Since November 2, 2010, all outdoor places of employment have been subject to the heat illness prevention regulation, Title 8 of the California Code of Regulations, Section 3395 Heat Illness Prevention in Outdoor Places of Employment, reports California Chamber of Commerce Alert Newsletter. The industries subject to all provisions of the regulation, including the "High Heat Procedures," include Agriculture; Construction; Landscaping; Oil and gas extraction; and Transportation and delivery of agricultural products, construction materials or other heavy materials. There is an exemption for employees who are not performing loading or unloading duties, but who are operating an air-conditioned vehicle.
Definitions in the regulations include: "shade" — which can be artificial or natural if it meets the other requirements; and "temperature" — with instructions on how and where to take the temperature reading.
Shade Requirements
If the temperature is 85 degrees, the shade must accommodate at least 25% of the employees. Additionally, if the temperature is less than 85 degrees, shade must be provided initially, or upon request from an employee. Employees must be allowed and encouraged to take a break in the shade for at least five minutes, when they feel the need to do so to protect themselves from overheating.
High Heat Procedures
When the temperature reaches 95 degrees, additional requirements must be met by the industries listed above as subject to all provisions of the regulation. The additional requirements include:
• Providing and maintaining an effective communication system so that employees at the worksite can contact a supervisor when necessary. The system/communication may be direct voice contact, observation or electronic, such as a cell phone or text messaging device, but only if reception in the area is reliable.
• Observing employees for symptoms of heat illness.
• Reminding employees periodically throughout the shift to drink plenty of water.
• Closely supervising a new employee for the first 14 days of employment, unless the employee has been doing similar outdoor work for at least 10 of the past 30 days for four or more hours per day.
Training
Training must be provided for employees who are reasonably expected to be exposed to the risk of heat illness, and to their supervisors as well. All such employees and supervisors must be trained in:
• Environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.
• Employer’s procedures for complying with the requirements of this standard.
• Importance of frequent consumption of small quantities of water, up to four cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in performing their duties.
• Importance of acclimatization.
• Different types of heat illness and the common signs and symptoms of heat illness.
• Importance to employees of immediately reporting to the employer, directly or through the employee’s supervisor, symptoms or signs of heat illness in themselves, or in co-workers.
• Employer’s procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.
• Employer’s procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.
• Employer’s procedures for ensuring that, in the event of an emergency, clear and precise directions to the worksite can and will be provided as needed to emergency responders.
The employer must designate someone to be available to invoke the emergency procedures when necessary.
Before assigning supervisors for the outdoor workers, the supervisors must also receive training about:
• Procedures the supervisor is to follow to implement the applicable provisions in this section.
• Procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures.
• How to monitor weather reports and how to respond to hot weather advisories.
The Division of Occupational Safety and Health (Cal/OSHA) has more information on heat illness, available by clicking on "Heat Illness Prevention" at www.dir.ca.gov/DOSH.