Cal/OSHA Updates David Hornung Heat and Ag Program Coordinator - CFLCA June 2, 2021

Cal/OSHA Updates

        David Hornung
Heat and Ag Program Coordinator
             CFLCA
           June 2, 2021

Agenda
 Cal/OSHA’s role in California
 Current focus in Ag
   Top 10 Citations
   High Hazard list
 New regulations affecting Ag
   COVID-19 ETS
   Wildfire Smoke
   Night-time Illumination
 Future rulemaking affecting Ag
 Q&A

Cal/OSHA’s Role in California
 Cal/OSHA has jurisdiction over almost every place of
  employment in California
 Enforcement
   26 Field Offices
   Workplace Accidents / Complaints
 Consultation
    On-site Visits
    Offsite Consultation (Telephone Support)
    Educational Materials
 Compliance Assistance

 Cal/OSHA Standards Board creates regulations
 Cal/OSHA Appeals Board hears appeals to
        violations.

Ag continues to be a dangerous occupation
 In 2019, California had 451 worker fatalities, 48 in agriculture
 In Ag, rate of 13.9 fatal injuries / 100,000 worker
   Rate is >5X that of the overall rate of 2.5
 Incident rate of non-fatal injuries is 6 / 100 workers (vs. 3.6 for all
  industries)
 In 2020, worker fatality rates will be much higher due to the number
  of COVID-19 related deaths. Since February 1, 2020, there have been
  665 COVID-19 reports of fatalities to Cal/OSHA, with 32 in Ag.

Source: https://www.bls.gov/iif/oshwc/cfoi/tgs/2019/iiffw06.htm

Source:
https://www.dir.ca.gov/DOSH/CFOI/CFOI_2019/Fatal-
occupational-injury-rates-by-industry-2019-California.pdf

HHU and Consultation focus on Ag
 Consultation focus on Ag
 Holding seminars and outreach to Ag employers
 High Hazard Unit (HHU) high hazard list for 2020-2021
 posted: https://www.dir.ca.gov/dosh/documents/hhu-list-2020-
 2021.pdf

Top Citations (Ag) – Oct 2019 – Sep 2020
   3203(a)        Injury and Illness Prevention Program (IIPP)
   3395(i)        Heat Illness Prevention written program
   3457(c)        Field sanitation (water/bathrooms)
   342(a)         Reporting Fatalities and Serious Injuries
   3441(a)        Operation of Ag Equipment
   3395(c)        Provision of water (for outdoor work)
   3203(b)        IIPP – recordkeeping
   3395(h)        Heat Illness Prevention training
   3395(d)        Provision of shade
   3314(c)        Lockout/Tagout of equipment/machinery

         Source:
         https://www.osha.gov/pls/imis/citedstandard.naics?
         p_naics=11&p_esize=&p_state=CACalifornia

COVID-19
 In the last year (Feb 1, 2020 – Feb 21, 2021), Cal/OSHA has
  had:
    >11,000 COVID-19 related complaints (>200 in Ag)
    >2,400 COVID-19 related illnesses reported
 In Agriculture, Cal/OSHA has opened 312 COVID-19
  related inspections
    Other than health care (n=471), Cal/OSHA has opened
     the most COVID-19 related inspections in Ag

Cal/OSHA Actions During the COVID-19
Pandemic
Cal/OSHA ensures compliance with workplace health
and safety through the following activities:
  Compliance assistance
  Enforcement
  Consultation
  Outreach
  Technical Assistance
  Interagency Collaboration

COVID-19
Emergency Temporary Standard (ETS)
 The new COVID-19 regulations went into effect on November 30, 2020.
 They include:
   §3205. COVID-19 Prevention.
   §3205.1. Multiple Covid-19 Infections and Covid-19 Outbreaks.
   §3205.2. Major Covid-19 Outbreaks.
   §3205.3. Covid-19 Prevention in Employer-Provided Housing.
   §3205.4. Covid-19 Prevention in Employer-Provided Transportation to and
    from Work

 Cal/OSHA Advisory Committee meetings held 12/18, 2/11, 2/12, & 2/16
    Proposed amendments to create more flexibility on the housing and
     transportation requirements

COVID-19 Emergency Temporary Standards

 Many resources available:
   https://www.dir.ca.gov/dosh/coronavirus/ETS.html

Ag-specific COVID-19 guidance available
 https://www.dir.ca.gov/dosh/coronavirus/Guidance-by-Industry.html

Best Practices for COVID-19 Infection
Prevention in Ag (in English & Spanish)
 https://www.dir.ca.gov/dosh/dosh_publications/COVID19-Trifold-
 AgandLivestock.pdf

Night-time Illumination in Ag
 New requirements took effect on July 1, 2020
 Requirements for:
   lighting [3449(a)]
   safety meetings [3449(b)]
   High-visibility garments [3449(c)]
   Headlights and Taillights [3441(g)]

Outdoor Agricultural Operations During
Hours of Darkness (Title 8 CCR 3449)
 Requires certain lighting levels for:
    Poultry harvesting (0.09 Lumens)
    Meal/rest areas (3 Lumens)
    General areas, pathways to and around restrooms (5 Lumens)
    Task lighting, i.e. harvesting and irrigation (10 Lumens)
    Task lighting for maintenance on equipment (20 Lumens)
 Can be achieved by area lighting and portable personal lighting (head
  lamps)
 Requires safety meetings
 Requires Class 2 high visibility garments

Fact Sheet Available

Top 20 California Wildfires

                              17

Petition 573
requests to
amend Title 8
through the
addition of
Emergency
Standards to
protect outdoor
workers from
wildfire smoke
constituents.
                  18

Protection from Wildfire Smoke
 Petition 573 – amend Title 8 to protect outdoor workers from wildfire
  smoke constituents submitted Dec. 13, 2018 by California Labor
  Federation, Worksafe, and CRLA Foundation
 Went through the Emergency Regulation process (like Heat and
  COVID-19)
 Became a permanent regulation on February 1, 2021

Number of days with AQI >150

How do you prepare?
 Remember the “Hierarchy of Controls”
   Engineering controls whenever feasible (for example, using a filtered
    ventilation system in indoor work areas)
   Administrative controls if practicable (for example, limiting the time that
    employees work outdoors)
   Providing workers with respiratory protective equipment, such as
    disposable filtering facepieces (dust masks).

