Labor law information by Anthony Raimondo

The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with Anthony Raimondo at McCormick Barstow LLP in Fresno, at (559)433-1300 for individual responses to questions or concerns regarding any given situation.

BE PREPARED FOR THE HEAT

By Anthony P. Raimondo

California’s first heat wave of 2010 is predicted to start in the coming week.  Dairies are considered outdoor workplaces for purposes of California’s heat stress prevention regulation, and Cal/OSHA is expected to be conducting sweeps throughout the state.

Cal/OSHA has issued a press release giving the following guidance:

“Workers who are not acclimated to heat are at risk from developing heat illness, even in relatively low temperatures, and lack of acclimation is one of the biggest risk factors in the hazard.

California's Division of Occupational Safety and Health (DOSH) urges employers to ensure that all supervisors and workers are trained to recognize the symptoms of heat illness and know what they need to do when they observe such symptoms, which include hot, dry skin, headaches, muscle cramps, fatigue and disorientation. In such cases, a supervisor should be notified that the worker needs help; he or she should be moved to a cooler place to rest in the shade and have their clothing loosened; given water, little by little and be otherwise cooled with ice packs or soaking their clothing; and medical responders should be immediately summoned.

DOSH has begun its yearly heat sweeps to ensure compliance with General Industry Safety Orders section 3395. Already this year, the agency has conducted more than 650 inspections and it will ramp up enforcement activities in the coming week. "For outdoor workers, the hot sun with high temperatures can be life-threatening," DOSH warns.

Under the heat illness regulation, employers are required to provide employees working outdoors with at least two gallons of clean, cool drinking water per person per day, and access to shade. Employers are cautioned to encourage workers to drink 8 ounces of water every 15 minutes. Instead of gulping large quantities of water after long intervals, workers should take smaller drinks more frequently, providing steady hydration to counter the loss of bodily fluids as workers sweat. Additionally, "The hotter the weather, the more workers should be encouraged to take rest in the shade periodically and pace themselves," DOSH says.

Under the heat illness standard, employers of outdoor workers are required to develop and implement a written heat illness prevention plan, a plan for heat-related medical emergencies, and provide training for all workers.”

While in past sweeps, dairies have not been a primary target, the industry generally remains unprepared with respect to heat stress compliance.  Most inspections to date have focused on harvesting operations of growers and farm labor contractors, but there is nothing to stop the agency from inspecting dairies during their sweeps.  Most dairies do not have problems with shade due to barns, and typically have a plumbed water supply for the workers, but some additional steps should be taken: 

• Make sure that workers are not drinking from a hose.  Provide water fountains, or single use drinking cups.  Drinking from a hose will often trigger an OSHA citation.
• Make sure workers and supervisors are trained on heat stress prevention, and are advised to drink plenty of water.
• Make sure workers and supervisors are trained in emergency response in the event a worker goes into distress.  A CPR certified employee should be on site at all times.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Anthony Raimondo at McCormick Barstow LLP in Fresno, at (559)433-1300.