(June 18, 2009) More effective enforcement of existing California requirements to prevent heat illness in outdoor workers can do more to protect workers than adopting more prescriptive, burdensome rules, the California Chamber of Commerce states in public comments on pending emergency amendments to the standard.
CalChamber policy advocate Marti Fisher will be among those presenting an employer perspective today when the Cal/OSHA Standards Board meets in Oakland to review several emergency amendments to the state’s heat illness standard.
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Post-Hearing Update: Ultimately, the board did not approve the emergency heat illness rules, but instead verbally directed the Cal/OSHA staff to return next month with a narrowly crafted revision to the rules to clarify how shade is provided. After dealing with shade—the portion of the current heat illness regulation for which citations are most often issued, according to Cal/OSHA staff—the board will proceed to a regular but expedited rulemaking process to address other concerns with the rule.
Labor representatives agreed with the CalChamber that there is a lack of compliance with the existing regulation. Business groups, as well as the public safety managers association, agreed with the CalChamber’s remarks.
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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), mandated 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.
The emergency amendments proposed by Cal/OSHA include:
- changes to the provisions that govern when and how to provide shade, drinking water and employee training;
- adding tiered procedures to be followed when temperatures are above 85 and 95 degrees Fahrenheit;
- adding related requirements to implement measures to protect employees working outdoors; and
- eliminating the definition of “preventative recovery period.”
CalChamber Comments
During the comment period, Fisher will point out that if employers are not complying with the current standard, more effective enforcement is warranted rather than more regulation. She also recommended that Cal/OSHA reactivate the Heat Illness Prevention Network (HIP Network) which was launched two summers ago by the CalChamber and other business groups in cooperation with Cal/OSHA, to warn employers about impending heat emergencies.
Fisher’s comments also cite concerns about the creation of the “trigger temperatures,” noting that the tiered requirements for the two different temperature levels would require businesses to not only take the temperature on a regular basis but also to write it down and maintain documentation. She explained that this creates a new liability and an additional burden for businesses. The proposal does not provide any alternative procedures to determine a trigger such as using a forecast.
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.
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