Cal OSHA Heat Illness Standard Section 3395: What you should know to be compliant.

As we in Southern California move toward the summer season, the weather presents a unique challenge to companies that have employees who work outdoors.  The weather can change frequently, from lows of 60’s to highs in the mid 80’s in just a few days, yet the Cal OSHA heat illness regulation does not change.  The standard takes affect whenever the temperature exceeds 85 degrees Fahrenheit, regardless of which month or season.  California has made this standard one of the top enforcement priorities and as we move closer to summer, you can be certain that Cal OSHA enforcement will conduct sweeps frequently (keep in mind that new regulations have made it easier for Cal OSHA to issue serious violations, see previous blog post). 

The underlying premises of the standards are:  provide hydration and shade for employees, recognize heat illness symptoms, and provide access to first aid.  Our goal in this blog post is to highlight the main elements, but please be sure to read the standard completely (http://www.dir.ca.gov/Title8/3395.html):

• The standard is triggered at 85˚F, which can be measured on site or can be measured by following the daily weather forecast;
• A sufficient amount of water (at least 1 quart per employee per hour) must be supplied at the beginning of the shift, unless the water can be replenished throughout the day.  Note:  This can be conducted by water bottles (i.e. Sparkletts) or by a water jug.  For water bottles, make sure the employees write their names on the bottles, and provide cups for the water jug.  Remember:  Cal OSHA also has hygiene standards;
• Access to shade; at least enough shade to accommodate 25% of the number of employees on the shift, sitting in a normal posture without physical contact with each other;
• Employees are encouraged to take cool down rest periods in the shade if they feel any heat illness symptoms;
• Training:  the most critical element of the program.  Subsection F of the standard outlines the core elements, but this step is essential to the entire program.  Frequently, citations are issued because the employees or supervisors haven’t been trained or do not retain the information.   Frequent, repetitive communication will reinforce the program and go a long way toward compliance and the prevention of citations;
• There are additional high heat standards for temperatures above 95˚F for certain industries;
• Program must be in writing.  If it’s not in writing, then there is no program. 

A note for staffing companies:  it’s imperative that you have a program for your employees and coordinate with your customer. 

Currently, California is the only state that has a heat illness standard.  That being said, Fed OSHA is reviewing the standard and may incorporate as a federal standard, which in turn will affect every state.  Please be sure to develop your program, not only will you be in compliance, but it will prevent injuries and illnesses to your employees.  Please follow the link for additional resources http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html , and as always, please do not hesitate to contact us at safety@ewspros.com with any questions.