Emergency Amendments to Heat Illness Prevention Proposed

Safety & Workers' Compensation

The amendments are intended to clarify the standard so that employers will more fully and effectively comply and to bring more enforceability to the standard.

According to Cal/OSHA, the proposed amendment will:

• clarify the provisions that govern when and how to provide shade, drinking water and employee training,
• add tiered procedures to be followed when temperatures are above 85 and 95 degrees Fahrenheit,
• add related requirements to implement feasible and effective measures for the protection of employees working outdoors, and
• eliminate the definition of "preventative recovery period."

What the proposed amendments will actually look like remains unclear.  The documents with more details are scheduled to be available by Friday, June 12. 

A public hearing to discuss the proposed amendment to the heat illness prevention regulation has been scheduled by the OSHSB to take place at their next meeting on June 18 in Oakland. There will be an opportunity for public comment on the proposed changes.

If the emergency amendments are adopted, they will be sent to the State Office of Administrative Law for approval and then to the Secretary of State for filing. A 120 day standard rulemaking process will follow to develop permanent amendments to the heat illness prevention regulations. This means that you might not be affected this season.

For more information on OSHSB's public meeting details and agenda, visit the OSHSB website.

COUNSEL TO MANAGEMENT:

The emergency amendments to the heat illness regulations are another indication that this issue continues to be politically charged.  Cal/OSHA enforcement will undoubtedly continue making heat illness a priority.  Management must be prepared in the event that Cal/OSHA shows up.  Information on Cal/OSHA's heat illness prevention and training materials is available at www.dir.ca.gov/heatillness.

Any emergency amendments adopted would not be enforceable until the fall given the 120 day standard rule making process.  We will continue to keep you updated as the information becomes available.

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 in Salinas.