5/1からHeat Illness regulationが変わります。
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Outdoor Workplaces? New Heat Illness Regulations Effective May 1
Changes to California’s heat illness prevention standard will take effect on May 1, in time for this year’s growing season and warmer summer weather. The Office of Administrative Law approved the changes and granted the Occupational Safety and Health Standards Board’s request for the accelerated effective date of May 1.
Cal/OSHA is urging employers with outdoor workers to prepare for high heat now. Data from the National Climatic Data Center shows that 2014 was the hottest calendar year on record in California since 1895.
“California has the most extensive heat illness prevention requirements in the country,” said Cal/OSHA Chief Juliann Sum. “The goal is to ensure that outdoor workers are not risking their health.”
Cal/OSHA Guidance
Cal/OSHA created a chart to address the changes and provide guidance on the new requirements. The chart can be downloaded free of charge from HRCalifornia and from Cal/OSHA’s heat illness information page. Employers with outdoor workforces are advised to review the guidance document and consult legal counsel with any questions.
Cal/OSHA also updated this Heat Illness Prevention Enforcement Q&A and plans to revise educational materials on its website shortly.
Employers with outdoor workplaces will need to act now to comply.
Key Points
The following is a brief summary of some of the important changes. The full text of the amendments can be found here. Content on HRCalifornia will also be updated.
Water
Employees, under the existing standard, must have access to potable drinking water meeting certain requirements. The new standard also adds the requirements that the water be “fresh, pure, suitably cool, and provided to employees free of charge.”
Cal/OSHA’s guidance states that the water must be fit to drink and free from odors that would discourage workers from drinking the water. Containers provided to employees must be clean and water provided from non-approved, non-tested water sources (e.g. untested wells) is unacceptable, according to the guidance. During hot weather, Cal/OSHA states that the water must be “cooler than the ambient temperature.”
The water must also be located as close as practicable to the areas where employees work. Cal/OSHA states that during any inspection, the inspector may ask the supervisor to describe factors the employer considered in deciding to place the water. Cal/OSHA also states that when employees are working across large areas, water should be placed in multiple locations.
Shade
Access to shade must be provided when temperatures exceed 80 degrees, instead of the current standard of 85 degrees. The amount of shade present must be enough to accommodate all employees on recovery or rest periods and those onsite taking meal periods. Employers can rotate breaks.
According to Cal/OSHA’s guidance, employers should monitor predicted weather temperatures in advance to know when the temperature will probably exceed 80 degrees.
Preventative Cool-Down Rest
Employees can choose to take a “preventative cool-down rest” in the shade. A similar requirement was already in place but the new standard places more conditions on when workers take these breaks.
A worker who takes a preventative cool-down rest:
Must be monitored and asked if he/she is experiencing heat illness symptoms;
Must be encouraged to remain in the shade;
Must not be ordered back to work until any sign or symptoms have abated, but in no event less than 5 minutes in addition to the time needed to access the shade.
If an employee exhibits signs or reports symptoms of heat illness during the rest, the employer is required to provide first aid or emergency response. According to Cal/OSHA’s guidance, first aid should be initiated without delay due to the fact that progression to more serious illness can be rapid. If heat illness is suspected, emergency medical personnel should be immediately contacted.
Employers must be aware of other “preventative cool down rest periods” requirements, which are a separate set of requirements that apply to high-heat procedures described below.
High-Heat Procedures
Under the current heat illness prevention standard, employers in the agriculture, construction, landscaping, oil and gas extraction, and certain transportation and delivery industries must implement high-heat procedures when temperatures equal or exceed 95 degrees.
The revised standard places new obligations on these employers during periods of high heat:
Employers are now required to ensure effective employee observation and monitoring of signs or symptoms of heat illness. Different monitoring methods are allowed. According to the guidelines, the employer must be able to ascertain the condition of employees at regular intervals, regardless of the method used for observation. The employer must implement one or more of the following methods:
Direct observation of 20 or fewer employees by a supervisor/designee;
A mandatory buddy system;
Regular communication with employees working alone;
Other effective means of observation.
Employers must conduct pre-shift meetings to review high-heat procedures. According to the guidance, the meetings are meant to briefly remind supervisors and employees of the high-heat procedures and not meant to review every element covered in regular training. The meetings should cover such topics as staying hydrated, taking cool-down rests, identifying employees who should call for emergency medical services, and how employees will be observed.
For the agriculture industry, high-heat procedures have been modified to mandate one, 10-minute preventative cool-down rest period every two hours. The regulations and the guidance provide more details on how and when this break must be provided.
Emergency Response Procedures
The new standard contains more detailed requirements regarding emergency response procedures. In the past, emergency response procedures were required only as an element of training.
Employers must implement effective emergency response procedures, including:
Ensuring effective communication so that employees can contact a supervisor or emergency medical services when necessary.
Responding to signs and symptoms of possible heat illness, including first aid measures and how emergency medical services will be provided.
Implementing procedures for contacting emergency responders and, if necessary, transporting employees to a place where they can be reached by a medical provider.
Ensuring that clear and precise directions to the work site are available to be provided to emergency providers, when needed.
Additional burdens on the employer apply when signs or symptoms of heat illness appear:
If a supervisor observes, or an employee reports, signs or symptoms of heat illness, the supervisor must take immediate action commensurate with the severity of the illness.
If the signs and symptoms indicate severe heat illness (such as decreased consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions) the employer must implement emergency response procedures.
Any workers who display or report any signs or symptoms of heat illness must not be left alone or sent home without being offered on-site first aid or emergency medical services.
The guidance states that employers are not required to provide medical personnel on site and supervisors and employees are not expected to have medical expertise.
Acclimatization
Acclimatization is a process by which the body adjusts to work in the heat. Under the old standard, acclimatization procedures were part of the high heat standard applying only to specified industries.
Now, new acclimatization procedures apply to all outdoor places of employment and include close observation of employees during a “heat wave” — defined as any day in which the “predicted” high temperature will be at least 80 degrees and at least 10 degrees higher than the average high daily temperature in the preceding five days.
Employers also must be extra vigilant with new employees — close observation is required for the first 14 days of employment.
Training
The revisions to the heat illness prevention regulations also include new training requirements.
Employers must ensure that supervisors and workers are adequately trained on employer responsibilities and how to recognize and react to heat illness signs or symptoms, including appropriate first aid and/or emergency responses.
Training must be effective. According to the guidance, training must be understood by employees and provided in a language the employees understand. Inspectors will look for indicators that the employer has made a good faith effort to communicate all the essential information to employees.
Heat Illness Prevention Plan
The regulations also detail exactly what needs to be in an employer’s heat illness prevention plan. The plan must be written both in English and in the language understood by the majority of employees.
Best Practices
Employers with outdoor places of employment are advised to:
Review the new regulations and Cal/OSHA guidance. Check the Cal/OSHA website for updates to educational materials.
Review your heat illness and injury prevention plans.
Train supervisors and employees on the new requirements.
Keep records of your training and other compliance efforts.
Consult legal counsel with any specific questions about how the new regulations impact your workforce.