Question >> Summer is almost here. What are my legal obligations as the owner of a landscaping business to protect my employees from heat illness?

Answer >> All employers must provide a workplace that is safe and free of known safety hazards, including protecting employees from heat illness in certain industries. The Division of Occupational Safety and Health Administration enforces California Code of Regulations, title 8, section 3395, which regulates heat illness prevention in all outdoor places of employment. The industries subject to these regulations include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural, construction materials or other heavy materials (e.g., furniture, industrial or commercial material).

Employers in these industries are required to provide:

1. Access to free potable drinking water. The water needs to be fresh, pure, and cool and located as close as practicable to employee work areas. At least one quart of water per employee per hour must be available and needs to be provided for the employee’s entire shift.

2. Access to shade when the outdoor temperature exceeds 80 degrees Fahrenheit. The shade must be located as close as practicable to employee work areas and must accommodate the number of employees on recovery or rest breaks so they can sit in a normal posture entirely in the shade, without having to be in physical contact with other employees. One or more shade areas can be provided if the shade is large enough to accommodate the employees on meal periods and is open to the air or has ventilation or cooling.

When the outdoor temperature does not exceed 80 degrees Fahrenheit, employers must make shade available as described or provide access to shade in a timely manner upon an employee’s request. Employers should encourage employees to take preventative cool-down rest breaks in the shade to protect employees from overheating, should not limit the number of cool-down breaks and should allow employees to rest for at least five minutes in the shade or until any heat related illness symptoms have abated.

Employers are also required to:

1. Monitor weather reports, respond to hot weather advisories, and monitor employees during heat waves.

2. Implement high heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit by observing employees for alertness and signs/symptoms of heat illness, having effective communications means so employees can contact a supervisor if necessary, designating one or more employees to call for emergency medical assistance, reminding employees pre-shift and during shifts to drink water, and to take cool-down rest breaks as needed and to review high heat procedures. Agricultural employers must follow additional requirements;3. Implement emergency response procedures, including but not limited to, having effective communication systems so employees can contact a supervisor if necessary, responding to signs/symptoms of heat illness and contacting emergency services when necessary.

4. Implement employee training for employees and supervisors, including but not limited to, policies and procedures regarding heat illness prevention and how to respond to an employee exhibiting signs/symptoms of heat illness.

5. Implement a written heat illness prevention plan in English and the language understood by the majority of the employees.

For resources and additional information regarding employer obligations related to heat illness prevention, visit California’s Department of Industrial Relations website at https://www.dir.ca.gov/dosh/heatillnessinfo.html and Cal/OSHA’s website at https://www.osha.gov/heat/employer-responsibility, or contact an employment law attorney for assistance.