Pertinent Laws and Regulations Employer Responsibilities
As a matter of state and federal law, employers are supposed to help the people they hire avoid heat stress. Specific obligations extend beyond the general OSHA (federal) and Cal-OSHA requirements to provide a safe and healthful workplace. In California, standards under both the Labor Code (8 Cal. Code Reg. sec. 3457) and the Food and Agriculture Code mandate: (a) "training" to increase employee understanding of heat stress and hydration, and (b) provision of potable drinking water, fresh and pure, suitably cool, in sufficient amounts, in locations readily accessible to all employees, and dispensed in single-use cups or fountains. In short, employers are to provide cool water, allow continuous access to it, and explain to workers why they should drink it.Related standards in Title 8 of the Cal Code of Regulations generally require employers to establish an effective Injury and Illness Prevention Program (sec. 3203), provide potable water for drinking and washing in all places of employment (sec. 3363), and arrange for first aid and effective medical response to injury in remote as well as central locations (sec. 3439). Though lawmakers do not envision that regulations will eliminate workplace injuries, they do believe that regulations will reduce workplace injuries (sec. 3200).
Agency Recommendations
Both the Centers for Disease Control and the Environmental Protection Agency advise that employers plan work-rest cycles and educate workers on the dangers of heat stress and the importance of drinking water. The EPA further suggests that employers also allow workers to slowly adjust to climate changes by gradually increasing the time of work in the heat by about an hour a day until full acclimatization is approached (EPA's Guide to Heat Stress in Agriculture). Several fact sheets, technical papers, and other publications present more recommendations from public health and regulatory agencies.Consideration of a Heat Stress Standard
The current requirement to make cool drinking water available at all times is part of a "field sanitation standard" that also includes provision of toilet and hand-washing facilities. The Research and Standards Development Unit, California Department of Industrial Relations, is currently considering a more specific regulation for occupational heat stress control. An Advisory Committee on Heat Stress Regulatory Development met first on 12/9/99 and again 1/25/00 (click date for meeting notes).