CalOSHA Releases Latest Draft Changes to Indoor and Outdoor Heat Illness Regulations
CalOSHA has released their latest proposed changes to the Indoor (§3396) and Outdoor (§3395) Heat Illness Standards. CalOSHA somewhat addressed one of the biggest concerns in the previous draft with regards to the acclimatization requirements. Previously, the draft regulations required a phased-in work schedule for new or returning employees that had been away from the job for more than 14 days. The phased-in work schedule mandated employees only work 20% of their normal work schedule on the 1st day, 40% on the 2nd day, 60% on the 3rd day, 80% on the 4th day, and then full schedule on the 5th day. Under the proposed changes, they have now provided an alternative option that requires specific training at the beginning of the shift for each of those same days. They have also provided a less restrictive requirement for returning employes that allows them to work 50% of their normal work schedule on the first day, 60% on the 2nd day, and 80% on the 3rd day. CalOSHA has also added a peculiar new section to both regulations that reads as follows:
The Division may require an employer to take additional actions to prevent employee heat illness in employees through the issuance of an Order to Take Special Action. Such additional actions may include, but are not limited to, the use of wearable technology that monitors the user’s physiological responses to heat stress, where the employer is responsible for ensuring that health data is kept secure and not used to discriminate against employees.
There could be several issues with this kind of requirement, and the Association is looking into these. Comments are due on September 21st and the Association will be weighing in on the proposed changes.