Cal/OSHA Releases Its Interpretation of Heat Illness Standard

Safety & Workers' Compensation

HEAT STRESS COMPLIANCE CHECKLIST

POTABLE DRINKING WATER

Supplies

• The water provided must be fresh, pure and suitably cool.
• One quart of water per hour, or four 8 ounce cups, for each employee for entire shift. If the employer chooses not to provide the full-shift quantity at the start of the work shift, a sufficient quantity of water must always be present and readily accessible. Effective procedures for replenishment must be in place. At no time should the water container be empty.
• “When temperatures exceed 90 degrees F, having ice on hand to cool the water is recommended.”
• Sufficient cups available.
   

Location

• Water must always be readily accessible. It must be as close to the employees as practicable given the working conditions and layout of the worksite.

Employers must also encourage employees to drink water frequently. This should be done throughout the workday.
 

SHADE ALLOWING THE BODY TO COOL

• “Shade is blockage of direct sunlight. Blockage is always sufficient when objects do not cast a shadow in the shaded area.”
• Employees must have access to shade during entire shift and as a general rule there must be enough shade to accommodate, at the same time, 25 percent of the employees on a shift.
• If the interior of a vehicle is used to provide shade, it must have an air conditioner that works.
• Metal storage sheds and other out-building do not provide “shade” unless they provide a cooling environment comparable to shade in open air. For example, they must be mechanically ventilated or open to air movement.

Shade must be “actually present” when:

• The outdoor temperature high “for the area closest to the location at which employees are to work is forecast, as of 5 p.m. the previous day, to be over 85 degrees F, according to the National Weather Service. If the prediction on the previous day is for the temperature high for the area to exceed 85 F, shade must be up as of the beginning of the shift and present throughout.” If the prediction is less than 85 F, but the actual temperature exceeds 90 degrees F at the worksite, shade must be present.  In other words, check this website after 5 pm, http://www.nws.noaa.gov and print out a copy of the forecast. If the predicted temperature is above 85 F, put up shade at the beginning of the shift. And if it is not predicted to be over 85 F, monitor the temperature, and if it’s over 90 F, put up shade.                               
• If an employer does not monitor the predicted temperature highs, the employer must measure the temperature hourly during the work shift to determine whether the temperature exceeds 85 degrees F at the worksite. If it does, the employer must promptly provide actual shade for the remainder of the shift.

• The nearest shaded area must be as close as practicable. It must be reachable within a 2 ½ minute walk.
• In no case is it permissible for shade to be located more than ¼-mile or a five minute walk away, whichever is shorter.
• Conditions of Shade
• According to DOSH, “Areas shaded by artificial or mechanical (as opposed to natural) means, such as by a pop-up canopy as opposed to a tree, must allow for employees to avoid contact with bare soil. This can be done by providing chairs, benches, sheets, towels, or any other items that let employees sit and rest without contacting dirt. Where the shaded area is a lawn, no such item need be provided, regardless of the means by which the area is shaded.”

PREVENTATIVE RECOVERY PERIODS

• The purpose of a Preventative Recovery Period (PRP) is the prevention of heat illness. A PRP is necessary if an employee believes that a rest break is needed to recover from the heat or if an employee exhibits indications of heat illness.
• Employees must have access to an area with shade that is either open to the air or provided with ventilation or cooling for a period of no less than 5 minutes.

WRITTEN PROTOCOLS

The employer must develop, put in writing, and implement effective procedures for:

• Water replenishment during the shift as needed;
• Employee access to shade at all times for preventative recovery periods;
• Employee and supervisor training;
• Responding to symptoms of possible heat illness;
• How emergency medical services will be provided should they become necessary;
• How emergency medical services providers will be contacted;
• How employees will be transported to a point where they can be reached by an emergency medical service provider if necessary;
• How, in the event of an emergency, clear and precise directions to the worksite will be provided as needed to the emergency responder.

