Cal/OSHA Indoor Heat Citations Upheld

In an unprecedented decision, the California Occupational Safety and Health Appeals Board recently ruled in favor of Cal/OSHA’s 2012 citations against two employers because their Injury and Illness Prevention Programs (IIPP) failed to effectively address the hazard of indoor heat. Keep reading to learn what the decision means for California employers.

 

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The case stemmed from the January 2012 serious citations Cal/OSHA issued to a temporary staffing agency and a warehouse operator for the heat illness suffered by an employee working in the warehouse.

 

On August 30, 2011, an employee of the temporary staffing agency who had been hired to work in the warehouse suffered heat illness while working inside a metal freight container with a temperature over 100 degrees Fahrenheit. He reported his illness to his temp agency supervisor, who arranged for him to be transported to a local clinic by another employee who had also reported heat illness that day.

 

The doctor at the clinic questioned whether the worker might be suffering from dehydration and referred him to the emergency room, but he did not go to the ER. The next day, he was hospitalized for three days due to heat stroke.

 

In January 2012, Cal/OSHA issued serious citations to both companies, each carrying penalties of $18,000, for failing to implement an effective IIPP that addressed the hazard of indoor heat.

 

Both companies appealed the citations to an administrative law judge (ALJ). In March 2015, the ALJ issued its decision in favor of the two companies, dismissing their citations.

 

Cal/OSHA appealed that decision to the Appeals Board, stating that the ALJ should have affirmed the citations because the employers had failed to effectively correct the hazard of indoor heat exposure and had not trained employees on the hazard of indoor heat exposure and heat illness. The three-panel board agreed with Cal/OSHA and overturned the ALJ’s decision.

 

"California is the only state with an outdoor Heat Illness Prevention standard," said Juliann Sum, chief of Cal/OSHA. "Now all workers, including those who work indoors like warehouse workers, are protected from the hazard of heat."

 

Impact of the decision

 

For California employers, this decision is important for two reasons. First, it serves as a reminder that although only outdoor workplaces are specifically covered under Cal/OSHA’s Heat Illness Prevention standard, that doesn’t mean employers with indoor workplaces can ignore the potential hazards of heat illness. The decision in Cal/OSHA’s favor paves the way for indoor heat to be considered a recognized hazard and could serve as leverage for the agency to increase enforcement efforts around this issue.

 

The decision also reinforces the broad application of the IIPP rule and underscores the need for California employers to perform a complete assessment of the hazards their workers are exposed to, even if those hazards are not covered by a specific Cal/OSHA regulation.

 

All employers in California are required to have and implement an IIPP, which is a written plan that details an employer’s procedures and strategies for safety and health compliance. The eight required elements of an IIPP in California are responsibility, compliance, communication, hazard assessment, accident and exposure investigation, hazard correction, training and instruction, and recordkeeping.

 

Finally, according to Cal/OSHA, the decision reinforces the fact that all employers have a responsibility for ensuring compliance with all occupational safety and health standards, not just the employer in charge of the worksite.

 

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