DRAFT
The Heat Illness Prevention Coalition (Coalition) presents these comments in response to the revisions
to the heat illness prevention regulation 15-day notice. First, we wish to thank the Division for
acknowledging the challenges with provisions in the original proposed revised regulation, and making
changes. The revisions have provided some needed clarity and addressed many of our concerns.
However, we urge the Board to request the Division make several further revisions to provide clarity and
consistency, as well as make minor revisions to enable compliance.
The Coalition must reiterate our concern that the appropriate data and rationale has still not been
provided to justify changes to the regulation. California has many years of experience regarding heat
which has not been shared with the public to demonstrate the need for changes to the current
regulation.
Comments Regarding Addition to the Rulemaking File of Document Relied Upon
Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report “Heat Illness and
Death Among Workers-United States, 2012-2013” August 8, 2014/63(31);661-665
The Coalition has reviewed this study and concludes that it is not a relevant comparison to California
and therefore not appropriate to rely on its findings and assertions for this rulemaking. For these and
other reasons, this report should not be relied upon:
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There is no federal heat illness prevention rule as compared to California with the only heat
illness prevention rule in the country.
The CDC reports on 13 cases of outdoor workers across the country, none of them agricultural
workers.
The intent of the report is to “understand the effectiveness of existing heat illness prevention
campaigns and tools” however, it is not specific to California and the impact of our heat illness
prevention rule on the incidence of heat illness.
Most of the cases reviewed in the study had no heat illness prevention plan.
The important elements of a heat illness prevention plan as discussed in this report are in
California’s heat illness prevention regulation.
Comments Regarding Proposed Modifications to Section 3395 Heat Illness Prevention (15-Day Notice)
Primary Concerns:
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Access to shade requirements – technical clean up and modify scope
Acclimatization provisions - consistency needed
Emergency response procedures – supervisor medical determination
Water – proposed clear definition
Agriculture-only rest breaks – provide clarity
Our focus in this comment letter is to offer constructive revised language to address our most significant
concerns. While we have identified other provisions of concern, we have limited our comments to these
five areas.
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1. Access to shade requirements
Subsection (d) (1) Access to shade
Division proposed, modified language
(1)Shade required to be present when the temperature exceeds 8580 degrees Fahrenheit. When
the outdoor temperature in the work area exceeds 8580 degrees Fahrenheit, the employer shall
have and maintain one or more areas with shade at all times while employees are present that
are either open to the air or provided with ventilation or cooling. The amount of shade present
shall be at least enough to accommodate 25% of the number of employees on the shift at any
time meal, recovery or rest periods, so that they can sit in a normal posture fully in the shade
without having to be in physical contact with each other. The shaded area shade shall be located
as close as practicable to the areas where employees are working but no farther than 700 feet
walking distance from the area where any employee is working unless the employer can
demonstrate that terrain or other conditions prohibit locating the shaded area within the
prescribed distance.
Generally, employees take meal periods without supervision and are free to leave the work area, go to
their cars or off site during these breaks.
However, the coalition believes employers can reasonably provide shade for those employees on rest
breaks and for preventative cool-down rests.
To provide clarity and consistency, as well as to create a rule which employers can realistically comply
with, the Coalition suggests the following revision:
Coalition proposed change
(1) Shade required to be present when the temperature exceeds 8580 degrees Fahrenheit.
When the outdoor temperature in the work area exceeds 8580 degrees Fahrenheit, the
employer shall have and maintain one or more areas with shade at all times while employees
are present that are either open to the air or provided with ventilation or cooling. The amount
of shade present shall be at least enough to accommodate 25% of the number of employees on
the shift at any time meal, recovery a preventive cool-down rest or rest periods, so that they
can sit in a normal posture fully in the shade without having to be in physical contact with each
other. The shaded area shade shall be located as close as practicable to the areas where
employees are working but no farther than 700 feet walking distance from the area where any
employee is working unless the employer can demonstrate that terrain or other conditions
prohibit locating the shaded area within the prescribed distance.
