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Heat Illness prevention and compliance reminder

I highly recommend formal Heat Illness Prevention training, which includes a test, supporting employees and supervisors in understanding their responsibilities under the heat illness regulation. 

When performing a Heat Illness program audit my top five elements that I look for include:

1. Provide 1 quart of water per employee per hour.
2. Be sure that shade and water is as close as practicable. Ideally within 300 feet.
3. Make sure employees and supervisors understand symptoms, and that they have a right to take a break whenever they experience any symptoms.
4. Make sure employees and supervisors know what acclimatization is. If there’s a new employee, Cal/OSHA is likely looking for a buddy system for the first 14 days during acclimatization.
5. Make sure that you have your heat illness prevention program at the worksite. Sometimes this might mean having the heat illness prevention program in the vehicle or equipment that an employee is using to perform work at day as they may be working independently and not in a set location.

If you have any questions or would like to schedule Heat Illness Prevention training or a program audit please contact us.

Have a great and safe day.

Cal/OSHA Proposed Indoor Heat Illness Prevention Standard

California is known for its warm and sunny weather, which can pose a risk for heat illness. Heat illness does not only affect those employees working outdoors under the California sun, it can also affect those indoors, especially during heat waves or in buildings without proper ventilation or air conditioning.

Cal/OSHA has officially proposed an indoor heat illness prevention standard to protect workers from heat-related illnesses in indoor workplaces. This standard would apply to all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present.

Employers would be required to implements measures to protect workers from heat illness indoors including:

• Providing access to drinking water, access to cool down areas, and preventative cool down rest periods.
• Implementing an indoor heat illness prevention program in addition to an outdoor heat illness prevention program (title 8: §3395)
• Monitoring weather conditions and adjusting work practices as needed.
• Implementing engineering or administrative controls to reduce heat exposure, such as providing air conditioning or ventilation systems.
• Training.

In addition, the standard could require employers to provide additional protections for employees working in high-heat areas or under high-heat conditions, including implementing a more comprehensive heat illness prevention plan, conducting pre-shift meetings and monitoring employees for signs of heat illness.

You may read the draft regulation here: https://www.dir.ca.gov/oshsb/documents/Indoor-Heat-proptxt.pdf  The Public Hearing is May 18, 2023.

For more information and to review your current Heat Illness Prevention Program in accordance with title 8: §3395 contact CSTC at 661-377-8300.

Effective January 1, 2023: CA Overtime Rate Change for Agricultural Employees Working for Employers who Employ 25 or Fewer Employees

*double the regular rate of pay required after 12 hours in a workday.

Effective January 1, 2023, California’s overtime rate for ag employees working for employers who employ 25 or fewer employees will change. Ag Employers with 25 or fewer employees will be required to pay overtime for all hours after an agricultural employee works over 9 hours in a day or over 50 hours in a week.

The new requirements are part of the AB 1066 passed by legislature in 2016, this created a timetable for Ag workers to receive overtime pay so that they will gradually receive overtime pay on the same basis as workers in most other industries.

We have witnessed a rise in Cal/OSHA consultation visits and surprise enforcement inspections this year. Typically, these visits include an analysis of programs such as your Injury & Illness Prevention Program, Heat Illness Program, Training Program, and a walk-through inspection of your worksite.

To stay safe and be prepared, ensure your company safety programs are being implemented and are effective.  This means your programs are current and up to date, employees are experienced in the job being performed and employees have effective training in matters respective to their particular job assignments.

Your programs such as your IIPP and Heat Illness Program are required to be updated and reviewed annually at a minimum or whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard. These programs must be readily available for employees to access.

If Cal/OSHA Shows up:

SAFETY COACHING UPDATE SUBMITTED BY BEN W. LAVERTY, III, Ph.D., CSP, FACFE, REPA
 

1.Opening Conference: Issues to be reviewed.

