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CalOSH's New Regulations: Make Sure Workers Can Take the Heat

Melissa Listug Klick
Paul, Plevin, Sullivan & Connaughton


While Californians have been buying out air conditioners and fans for this season's record temperatures, the California Occupational Safety and Health Standards Board has been hard at work finalizing regulations aimed at preventing heat-related injuries at work.

These regulations, which became effective July 27, pertain to all outdoor work environments. It is no secret that California's heat has been grueling, and even deadly, to Californians throughout this season, but most employers don't know what, if any, responsibilities they have to ensure employee safety during this time. While the basics of water, shade and basic awareness training may seem common sense, here's some assistance with the "fine print."

Although similar "emergency" regulations were enacted last summer, the old emergency regulations only applied when "environmental risk factors for heat illness" were present. The former regulations did not define what that meant, instead relying on a list of factors, including temperature, humidity, "other heat sources," and "type of work" without saying precisely what temperature, humidity, etcetera made the regulations kick in.

Not surprisingly, the emergency regulations were criticized for their vagueness. So, to solve this conundrum, the new permanent regulations are simply applicable for all outdoor work, at any time. This new formulation doesn't really seem any more practical, but perhaps it erases ambiguity for CalOSH's enforcement of the regulations.

The regulations require the employer to provide three things: water, shade and training. As to water, the regulations provide that an employer must make available at least one quart of water per hour for each employee who is working outdoors. Further, employees must be provided with access to shade (temporary shade such as a canopy is acceptable) throughout each shift. In non-agricultural areas, another cooling mechanism such as "misting machines" may be provided if the employer can demonstrate the measure does the trick.

Along with the shade availability, employees must be provided the opportunity to cool off in the shade for at least five minutes anytime the employee believes that a "preventative recovery period" is required. (Wantonly, this term is not well defined and suggests the employee is entitled to a break whenever he or she requests one.)

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Business Exchange & Showcase Super Mixer

Look forward to a spectacular buffet and an evening filled with great networking.
The mixer will feature the 100 businesses that participated
in the Business Exchange & Showcase.

When: Thursday, September 21
Business Exchange & Showcase: 3:30 p.m. - 5 p.m.
Business After Five Mixer: 5:30 p.m. - 7:30 pm

Where: Best Western Hacienda Hotel Old Town, El Presidio Room
4041 Harney Street, San Diego, CA 92110

Cost: $250 Tabletop
$20 Chamber Members
$45 at the Door

For more information visit www.sdchamber.org.

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Leveraging its robust membership, collaborations with other organizations and political access, the San Diego Regional Chamber of Commerce's business advocacy team initiates legislation and lobbies for policies that create a stronger pro-business environment.