More FLCs Shut Down for Heat Illness Prevention Violations

Safety & Workers' Compensation

According to EEEC investigators, they found work crews working in temperatures in excess of 100F in the Coachella area with no shade and in Escondido they found a crew working in temperatures as high as 116F with "little water" - a crew of 15 had to share less than a gallon of water.

In the past two weeks Cal/OSHA has issued eight Orders Prohibiting Use (OPU), shutting down FLC operations because of noncompliance with heat illness prevention regulations.  After an OPU is issued, operations at the site cannot resume until Cal/OSHA is satisfied that there is full compliance with safety regulations.

COUNSEL TO MANAGEMENT:

Cal/OSHA continues to aggressively monitor compliance with heat illness prevention regulations and is making it clear that it will not hesitate issuing an OPU where it finds serious violations.  Management should also remember that when the EEEC shows up, there may be up to five different enforcement agencies scrutinizing a company's compliance with applicable laws and regulations.

To access Cal/OSHA's interpretation of the heat illness regulations, go to http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html. 

To keep track of temperatures in your area, check the National Weather Service at http://www.nws.noaa.gov

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.