Masonry Magazine May 2006 Page. 33
The Heat
is
On
When 10 outdoor workers died within 23 days last summer in California during record-breaking heat, emergency heat illness regulations quickly followed. The California Department of the Occupational Safety & Health Administration (Cal/OSHA) unanimously adopted the new regulations on Aug. 12, 2005, making it the first state to enact heat safety standards.
Although the emergency heat illness regulations will expire this August, permanent regulations are expected to be passed in June. Also, these regulations are currently limited to the state of California, but that could easily change as well.
"My counterparts in other states are watching this with concern. It's possible that other states will adopt regulations," said Julie Trost, executive director for the California Conference of Mason Contractor Associations Inc. (CCMCA) in Fair Oaks, Calif. "Are other states concerned? Yes, they are."
Burden on Contractors
THE CALIFORNIA REGULATORY standards have four key provisions; one quart of water per employee each hour, shaded areas for employees in heat distress or needing a break to prevent heat illness; heat illness training for employees and supervisors; and Standard Board review of the feasibility of providing shade for all rest periods.
At a meeting in November, Cal/OSHA considered expanding the regulations to require employers to provide shade for all breaks and lunch, and mandatory rest periods of 10 to 15 minutes every hour under certain heat conditions.
"There's really no need for them," Trost said of the regulations. "Our members are doing at least what's required. In most cases, they're going above and beyond what's required."
Trost and others testified at Cal/OSHA hearings that the regulations were too vague, broad, costly and place all responsibility on the employers.
"It takes all the responsibility off the employee and places it on the employer," she said. "Our position is there has got to be some personal responsibility."
Countering those concerns were labor and employee groups calling for mandatory breaks and cooled structures for shade. The hearings became so contentious that a labor representative called a contractor a murderer.
"It's been a very heated issue," Trost said. "Labor groups would love to force mandatory breaks. They believe that employees in certain professions face peer pressure and people will think you're a 'wuss' if you take a break."
Mason contractors take exception to that notion, saying they ensure their employees are cared for. "I spend time and money training my employees. Do I want them to get heat stroke? No. It's too costly. I'm going to do everything in my power to keep them safe," said Penny Zambrano, president of Cornerstone Masonry in Sun Valley, Calif. "When we see someone getting red in the face, we help them. All we can do is reinforce that this is what we're all about. We want to take care of our employees."
She thinks Cal/OSHA overreacted. "It's frustrating. The bottom line is California is the first to jump the gun," she said.