• a. Have IIPP available
• b. Have training records available
• c. Have disciplinary notice(s) available
• d. Have 5 years of OSHA 300 Logs with current year included
• e. Have 5 years of OSHA 300A Logs with current year included

2.  Escort Cal/OSHA person to incident scene using route least likely to offer the Cal/OSHA person a view of other operations.

3.  Be truthful and brief when answering questions.

4.  Do not share opinions on: injured individuals, (verbal or mutual), training programs, competency or supervisory personnel at time of inspection (get all available evidence first).

5.  Make copies of or note any statements made by Cal/OSHA inspector.

6.  If inspector takes a picture, a mirror image of that picture MUST BE taken by company personnel, developed, documented and put into the investigation file.

7.  Never argue with a Cal/OSHA representative.

8.  Do not ask if there will be a citation.

9.  Do not say that you think a citation should be written even if at the time you may think one is deserved. (Yet to be discovered evidence could change your mind…you will have difficulty in taking the statement back).

10.  Be on the alert for verbal entrapment. The inspector will often:

• a. Ask, ask, ask – is the answer the same each time?
• b. Implying “another” usually higher-ranking individual, said the facts were different.
• c. Let Cal/OSHA expert draw and report on any preliminary conclusion, not you.
• d. Don’t get hooked with “what do you think.” Answer with, “I’m holding off on making conclusions until I have all the information.”

11.Closing Conference: Listen and take notes.

I hope everyone is doing well as the spring season begins.  I wanted to reach out to discuss Covid-19 regulations even though it is obvious that most of us humans have some Covid fatigue.

The Cal/OSHA Standards Board voted for a 3^rd re-adoption of the Emergency Temporary Standard (ETS) T8 3205.  It is anticipated to be effective May 6, 2022.

The update includes several minor changes and clarifications, however, doing away with Covid regulations and relying on previous IIPP 3203 regulations or other significant changes were not made.  See link below to 28 page re-adoption document which shows changes.

Highlights – Executive Orders and CDPH orders take a precedence over the ETS. 

• Surfaces are not specifically included as potentially infectious. 
• Return to work testing can be documented by a time stamped photo instead of observation. 
• Allowing light to pass through masks condition is eliminated from the new ETS requirement. 
• “Fully vaccinated” definition has been eliminated. 
• “Infectious period” terminology is used instead of “high risk exposure period.”
• “Returned case” definition added. 
• Employer not required to make testing available to returned cases. 
• No requirement for unvaccinated to be masked indoors. 
• Eliminated the requirement for 6 feet of distance from unmasked employees if employee is utilizing an exemption from mask wearing. 
• Cleaning and disinfection requirements have been eliminated. 
• Employers must provide masks and testing if symptomatic to employees upon request regardless of vaccination status. 
• CDPH guidance shall be followed for close contacts. 
• Return to work after close contact details in ETS have been eliminated including exclusion for vaccinated along with details concerning masking, six feet distance etc. 

(c) (10) Return to work criteria:

• Negative test required if returning to work after 5 days from positive test, no symptoms but no test required if returning to work after 10 days. 
• If you have symptoms and a positive test the symptoms must be resolving. 
• Any positive tested employee must wear a mask when returning to work for 10 days. 
• No testing is required for “returned cases” return to work under (c) (10) if no symptoms.
• Close contacts need a negative test within 3-5 days or follow (c) (10). 
• Distance employees as much as feasible language utilized.

Read link for 3205.2-4 changes.

https://www.dir.ca.gov/oshsb/documents/Apr212022-COVID-19-Prevention-Emergency-txtcourtesy-3rd-Readoption.pdf

https://www.dir.ca.gov/dosh/coronavirus/ETS.html

COVID-19 Prevention Emergency Temporary Standards

The COVID-19 Prevention Emergency Temporary Standards remain in effect. The workplace standards were updated in December 2021 to include minor revisions related to returning to work after close contact. The revisions became effective starting on January 14, 2022. In addition to these requirements, employers must follow public health orders on COVID-19. The latest order from the California Department of Public Health on February 28, 2022 provides new recommendations and requirements on the use of face coverings in certain circumstances and industry sectors. This order became effective on March 1, 2022. More information on the COVID-19 Prevention Emergency Temporary Standards is available in Cal/OSHA's Frequently Asked Questions.

