(November 19, 2009) Some flexibility is needed in shade requirements proposed to be added to the state’s heat illness prevention standard, the California Chamber of Commerce told a state agency this week.

Erecting shade once temperatures reach 85 degrees is acceptable with the inclusion of an exception for unsafe or infeasible situations, the CalChamber stated at a public meeting pending amendments to the standard.

CalChamber policy advocate Marti Fisher and a diverse coalition of trade associations and companies were among those who presented an employer perspective on Monday, November 16 when the California Occupational Safety and Health Standards Board  convened an advisory committee in Oakland to review several amendments to the state’s heat illness standard.

This was the board’s fourth meeting this year on the heat illness issue. The board twice failed to adopt changes to the rule during emergency rulemaking hearings and has since proceeded to a regular rulemaking process to address the board’s concerns with proposed amendments.

The board will respond to public comments received, and testimony taken in a “Statement of Reasons” accompanied by a revised proposal with a 15-day notice for written comments.  CalChamber anticipates the proposal will go before the board for adoption in either February 2010 or March 2010. That means if the proposal is adopted, it most likely would be in effect by the end of April.

California became the first state in the nation to adopt a comprehensive heat illness prevention standard for outdoor workers in July 2006. The regulations, implemented by the California Division of Occupational Safety and Health (Cal/OSHA), include requirements for water, shade and training for employees and supervisors on heat illness prevention, symptoms and treatment.

The regulations apply to all companies with employees working in outdoor places of employment. In addition to the training requirements, employers must provide potable drinking water, access to shade, and compile heat illness prevention procedures, including employee training, in writing.

CalChamber Comments

Representing CalChamber and a broad based coalition of employer organizations at June, July and October board hearings, Fisher explained to the board that the business community is committed to ensuring the safety and health of outdoor workers. However, creating new and more prescriptive regulations will not result in increased compliance by those employers that currently choose not to comply.

Fisher urged caution and the continued consideration that an employer’s strict compliance with a regulation is no guarantee that an employee will never suffer from heat illness.

Fisher and the coalition commended the board for its continued diligence to develop the most appropriate solution.

Reasonable Revisions to Regulation

The CalChamber believes that reasonable revisions to the current regulation can be developed with consensus by further clarifying and revising the current proposal. Specifically, the CalChamber supports the proposed establishment of a trigger for shade to be up at 85 degrees because for most workplaces this can be accomplished and is reasonable.

Fisher explained, however, that in some cases a work situation may make it unsafe or infeasible to have shade actually erect while employees are working due to unusual aspects of the nature of the work or work location. The coalition asked that the regulation be revised to create an exception for instances in which it is not safe or feasible to have shade up, but explained that shade can be provided as needed to workers upon request.

Following are some examples of work situations where it is not safe or feasible to have shade up while employees are working:

1. Mobile crew working at various locations within large worksites, or remote locations such as service or maintenance calls to multiple locations, large construction projects, or relocation throughout the work shift.
2. Highway, road or bridge construction that requires continuous motion by the crew, often within the confines of highway traffic lanes.
3. Construction worksites where the area is very confined. An example would be a large multi-use building with underground parking, being constructed in an urban area. The underground excavation and work frequently takes up the entire jobsite, with mobile equipment in constant operation around the site. The border of the worksite usually is a sidewalk next to city streets.
4. Construction worksites where free area is limited, such as commercial or residential lots where concrete or landscape construction is taking place, or the initial stages of framing a structure. Often, the limited free area is being utilized for egress and ingress.

Heat Illness

Heat illness occurs when the body's temperature control system is unable to maintain an acceptable temperature. Under normal circumstances, the body cools itself by sweating. However, when high temperatures and humidity prevent the body from releasing heat efficiently, a person's body temperature can rise quickly, causing numerous symptoms. If left untreated, high body temperatures can damage the brain and other vital organs and, ultimately, lead to death.

Staff Contact: Marti Fisher