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Heat-Illness Prevention Regulation §3395
This article contains useful aids and forms to assist in heat-illness prevention compliance.
Cal/OSHA Standards Board Revises Heat-Illness RulesThe California Occupational Safety and Health (Cal/OSHA) Standards Board approved 7-0 on August 19 proposed revisions of the Heat Illness Prevention standard for outdoor places of employment. The revisions were proposed by the Division of Occupational Safety and Health (DOSH), which enforces safety and health standards in the state’s workplaces. The proposed revisions are generally consistent with compliance guidance DOSH issued in March 2009. As amended, the standard includes these major points: Water • An employer must have either ➤ One quart of drinking water per hour per employee on hand at shift’s start or ➤ Effective procedures to replenish the water supply so each employee can drink that much water • Employees must be encouraged to drink water frequently Shade • Temperature > 85 °F: Shade must be present for at least 25% of crew’s employees so they can sit fully in shade in a normal posture without touching each other • Temperature < 85 °F: Timely access to shade must be provided upon employee’s request • Shaded area must be as close as practicable to work areas • Employees feeling they need to cool down to protect themselves from overheating must be allowed and encouraged to rest in shade for no less than 5 minutes • By showing it is infeasible or unsafe to have shade continuously present, an employer may use alternative procedures for providing access to shade that provide equivalent protection High-Heat Procedures • Temperature ≥ 95 °F: In agriculture and four other specified industries, an employer must implement high-heat procedures, including to the extent practicable: ➤ Ensuring effective communication so employees can contact their supervisor when necessary ➤ Observing employees for alertness and signs or symptoms of heat illness ➤ Reminding employees throughout the work shift to drink plenty of water ➤ Closely supervising a new employee for the first 14 days of employment Exception: Not required if the employee when hired indicates he had been doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours per day Training • Before starting work that should reasonably be anticipated to result in exposure to the risk of heat illness, employees (including supervisors) must be provided with effective training in required topics on ways to avoid heat illness and steps to take if it occurs • Before supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness, a supervisor must be provided with effective training in required topics including ➤ The procedures the supervisor is to follow to implement the standard’s applicable provisions ➤ The procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures ➤ How to monitor weather reports and respond to hot-weather advisories Written Procedures • An employer must have written compliance and emergency procedures A coalition of 18 groups representing agricultural employers on July 1 filed with the Standards Board a letter supporting the proposed revised standard but asking that it not be made effective until after the current heat season. It is anticipated that the amended standard will take effect in October, after the approval process has been finalized. Employers will want to avail themselves of opportunities to be trained during the coming winter on the requirements of the new standard and to incorporate them in their compliance programs. To help employers comply with the standard, click here for FELS heat-illness prevention resources. Cal/OSHA Board Approves Revisions to Heat Illness StandardOn August 19, 2010, the Cal/OSHA Standards Board voted, unanimously, to adopt the previously proposed revisions to the Heat Illness Prevention Standard. Although labor advocates had argued that the proposed revisions were not comprehensive enough, DOSH Chief Len Welsh said that it was “necessary and [the right] time” to adopt the revisions. Under the revisions, which do not officially go into effect until approved by the Office of Administrative Review, shade must accommodate at least 25% of the employees at any one time, so that they can sit fully in the shade without touching each other. The shade must be as close as practicable to where the employees are working. The regulations now state that, “shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions.” Keep in mind that the definition of “shade” means “blockage of sunlight,” so if anything under the shade structure casts a shadow, it is not sufficient. Further, the shade provided “is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool.” Thus, if a low hanging tarp actually increases the temperature underneath it, it would not be sufficient. The provision that provided for a “preventative recovery period” has been eliminated. Instead, the standards state that employees “shall be allowed and encouraged” to take a five minute cool-down rest “ when they feel the need to do so to protect themselves from overheating.” The regulation now has specific requirements when temperatures go above 85°F and 95°F. Above 85°F, employers are required to have up, and maintain, one or more areas with shade at all times, either open to the air or provided with ventilation or cooling, when employees are present. Even when the temperature does not reach 85°F, employers are required to provide timely access to shade upon the request of the employee. The best course of action is to always have shade up and available, so that you do not have to be out there constantly checking the temperature. Having it up and available is also a good way to decrease the odds of Cal/OSHA stopping at your location. The inspectors are frequently driving around looking for locations without shade up and available. When temperatures reach 95°F, there are now "high heat" procedures for certain industries, including agriculture: 1. Effective communication so employees are able to contact a supervisor if needed (a cell phone is acceptable, as long as reception in the area is reliable); 2. Observing employees for alertness and signs and symptoms of heat illness; 3. Reminding workers throughout the shift to drink plenty of water; and 5. Close supervision of new employees by a supervisor or designee for the first 14 days of employment, with exceptions. The revisions strengthened training requirements by prohibiting workers or supervisors from beginning outdoor work unless they have been trained in heat illness prevention, and by adding items to training requirements, including how to monitor weather reports and respond to hot weather advisories. The new regulations have to go to the Office of Administrative Review for final approval, but that should be a mere formality, provided that there are no court challenges to them. Absent that, expect the regulations to get final approval and become effective within approximately 30 days. What This Means for Employers: As set forth above, the best course of action is to always have shade up and available. Employers should go ahead implement the “high heat” procedures for the remainder of the summer, and employees should not be allowed to begin work in hot weather without receiving heat illness prevention training first. Also, employers should ensure that their written procedures are updated to include this information. Finally, make sure that your employees are able to answer basic questions about your heat illness procedures, such as symptoms, who to report problems to, how to direct emergency personnel to the site, and so on. Prevention is clearly the best policy when dealing with heat illness. The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with Barsamian & Moody at (559) 248-2360 or toll-free at (888) 322-2573, for individual responses to questions or concerns regarding any given situation. |
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