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The Summer Edition: Sun, Snakes, Spiders and other Scintillating Stuff
June 25, 2010
It is June and the hot weather is here! If you haven't yet, NOW is the time to pull out your Heat Illness Prevention (HIP) Program and give it the once over. We don't just mean read it and put it back on the shelf either. We have said it before and will say it again: It is not what you say you are going to do, it is what you do.
We can't summarize all of the regulation's requirements (and the Division's added "interpretations") here. If you have any lingering questions regarding HIP or the regulation, we can link you to the Division's website: www.dir.ca.gov/DOSH/HeatIllnessInfo.html.
One issue deserves some special attention: Acclimatization. Now, and any time there is an unusual spike in temperature, employees' tolerances may lag behind. An individual's personal tolerance and ability to acclimatize can vary dramatically, depending upon a lot of factors unknown to an employer. How do you meet your obligation to address acclimatization?
One answer is TRAINING. Your training may prevent heat illness by giving workers tools to effectively monitor and regulate their own condition. It also will be the Division's focus in the event of a heat related illness investigation. So,... DO IT..... DOCUMENT IT.... DO IT AGAIN.
On another note... One of us ran into a friendly reptile last weekend. It was an uneventful encounter but the happy little rattle was a reminder that summer time is also recreation time for the Crotalinae family. What do snakes have to do with occupational safety? There is no regulation on point. And, we admit, there are no Appeals Board Decisions discussing the hazards associated with these scaled beings . Does that mean that snake bite prevention and care can be ignored? Does that mean that the Division would not issue a "snake bite related" citation if given half a chance? NO and NO.
Having no regulation on point won't faze the Division. As more than one inspector has said: AIf I can't find anything else, I always have 3203." That section requires employers to identify hazards and to take steps to address them. This could include snake bite prevention and treatment if there is a reasonable expectation that employees will be in proximity to snakes while on the job. And, using Cal/OSHA's magic rearview mirror, it certainly would if someone gets bit.
We are aware of one employer who was issued a serious citation for not providing appropriate personal protective equipment to a worker stung by a bee brought in to pollinate vines the worker was pruning. From buzz to rattle is not much of a stretch.
But we are no experts on the Crotalinae family of fine snakes, so we are pleased to refer you to: en.wikipedia.org/wiki/Rattlesnake#Bites
That brings us to... Spiders. While we are avoiding lumping snakes and spiders into a Athose icky things@ category, they may be treated similarly with respect to hazard analysis: If there is a reasonable expectation that employees will encounter a hazard related to snake or spider .... or cat, dog or sea monkey for that matter .... the employer is obligated to take steps to eliminate the hazard.
And, in closing, our Fun Fact for the day: There have been more than 8,000 diagnoses of brown recluse spider bites in California. Problem is, there are no brown recluse spiders in California. They cannot survive in our climate. So, what are those horrifying, bloody, crater-like injuries we all believed are spider-related? Well, according to our sources, the most likely explanation is MRSA. We will leave that for another day. And have a care-free summer.
1 Though, there is one ALJ decision that references a rubber snake. Want to guess the hazard in that case?
2 While this does sound like a line from a Country & Western song, it is really a reference to Title 8 California Code of Regulations section 3203 the Injury and Illness Prevention Program (IIPP) requirement.
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