Cal/OSHA targeting construction industry in heat sweeps

As temperatures climb across Southern California, the Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) is stepping up enforcement of heat illness regulations at jobsites, paying particular attention to the construction industry.

“While we have seen growing compliance with the heat illness prevention regulations, all employers must continue to be vigilant and take necessary precautions to prevent serious worker illness and death due to high heat,” says Cal/OSHA Chief Ellen Widess. “We will be out there across the state, ensuring that all employers are complying with the heat standard.”

Cal/OSHA enforcement efforts include statewide traveling heat sweeps.

“Our program will be strategic, focusing on workers at highest risk in outdoor industries such as construction, landscaping, agriculture and locations where we expect to find serious violations,” says Widess. “All employers should know that during times of high heat, if we find that conditions at an outdoor worksite are putting vulnerable employees at risk due to lack of shade or water, we will shut them down until hazards are abated.”

Heat regulation changes
The heat illness prevention standard was strengthened last year to include a high-heat provision that must be implemented by five industries when temperatures reach 95 degrees. Those industries are agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural products, construction material or other heavy material.

In addition to the requirements in the previous heat regulations, employers must now also observe employees, closely supervise new employees, and remind all employees throughout the shift to drink water.

Training is mandatory
The heat standard requires that employers train every employee, including supervisors, on the signs, symptoms, treatment and prevention of heat illnesses. Cal/OSHA says it’s providing outreach, consultation, and educational programs on heat illness prevention for employers and workers.

“The Cal/OSHA Consultation Program is working to train employers and to identify those who engage in best practices for heat illness prevention and other worksite safety protocols,” says Widess.

Fresh water
Employers must provide enough cool, potable, fresh water to allow each employee to drink at least four cups of water an hour and must remind employees to drink water at regular intervals. The standard suggests employees drink water at 15- to 20-minute intervals.

Adequate shade
When the temperature exceeds 85 degrees F, employers must provide enough shade to accommodate at least 25 percent of employees on the shift at one time, with enough additional shade for any employees who might request it. Employers must allow workers access to shade for at least five minutes of rest whenever they request it. The shade must be as close as practical to where employees are working and no farther than a 2.5 minute walk away. Access to shade must be permitted at all times.

An adequately shaded area is defined as “one in which objects do not cast a shadow and there is enough area for the employee to be comfortable.” Umbrellas, canopies, and other temporary structures are good sources of shade. Buildings and trees qualify if sunlight is blocked and there’s air movement; however, shaded areas that prevent cooling, such as metal sheds or construction equipment, do not qualify as shade under the standard.

Weather monitoring
Supervisors must be trained and assigned to track the jobsite’s weather by monitoring predicted temperature highs and periodically using a thermometer. Supervisors must be instructed on how weather information will be used to modify work schedule, increase water and rest breaks, or stop work early, if necessary.

Employers are responsible for the working conditions of employees who are exposed to sudden heat they aren’t used to. Gradual exposure to heat gives employees time to become accustomed to higher temperatures, and most people adjust to the heat within four to 14 days.

The company must have a plan for lessening the intensity of work and/or the length of the shift for newly hired employees’ work during a two or more week break-in period. Modify work schedules or reschedule non-essential duties during the hot summer months and be extra-vigilant to watch for symptoms of possible heat illness.

High heat procedures
When temperatures reach 95 degrees F, additional measures must be put in place. A designated person must:
● Ensure effective communication by voice, observation, or electronic means is maintained so employees at the worksite can contact a supervisor when necessary. If the designated person is unable to be near the workers to observe them or communicate with them, a cell phone or text messaging device, can be used if reception in the area is reliable.
● Observe employees for alertness and signs and symptoms of heat illness.
● Remind employees to drink plenty of water.
● Closely supervise a new employee, or assign a “buddy.”

A formal company plan
The heat standard requires employers to have a formal company heat illness prevention procedure in writing. Each employees must be given a copy and it should also be available to give to representatives of Cal/OSHA if they request it, which means it should be on or near every jobsite. The procedure should detail how your company will:
● Provide access to water and shade.
● Monitor the weather.
● Institute high heat procedures and provide acclimatization.
● Train all employees and supervisors.
● Respond to heat illnesses without delay, providing first aid and emergency services.
● Contact emergency medical services and if necessary transport employees.
● Procedures that ensure clear and precise directions to the work site, including designating a person to be available to ensure emergency procedures are invoked when appropriate.
● High heat procedures the company will use when the temperature equals or exceeds 95 degrees F.

Cal/OSHA provides a Employer Sample Procedures for Heat Illness Prevention form to help you create your own company form and make sure nothing is omitted (dir.ca.gov/dosh/dosh_ publications/ESPHIP.pdf). However, don’t simply download and use the sample form. You must create your own.

Cal/OSHA requires you to “tailor these procedures to your work activities, evaluate and consider the individual conditions present at your site (such as, but not limited to): size of the crew, the length of the work-shift, the ambient temperature (which can be taken either with the aid of a simple thermometer or by monitoring the weather) and the presence of personal protective equipment or additional sources of heat. Again, these sample procedures do not include every workplace scenario, so it is crucial that your company evaluate and take into account conditions found in your individual workplace that are likely to cause a heat illness.”

Enforcement
Employers risk a serious citation if the outdoor temperature at the jobsite exceeds 85 degrees F and any of these required elements are not present at the site:
● Drinking water and shade
● Trained employees or supervisor
● Emergency response procedures
An Order Prohibiting Use (OPU) and a serious citation may be issued if the heat and lack of facilities create an imminent hazard. An OPU may be issued if:
● The temperature is ≥ 95 degrees F and water, shade, training or emergency procedures are not in place
● The temperature is ≥ 85 degrees F, and there is a heat wave, heavy workload or other critical factor putting employees in danger.
An OPU will shut down the operation, and work will not be allowed to resume until the employer demonstrates that the imminent hazard has been corrected.

For more on heat illness prevention and training material, visit dir.ca.gov/dosh/heatillnessinfo.htmlor the Water Rest Shade site at 99calor.org/campaign.