Masks:

From Cal/OSHA FAQs –

Additionally, masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public); on public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares); and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation). Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.

If you have any questions, please contact me.

Stay Safe!

Ben IV

Agricultural workers have been known to work long hours traditionally from sunrise to sunset. There is no denying that working at night presents unique hazards that would not typically exist during the day. Night work or “hours of darkness” is defined as agricultural work activity that takes place between sunset and sunrise.

Effective July 2020, GISO §3449, requires agricultural employers to evaluate each outdoor worksite to ensure that adequate lighting is available during hours of darkness, and operations taking place between sunset and sunrise are illuminated to ensure safe work and visibility.

The illumination levels are dependent on the operation and task being performed, which is outlined below in Table 1 – Illumination Levels. Cal/OSHA uses the reference to foot-candles and lumens which are both units of measuring light.

For example, Workers must have a minimum illumination of 10 foot-candles when working within 25 feet of operating tractors, trucks, self-propelled or towed equipment.

It is also required that safety meetings conducted at the beginning of each shift include how to safely access restrooms, drinking water, designated break areas, nearby bodies of water and high traffic areas. Class 2 high visibility garments must also be provided and worn by workers.

Table 1

For more information and to schedule an inspection with CSTC® call us at 661-377-8300 or email biv@cstcsafety.com.

Tractor accidents on farms cause the highest number of fatalities. Tractor turnovers accounting for 44 % of all tractor fatalities. Roll-Over Protective Structures (ROPS) provide a safer environment for the tractor operator in the event of a rollover. Per CCR T8 §3651, where a recognized hazard exists, operator protection from falling or rolling objects shall be provided by either ROPS or other independent means compatible with the use of ROPS.

ROPS must also bear a label, the labeling must include the following information:

(1) Manufacturer's or fabricator's name and address;

(2) ROPS model number, if any;

(3) Tractor makes, models, or series numbers

that the structure is designed to fit;

(4) A statement of compliance with the appropriate

ASAE Standard or SAE Recommended Practice;

Labels shall be stamped plates or other permanently attached means of identification, and shall not be obscured, obliterated, or changed. CCR T8 §3651(d)(1-4)

In addition to proper labeling, remember operators must always wear their seatbelt when operating equipment where rollover protection is installed.

If you have questions or would like to schedule a Program Audit and Safety Inspection with California Safety Training Corporation®, Contact us at 661.377.8300!

Don’t forget to fill out, submit(as required) and post(Form 300A only) your OSHA 300 logs February 1 – April 30.  Forms can be found at https://www.osha.gov/recordkeeping/forms.

Recordables are an illness that is work-related and result in one of the following:

• Death
• Days away from work
• Restricted work or transfer to another job
• Medical treatment beyond first aid
• Loss of consciousness
• A significant injury or illness diagnosed by a physician or other licensed health care professional.

The forms must be filled out even if no recordable illnesses have occurred.

Outdoor Workplace Challenges

If you are living in the warm climate of the San Joaquin/Central Valley of California, then heat illness is an environmental reality.  This week the temperatures are over 95 degrees which is the “high heat” threshold for several California regulatory requirements including a morning tailgate meeting to encourage workers to drink enough water(see below CSTC’s email tailgate).  Companies must provide 1 quart per person per hour throughout the day.  If you are working 10 hours this could be accomplished by having a 2.5 gallon insulated jug with procedures for replenishment.  Employers must also provide a 10 minute cool down recovery period for every 2 hours worked in temperatures over 95 degrees. 

For us at CSTC we utilize an email to communicate to our instructors/inspectors for the tailgate reminder.  For complete requirements see Cal/OSHA Title 8 3395.

Have a great and safe day!