The Cal/OSH Standards
Board approved the permanent version of its landmark heat
illness standard for outdoor employees June 15. The vote was
significant enough to prompt Gov. Arnold Schwarzenegger to hold
press conference in the state Capitol to announce the adoption just
minutes after the board voted.
The regulation, which has been in place in largely the same form
since last August as an emergency standard, requires employers to
provide workers access to potable drinking water of at least one
quart per hour for the entire shift. Employers providing plumbed
water are not bound by the quantity requirement.
The standard also requires employers to provide shade for
employees who are either
suffering from heat illness or who need a "preventive recovery
period." Non-agriculture industries are allowed to provide
alternative cooling methods, such as misting machines, but the
burden will be on employers to demonstrate that they are as
effective as the shade requirement. DOSH Acting Chief Len Welsh
told the board that the Division will cite employers if the
alternatives are found not to be at least as effective.
The heat illness regulation also requires employers to train
workers and supervisors on the risk factors for heat illness, how
to avoid it, the employer's procedures for complying with the
standard and emergency procedures if an employee becomes ill.
The permanent standard adoption was timed so that it can take
effect before the emergency standard expires in August. It now goes
to California's Office of Administrative Law (OAL) to make sure it
complies with the state's Administrative Procedures Act. OAL has 30
days to act on the adoption and it will set the effective date of
the standard.
Look for complete details on this historic Cal/OSHA action in
next week's issue of Cal-OSHA Reporter.