These procedures must be in writing and made available to employees and to representatives of DOSH upon request. The employer should integrate the procedures into its IIPP. Additionally, employers should have a binder with the protocols at each ranch and/or worksite that is easily accessible.

TRAINING FOR ALL EMPLOYEES AND SUPERVISORS

• Non-supervisory and supervisory employees must be trained on:
• The environmental and personal risk factors for heat illness.
• The employer’s procedures for complying with heat illness standards.
• The importance of drinking water.
• The importance of acclimatization, how it is developed, and how employer’s procedures address it. Acclimatization is the body’s adaptation to working in the heat.
• Non-supervisory employees should be trained:
• To inform the supervisor if he or she is not used to the heat and may need more frequent breaks until his or her body adjusts, which usually takes from 4 – 14 days.
• To drink water in small amounts, 3 to 4 cups per hour.
• To take breaks in the shaded area and allow time to recover from the heat.
• To avoid or limit the use of alcohol and caffeine during times of extreme heat, because both dehydrate the body.
• To inform the supervisor know if he or she, or if another employee, begins feeling dizzy, nauseous, weak, or fatigued and to rest in the shade for a time sufficient to recover, and seek medical attention if the problem persists.
• To wear appropriate clothing, sun screen, and hats.
• To pay attention to co-workers and keep an eye out for symptoms, and of reporting the symptoms to the employer directly or through their supervisor. “Buddy” systems can be useful to ensure that workers watch out for each other.
• On the procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided if necessary.
• On how to contact emergency services, and, if necessary, how to transport employees to a place where they can be reached by emergency medical services. A nearby hospital or emergency care facility should be clearly identified in worksite postings.
• On the procedures for providing clear and precise directions to the worksite to emergency medical services. Employees should have access to road maps with field locations clearly marked so that directions can be provided to emergency responders.

Refresher trainings or “tailgate meetings” where brief safety reminders about heat illness are given to employees should be conducted frequently, especially during high temperatures.

TRAINING FOR SUPERVISORS

• The supervisor’s responsibilities in ensuring that the heat stress regulations are followed.
• What the supervisor must do when an employee exhibits symptoms of possible heat illness.
• How emergency medical services will be provided should they become necessary;
• How emergency medical services providers will be contacted;
• How employees will be transported to a point where they can be reached by an emergency medical service provider if necessary; and
• How, in the event of an emergency, clear and precise directions to the worksite will be provided as needed to the emergency responder.
• Every crew must have a first-aid and CPR trained individual.

COUNSEL TO MANAGEMENT:

Heat stress compliance should be a priority for all growers and FLCs. In this politically charged environment, Cal/OSHA is under tremendous pressure to issue citations, and will scrutinize agricultural employers closely.

Part of DOSH’s evaluation of compliance is asking supervisory and non-supervisory employees questions to see if they received training and if they understand the content of the trainings as to render the training effective. It is critical for employers to train employees and provide constant reminders to all employees so that when DOSH shows up at your site, there will be no doubt that the heat illness prevention training was effective.

Employers should remember to:

• Include in the IIPP heat illness protocols, especially emergency response procedures.
• Have written protocols accessible to employees and DOSH. For example, in a red covered binder so that it is easily identifiable.
• Develop a method for documenting the monitoring of whether forecasts and temperatures given the “actual presence” of shade requirements.
• Develop a method for documenting how the amount of water needed at a worksite is determined.
• Develop a protocol for determining how long it will take employees to reach water and shade at a worksite.
• Conduct tail-gate session on heat stress, frequently, even daily.
• Have maps and directions available at a worksite in both in English and Spanish.
• Have one English speaking person at the worksite that can communicate with emergency medical services personnel if needed. Check to see if cell phones work in particularly remote locations. If not, make sure a protocol is in place for contacting emergency medical services.

Heat illness resources are available at

http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html

With its new interpretation of the regulations in hand, DOSH will be out in full force this year and employers must be prepared.

For more information, contact Ana C. Toledo at the Saqui Law Group.
 

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100.