Even though many of us are heading into the late fall and we know cooler temperatures are around the corner, heat is still a big safety concern for workers both indoors and outdoors. In California, a new precedent has been set that hopefully will go a long way in protecting workers from stifling heat in both indoor and outdoor conditions.
According to a press release from the California Department of Industrial Relations, the state’s Occupational Safety and Health Appeals Board ruled that Cal/OSHA citations against two employers for failing to effectively address indoor heat in their required Injury and Illness Prevention Programs (IIPP) could stand. It was the first case regarding indoor heat that the Appeals Board ruled on, and it determined that workers in California are not only protected from outdoor heat but indoor heat as well because it said that the state’s IIPP standard can be used to address hazards that are not specifically identified in the standard, hazards like indoor heat. Hazards that are present on the job site must be addressed even if they are not specifically mentioned in the state’s general safety standards.
Every employer must have an IIPP that complies with safety standards and trains their employees know the standards and be able to recognize hazards on the job. California already had an outdoor Heat Illness Prevention Standard and remains the only state to have this, now its workers are protected from indoor heat as well.
Heat can be a dangerous thing. Not only are workers at risk of heat stroke or dehydration, but the heat can also be distracting to the point of making serious mistakes and possibly causing yourself or another worker harm.
In January of 2012 Cal/OSHA cited Tri-State Staffing (TSI) and the National Distribution Center (NDC) warehouse operator for a heat related illness that an employee suffered in August of the previous year. Domingo Blancas was hired by TSI and worked in an NDC warehouse He was working inside a freight container that was over 100 degrees. He reported a heat related illness to his supervisor and went to a clinic where he was referred to the Emergency Room because the clinic doctor thought he might be dehydrated. Blancas did not go to the ER and instead ended up in the hospital for heat stroke for three days.
TSI and NDC were fined $18,000 for failing to implement an effective IIPP which they appealed. The Administrative Law Judge dismissed the initial citations which Cal/OSHA appealed, and their citations were upheld by the Appeals Board. They determined the employers did not correct the indoor heat hazards and did not train their employees on this hazard or any possible illnesses or injuries that could result from it. They also reinforced the fact that all employers, not just the ones responsible for the worksite, are in charge of ensuring that their workers are trained on safety standards which is why TSI was also named in the citations.

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