Protecting yourself from heat-related illness

From the Law Office of Beeson, Tayer & Bodine

By some counts, hundreds of workers die in California from heatrelated injuries during the summer.This column describes some of the legal protections you have, and the penalties your employer could face if it violates your rights.

Farm workers are not the only workers at risk from heat-related injuries. Agricultural workers account for about one third of serious heat-related injuries. Construction, service industry, transportation, and public safety employees suffer from heat injuries, as well.

Summer heat waves increase the risk of heat-related illnesses. But heat-related injuries can happen as a result of other occupational conditions and be exacerbated by personal factors such as an individual's age, degree of acclimatization and physical condition.

An individual with a specific medical condition may be entitled to an accommodation from his or her employer under federal and state disability laws.

In addition, there are regulations meant to protect employees who work outside, including agricultural and construction workers, as well as employees in other outdoor industries.

Employers are required to provide:

- Water: Enough water must be available to supply each worker with at least a quart of water for each hour of work.

- Shade: Employees must be provided access to shade for a rest period of at least five minutes when an employee believes he or she needs a preventive rest period. Employees should be encouraged not to wait until they feel sick to take a preventive rest break.

- Employee training: All employees, supervisory and non-supervisory, should receive training that includes information about the environmental and personal risk factors for heat-related illnesses and the symptoms of such illnesses; the importance of acclimatization; and the employer's procedures for responding to symptoms of heat-related illness and emergencies. Supervisors should receive additional training in order to implement preventive measures.

These regulations are enforced by the California Division of Occupational Safety and Health ("DOSH"). DOSH may impose citations and fines on employers who violate the regulations.

In one well-known case this summer, a pregnant 17-year-old farm worker collapsed and died after working for nine hours in a Farmington vineyard. The contractor that employed the woman, Merced Farm Labor Contractor of Atwater, was fined $267,000 by DOSH. DOSH also forced the contractor to cease operations and is pursuing revocation of its licenses.

If you have heat-related employment issues, contact your union business agent. It is a violation of the Labor Code to fire or discriminate against employees for exercising their rights. More resources are also available at www.dir.ca.gov/dosh/HeatIllness- Info.html