The Cal/OSHA Standards Board yesterday approved the first regulation in the nation requiring employers to protect workers from heat stress.

The rule, to be found at section 3395 of the Cal/OSHA regulations, will take effect in mid-July. Its provisions are much the same as the earlier emergency rule, which was the subject of our Breaking News article dated 8/13/05.

As with the emergency rule, the final regulation mandates specific training requirements, but is less clear about what heat illness and when it threatens worker safety and health.

The Standards Board defines heat illness as "…a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke." The Board was unable to provide employers (or Cal/OSHA Enforcement for that matter) with an objective measure of when "heat illness" will occur on a specific job or day. The final rule relies heavily on subjective factors, which will vary from employee to employee.

The clearest "trigger" for the rule's application was one of its most criticized elements. In essence, the decision is in the hands of employees:

"Employees suffering from heat illness or believing a preventative recovery period is needed, [sic] shall be provided access to an area with shade that is either open to the air or provided with ventilation or cooling for a period of no less than five minutes. Such access to shade shall be permitted at all times." [Emph. added.]

The new rule will apply only to outdoor worksites. Employees in laundries, foundries and other hot workplaces inside structures are not covered.

For the full text of section 3395, click here (PDF).

For help implementing Cal/OSHA's new rule and for training assistance, call or e-mail us.