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Teenager's Death Demonstrates Need For Employers To Exercise Heat Precautions

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July 1, 2008

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The recent death of a farmworker who had been working in 100-degree heat has brought a renewed focus on Cal/OSHA's Heat Illness Prevention regulations. These regulations apply to any employer whose employees are working in conditions where exposure to heat can lead to a serious medical condition affecting the employee's health.

Maria Isabel Vasquez Jiminez, a 17-year old pregnant Mexican immigrant, collapsed and died while pruning grape vines in 100-degree heat in San Joaquin county. The farmworkers' union alleged that she died because the farm labor contractor that employed her failed to provide proper access to shade and water. Governor Schwarzenegger called Ms. Jiminez's death preventable and State officials revoked the farm labor contractor's license.

This incident sparked greater enforcement of Cal/OSHA's Heat Illness Prevention program. Title 8 of the California Code of Regulations (CCR) requires every employer to have a written "Injury and Illness" prevention plan. This plan must comply with Section 3203 in Title 8 of the CCR. For employers whose employees are exposed to heat that could cause a serious medical condition, the employer must have a written "Heat Illness Prevention" plan that complies with Section 3395 of Title 8 of the CCR. In addition, such employers are required to do the following:

  • Train all employees and supervisors about heat illness prevention.
  • Provide enough fresh water so that each employee can drink at leastone quart per hour, and encourage them to do so.
  • Provide access to shade for at leastfive minutes of rest when anemployee believes he or she needs a preventative recovery period.
  • Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard.

These regulations do not just apply to agriculture. They apply to any employer with employees who are exposed to prolonged heat. The construction, service, transportation and public safety industries are all at risk for these types of injuries. Further, while the majority of heat related illnesses involve outdoor work, following these guidelines can be useful for indoor workers, too.

If your employees will be exposed to prolonged heat this summer, you need to comply with the requirements of the Cal/OSHA Heat Illness Prevention program. If you need assistance designing such a program, you can contact Cathy Arias, the chair of Burnham Brown's Employment Law Department. She specializes in counseling and defending employers. She can be reached at 510.835.6806 or carias@burnhambrown.com. You can also contact Jim Blake. He specializes in representing contractors and subcontractors. He can be reached at 510.835.6827 or jblake@burnhambrown.com.

July 1, 2008

By:

The recent death of a farmworker who had been working in 100-degree heat has brought a renewed focus on Cal/OSHA's Heat Illness Prevention regulations. These regulations apply to any employer whose employees are working in conditions where exposure to heat can lead to a serious medical condition affecting the employee's health.

Maria Isabel Vasquez Jiminez, a 17-year old pregnant Mexican immigrant, collapsed and died while pruning grape vines in 100-degree heat in San Joaquin county. The farmworkers' union alleged that she died because the farm labor contractor that employed her failed to provide proper access to shade and water. Governor Schwarzenegger called Ms. Jiminez's death preventable and State officials revoked the farm labor contractor's license.

This incident sparked greater enforcement of Cal/OSHA's Heat Illness Prevention program. Title 8 of the California Code of Regulations (CCR) requires every employer to have a written "Injury and Illness" prevention plan. This plan must comply with Section 3203 in Title 8 of the CCR. For employers whose employees are exposed to heat that could cause a serious medical condition, the employer must have a written "Heat Illness Prevention" plan that complies with Section 3395 of Title 8 of the CCR. In addition, such employers are required to do the following:

  • Train all employees and supervisors about heat illness prevention.
  • Provide enough fresh water so that each employee can drink at leastone quart per hour, and encourage them to do so.
  • Provide access to shade for at leastfive minutes of rest when anemployee believes he or she needs a preventative recovery period.
  • Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard.

These regulations do not just apply to agriculture. They apply to any employer with employees who are exposed to prolonged heat. The construction, service, transportation and public safety industries are all at risk for these types of injuries. Further, while the majority of heat related illnesses involve outdoor work, following these guidelines can be useful for indoor workers, too.

If your employees will be exposed to prolonged heat this summer, you need to comply with the requirements of the Cal/OSHA Heat Illness Prevention program. If you need assistance designing such a program, you can contact Cathy Arias, the chair of Burnham Brown's Employment Law Department. She specializes in counseling and defending employers. She can be reached at 510.835.6806 or carias@burnhambrown.com. You can also contact Jim Blake. He specializes in representing contractors and subcontractors. He can be reached at 510.835.6827 or jblake@burnhambrown.com.