Protecting workers

 Providing employees with respiratory protective
  equipment, such as disposable filtering facepieces (dust
  masks).
 To filter out fine particles, respirators must be labeled N-
  95, N-99, N-100, R-95, P-95, P-99, or P-100, and must be
  labeled approved by the US National Institute for
  Occupational Safety and Health (NIOSH).
 Approved respiratory protective equipment helps protect
  employees when the air is "Unhealthy," "Very Unhealthy,"
  or "Hazardous.“

N95 Availability
 Cal/OSHA has a list of vendors with at least 100,000 N95s in stock
 https://www.dir.ca.gov/dosh/wildfire/List-of-N95-Vendors.pdf

FAQs

       https://www.dir.ca.gov/dosh/wildfire/wildfire-faq.html

Heat Illness Prevention
   It’s getting hotter –
        In 2020, California had its warmest August ever. (Also the
         driest August ever.)
        Last 7 years have been the 7 warmest on record
        Don’t think of it as the warmest year ever, think of it as the
         coolest summer in this next century
   Continue to see heavy enforcement – currently the most cited
    violation in Ag
   Compliances rates at about 60%
   Continue strong outreach, advertising, employer assistance, and
    enforcement

                                                                          25

Source: Amy Heinzerling, MD, MPH, Epidemic Intelligence
Service Officer, California Department of Public Health

                                                          26

Number of cases of heat-related illness per
month of injury, CA 2000-2017

        Source: Heinzerling A, Laws RL, Frederick M, et al. Risk factors for occupational heat‐related
        illness among California workers, 2000–2017. Am J Ind Med. 2020;1–10.
        https://doi.org/10.1002/ajim.23191

Heat Illness Prevention during COVID

 5 key preventative measures:
  Shade -- enough to allow 6’ of distancing / encourage
   preventative cool-down rests
  Water -- provided by employer
  Emergency Procedures
  Acclimatization -- plan for when they come back
  from being off work
  Training

COVID Emergency Temporary Standard
Physical Distancing – 3205(c)(6)
Employees shall be separated from other persons by at least 6 feet,
except when 6 feet of separation is not possible, and except for
momentary exposure while people are walking by:
    •   Telework or other remote         •   Staggered arrival,
        work                                 departure, work, and
    •   Reducing the number of               break times
        persons in an area at one        •   Adjusted work processes
        time, including visitors
                                             or procedures to allow
    •   Visual cues such as signs            greater distance between
        and floor markings
                                             employees

When possible, physical distancing shall be implemented during
cool-down rests, breaks, training, and while working.

2020 Fatalities and lessons learned

 May 8 – 51 year old journeyman roofer,
  back from a COVID shutdown.
 June 24 – 27 year old diver
 June 25 – 34 year old agricultural worker
 July 31 – 42 year old landscaper, new to
  company
 August 21 – 57 year old recycling worker

Indoor Heat
 SB1167 – Requires regulation to be submitted to
  OSHSB by beginning of 2019.
 April 22, 2019 draft
 Google “Cal/OSHA indoor heat regulation”
  https://www.dir.ca.gov/dosh/doshreg/Heat-illness-
   prevention-indoors/
 “Cal/OSHA is preparing rulemaking documents
 based on this draft. No further changes prior to
 rulemaking are anticipated.”

                                                    31

Indoor Heat
 April 22, 2019 draft
   82/87 degree “triggers”
 Similar to 3395
    (a) Scope/Application
    (b) Definitions - indoors/outdoors
    (c) Water
    (d) Access to Cool-down Areas
    (e) Assessment and Control Measures (at 87F)
       Using hierarchy of controls
       Implement feasible engineering controls
   (f) Emergency Response Procedures
   (g) Close Observation during Acclimatization
   (h) Training
   (i) Written HIPP

                                                    32

Resources

Cal/OSHA is here to help!
 Cal/OSHA Consultation
 Cal/OSHA Outreach Unit
 Cal/OSHA Standards Board
   Monthly public meetings
   Employers can write petitions for new
    standards
   Employers can request variances
   Public can comment on proposed regulations

Cal/OSHA
Consultation
Service

           www.dir.ca.gov/dosh/consultation.html

                                                   35

 COVID-19 Guidance and Resources
   https://www.dir.ca.gov/dosh/coronavirus/

Cal/OSHA’S Wildfire Page
www.dir.ca.gov/dosh/worker-health-and-safety-in-wildfire-regions.html

                                                                        37

UC Davis Western Center
for Agricultural Health and Safety

UC Davis
https://aghealth.ucdavis.edu
/educational-materials

                                     38

Heat Illness Prevention Resources
• Multilingual educational materials can be downloaded
  free from the www.99calor.org website

                                                         39

Cal/OSHA Training Academy
   trainingacademy.dir.ca.gov/

                                 40

Thank you.
        David Hornung
Heat and Ag Program Coordinator
          Cal/OSHA
      dhornung@dir.ca.gov

           QUESTIONS?