2. Acclimatization provisions
Subsection (g) Acclimatization, Subsection (h) (1) (D) Training, and Subsection (i) (4) Heat Illness
Prevention Plan
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The Coalition suggests the following language to provide clarity and consistency as well as to reflect the
intent as stated by the Division that Subsection (h)(1)(D) be clarified “so that it includes training on the
employer’s procedures for acclimatization.” (Initial Statement of Reasons, Page 6 of 15) Further,
Subsection (g) Acclimatization contains the procedures that employers must develop, follow and upon
which employees must be trained. The Coalition’s suggested changes tie all the elements together.
Subsection (h) (1) (D) Training
Division proposed, modified language
(D)The concept, importance, methods of acclimatization, and the employer’s procedures under
subsection (g)(3)(i)(4).
Coalition proposed change
(D)The concept, importance, and methods of acclimatization, and pursuant to the employer’s
procedures under subsection (g)(3)(i)(4).
Subsection (i)(4) Heat Illness Prevention Plan
Division proposed, modified language
(4) Acclimatization procedures in accordance with subsection (g).
Coalition proposed change
(4) Acclimatization methods and procedures in accordance with subsection (g).
3. Emergency response procedures
Subsection (f) Emergency Response Procedures
Division proposed, modified language
(A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in
any employee, the supervisor shall take immediate action commensurate with the severity
of the illness.
Based on observation or an employee report of symptoms, this provision requires a supervisor to make
a medical determination as to the severity of heat illness and take appropriate action based on his/her
determination of severity.
The symptoms of heat illness can be as subtle as tiredness or may be confused with the symptoms of
other serious medical conditions. Supervisors and designated employees are not qualified to make
those determinations. The proposed language in this provision requires supervisors to make a medical
observation and determination. The following amendment to the provision clarifies that the supervisor’s
duty is to take action, but not to make a determination of the severity of the condition.
Coalition proposed change
(A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in
any employee, the supervisor shall take immediate action commensurate with the severity of
the illness.
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4. Water
Subsection (c) Provision of water
Division proposed, modified language
(c) Provision of water. Employees shall have access to potable drinking water meeting the
requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the
requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The
water shall be located as close as practicable to the areas where employees are working. Where
drinking water is not plumbed or otherwise continuously supplied, it shall be provided in
sufficient quantity at the beginning of the work shift to provide one quart per employee per
hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of
water if they have effective procedures for replenishment during the shift as needed to allow
employees to drink one quart or more per hour. The water provided shall be fresh, pure and
suitably cool, and shall be provided to employees free of charge. The frequent drinking of water,
as described in subsection (f) (h) (1)(C), shall be encouraged.
The Coalition would suggest clarifying the Division’s intent per the Notice of Proposed Modifications,
page 1 subsection (c) that the “Language regarding quality of water is drawn from other existing safety
orders, therefore, it is not being changed.” The proposed modified language implies that all
requirements for provision of water meet the requirements of Section 3457. In order to clarify that each
industry sector is required to comply with applicable provisions, and to further clarify the quality of the
water, the Coalition suggests the following language:
Coalition proposed change
(c) Provision of water. Employees shall have access to potable, clean and sanitary drinking
water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but
not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees
free of charge. The water shall be located as close as practicable to the areas where employees
are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall
be provided in sufficient quantity at the beginning of the work shift to provide one quart per
employee per hour for drinking for the entire shift. Employers may begin the shift with smaller
quantities of water if they have effective procedures for replenishment during the shift as
needed to allow employees to drink one quart or more per hour. The water provided shall be
fresh, pure and suitably cool, and shall be provided to employees free of charge. The frequent
drinking of water, as described in subsection (f) (h) (1)(C), shall be encouraged.
5. Agriculture-only rest breaks
The Coalition supports the agriculture industry proposed revisions to subsection (e)(6) high heat
procedures to address rest breaks for workdays exceeding 8 hours.
Conclusion
While the Coalition appreciates the attention to our concerns to the original proposed revisions to the
to the heat illness prevention regulation, serious concerns remain with the revised proposed language.
We have provided recommended revisions to the language in order to address our concerns and provide
clarity and consistency.
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