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In a recent press release, Cal/OSHA has reminded employers to implement heat illness prevention policies, and warns them about agency enforcement measures

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legal updates

June 2009

Cal/OSHA Update


Cal/OSHA

Warns Employers About

Heat Illness Safety Compliance


By Christopher W. Olmsted

In a recent press release, Cal/OSHA has reminded employers to implement heat illness prevention policies, and warns them about agency enforcement measures.

“With triple digit temperatures expected over the weekend and into early next week,” states the press release, “Cal/OSHA urges employers to observe the precautions specified in the heat illness prevention regulation. To ensure compliance Cal/OSHA will have teams of investigators inspecting outdoor employers over the weekend for heat illness prevention requirements. For employees working outdoors, the hot sun with high temperatures can be life-threatening.”

Cal/OSHA’s heat illness rules are found in Section 3395 of the agency’s regulations. The regulations apply to all outdoor worksites. There are four basic requirements:

  • Comprehensive company procedures on heat illness prevention
  • Heat illness training to all employees.
  • Readily accessible, clean and cool drinking water.
  • Ample shade or cooling areas.

    Sample policies can be found on the agency’s website at this link: Cal/OSHA Heat Illness Sample Policies.

    The agency also offers prevention training throughout the state. The current schedule can be found at this link: Cal/OSHA Training Schedule.

    For additional information from Cal/OSHA, follow this link: Cal/OSHA Heat Illness Information.

    Cal/OSHA’s May 15th press release offers the following advice:

    “The hotter the weather, the more employees should be encouraged to take periodic breaks in the shade and pace themselves. Workers must also be encouraged to drink one quart, or four 8-ounce cups of cool fresh water, every hour—and as much more than that as they want.”

    “Employers must recognize early warning signs of heat illness and train their supervisors and workers on symptom recognition as well. Some early symptoms and signs of heat illness to watch for are headaches, muscle cramps, and fatigue. These symptoms should disappear rapidly if an employee rests and cools off. If they do not, it is time to summon emergency medical services. If an employee exhibits nausea or vomiting, excessive sweating or hot dry skin, mental confusion, seizures, fainting or loss of consciousness, call for emergency medical services immediately while you are getting him or her out of the sun if possible and to the coolest area you can find.”

    In another recent press release Cal/OSHA reports that it recently shut down five farm operations in the Escondido and Coachella area for failing to provide adequate water and shade.

    Enforcement is on the rise since the regulations were implemented in 2006. The agency has conducted over 850 heat inspections and more than 250 citations for violations of the heat illness prevention standards being issued since January 2009. In 2008, 2,584 inspections were conducted with 1,134 citations issued.

    Some employers mistakenly assume that the regulations apply only to agricultural operations. In fact, the agency interprets the regulations to apply to any outdoor work in any occupation or trade.

    More Legal Update articles.
    Download entire June 2009 Legal Update in PDF format.

    This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2009 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.




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