Regulations Call for Shade, Water, Education

(August 24, 2005) Emergency regulations to prevent heat stress illnesses or fatalities were approved this week by the state Office of Administrative Law (OAL).

The emergency rules were adopted by a unanimous vote of the Cal/OSHA Standards Board on August 12, then sent to OAL for approval.

In announcing the adoption of the emergency regulations, Cal/OSHA said they “apply equally to all who work outdoors in conditions that induce heat stress — from the farm worker to the roofer to the laborer paving the highway.”

Now that they have been approved by OAL, the emergency regulations will be in effect for 120 days, during which time Cal/OSHA and the Labor and Workforce Development Agency will work to create and adopt permanent regulations.

Emergency Rules
The proposed emergency regulations:

• Require that access to a shaded area is available to any worker suffering from heat illness or needing shade to prevent the onset of illness;
• Re-state existing law requiring water to be available at all times and ensure workers understand the importance of frequent consumption of water; and 
• Require education of employees and supervisors likely to be exposed to heat stress on how to prevent heat illness and what to do should it occur. 

Refinements Suggested
The California Chamber and other employer groups are seeking refinements to the emergency regulations before they are adopted and implemented to prevent unintended consequences.

In testimony to the Cal/OSHA Standards Board, Julianne Broyles, Chamber director of employee relations and small business, commented, “All regulatory standards must provide enough information to the regulated community so that they know what they have to do in order to comply.”

She cautioned against a “one-size-fits-all” application of the emergency regulation. The standard also “needs to indicate a point where employers will be considered to have done enough,” Broyles said.

If the unclear definitions in the emergency regulations are a problem for employers trying to comply, the Chamber is urging the businesses to contact Cal/OSHA’s Consultation Unit for specific answers on how to apply the emergency regulations to the workplace. To reach the unit, call (800) 963-9424 or e-mail InfoCons@dir.ca.gov.

Committed to Safety
The Chamber and its members are committed to worker safety and health, and support laws and regulations that permit businesses to address occupational safety and health issues in a reasonable, sensible, flexible and cost-effective manner.

More Information
Victoria Bradshaw, secretary of the Labor and Workforce Development Agency, called the adoption of the emergency rules “a first step toward helping to prevent heat illness and further deaths.” She added, “Among the provisions of the regulations, the real key is education for both workers and employers on how to avoid it [heat stress] in the first place.”

Information about protecting workers from heat stress is available on the Department of Industrial Relations website at www.dir.ca.gov.

Staff Contact: Julianne Broyles