41 COR 40-7039 [¶22,304R]
HEAT ILLNESS PREVENTION – CONSTITUTIONALITY
Cal. Code Regs, tit. 8, §3395 (2013) – Cited violations under subsections of §3395 were not unconstitutionally vague for lack of a “triggering provision.”
HEAT ILLNESS PREVENTION – WRITTEN PROCEDURES
Cal. Code Regs, tit. 8, 3395(e)(3) (2013) – Employer failed to show that it had a written heat illness prevention program for employees working outdoors in the heat.
HEAT ILLNESS PREVENTION – ACCESS TO SHADE
Cal. Code Regs, tit. 8, 3395(d) (2013) – The Board rejected the ALJ’s interpretation of §3395(d), which was that access to a shaded area was not required where there was no evidence that any employee working in the vineyard was suffering from heat illness or indicated need for a preventative recovery period. The Board found that access to shade must be permitted and provided at all times, and that Employer had violated the safety order.
HEAT ILLNESS PREVENTION – EMPLOYEE TRAINING
Cal. Code Regs, tit. 8, 3395(e)(1) (2013) – Employer did not provide required heat illness training to employees.
HEAT ILLNESS PREVENTION – SUPERVISOR TRAINING
Cal. Code Regs, tit. 8, 3395(e)(2) (2013) – Employer’s supervisory personnel, who were required to supervise employees working in the heat, were not trained on heat illness prevention.