engage in an extensive multilingual media campaign to remind workers and employers of their obligations.

Cal/OSHA will also provide statewide heat illness prevention training. Training dates are available from May through September. For more information about Cal/OSHA training, visit Cal/OSHA’s Heat Illness web page.

In 2005, California became the first state in the nation to adopt heat illness regulations on an emergency basis. The regulations became permanent in 2006.

In 2010, the regulations were strengthened to include a high heat provision applicable to five industries:  agriculture, construction, landscaping, oil and gas extraction, and transportation/delivery of agricultural products.

The high heat provision applies whenever temperatures reach 95 degrees and includes observing employees, closely supervising new employees, and frequently reminding workers to drink water.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

Subscribe to HRCalifornia for additional information about heat illness prevention, including forms for developing a heat illness prevention plan for outdoor workers. Visit the CalChamber Store for compliance posters and an on-demand Heat Illness Prevention webinar.

Heat Illness Regulations Bill Identified as Job Killer

The California Chamber of Commerce identified AB 2346 (Butler; D- Los Angeles) as a “job killer” bill.

AB 2346 creates unnecessary and onerous provisions to address the heat illness prevention regulations that exclusively and heavily impact the agricultural industry. If passed, the bill would place in law new requirements that exceed the current regulatory ones (which are working well) and impose unreasonable fines and penalties when compliance is in question. It includes a private right of action.

AB 2346 was passed by the Assembly Labor and Employment Committee yesterday with a vote of 5-2.

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.

Check CalChamber.com for more details on the bill, and for a link to additional information. While you’re there, take a look at Dan Walters’ video on the effectiveness of CalChamber’s “job killer” list.

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

 

Heat Illness Prevention Network Conference Call – July 14

Members of the Heat Illness Prevention Network should take advantage of an upcoming conference call to get information on updates straight from Cal/OSHA.

WHO: Christine Baker, Director of the Department of Industrial Relations; Cal/OSHA Chief – Ellen Widess
WHAT: Conference call to members of the Heat Illness Prevention Network
WHEN: Thursday, July 14 at 10:00 a.m.
WHY: To update Heat Illness Prevention Network members on topics relating to the Heat Illness Prevention Standard
HOW: Call 1-800-619-4625. Advise operator that your participant code is DIRHIP. During the Q&A section, press *1 on your telephone keypad to ask a question.
 
Email additional questions or comments to heat@dir.ca.gov.

Agenda includes:  

• Outreach and education
• Enforcement and compliance information
• Orders prohibiting use
• Q & A

The California Chamber of Commerce is a founding member of the Heat Illness Prevention Network (The HIP Network), which is administered by the California Division of Occupational Safety and Health (Cal/OSHA) in the state Department of Industrial Relations (DIR).

The HIP Network is a voluntary public/private partnership established to increase both employers’ and employees’ awareness of the hazard of heat illness and the importance of heat illness prevention measures to prevent fatalities and serious illnesses in California workplaces.

HIP Network members work with Cal/OSHA to provide timely information to employers and employees to help prevent heat illness in workplaces throughout California.
 
HIP Network membership is free, and interested parties can join by submitting name, title, organization name, telephone number and email to communications@dir.ca.gov.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

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.

Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.