BILL ANALYSIS
SB 477
Page A
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 477 (Florez) - As Amended: August 2, 2010
Policy Committee: Labor and
Employment Vote: 4-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill codifies and significantly expands existing regulatory
requirements related to the prevention of heat illness of
employees
FISCAL EFFECT
The Department of Industrial Relations (DIR) indicates that the
75-degree threshold for triggering heat illness prevention
measures will substantially lengthen the number of months each
year that Cal-OSHA will need to maintain oversight and
enforcement activities related to heat-illness prevention. The
department estimates the lengthened enforcement season will
require four to six new positions. This translates into annual
costs of about $350,000 to $550,000 (special funds).
SUMMARY (Continued)
Specifically, the bill:
1)Requires an employer to provide employees with continuous
fresh drinking water sufficient to allow employees to drink
one quart or more per hour.
2)Provides that when the outdoor temperature in the work area
exceeds 75 degrees, an employer shall maintain areas with
shade sufficient to accommodate 100% of the employees.
3)States that an employer shall require an employee to take a
10-minute break when an employee feels the need to do so to
prevent overheating.
SB 477
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4)Specifies that (except for employers in the agriculture
industry) cooling measures other than shade may be provided in
lieu of shade if the employer can demonstrate that these
measures are at least as effective as shade.
5)Requires an employer to implement high-heat procedures when
the temperature equals or exceeds 85 degrees. These include,
in addition to the shade and water requirements, additional
supervision for new employees and communication procedures so
that employees can contact a supervisor when necessary.
6)Requires an employer to implement extreme-heat procedures when
the outdoor temperature equals or exceeds 95 degrees, which
include mandatory rest periods after every hour work.
7)Requires training on issues related to heat illness, and
requires an employer to set procedures in writing and make
them available to employees and to representatives of the
Division of Occupational Safety and Health upon request.
COMMENTS
1)Rationale . This bill is intended to codify and significantly
strengthen or expand current regulations addressing heat
illness.
2)Background . Following a series of heat-related deaths in the
agricultural industry, the Occupational Safety and Health
Administration (Cal-OSHA) within the DIR promulgated emergency
outdoor heat regulations, which became effective in August
2005, and permanent regulations, which became effective in
July 2006. The regulation requires all employers with outdoor
worksites to provide heat illness prevention training to their
employees, provide adequate amounts of fresh water and access
to shade, and develop written procedures for complying with
the regulation.
Despite these regulations, there has continued to be a
significant number of occupational related deaths due to heat
illnesses. This has led some worker advocates to challenge the
heat illness regulation as inadequate or insufficient. In
response, the Division of Occupational Safety and Health has
been attempting to modify the standards, but proposed
regulations have been criticized by both employer and worker
SB 477
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representatives for different reasons. As a result, revised
regulations have yet to be approved. This bill codifies
recommendations made by WORKSAFE and other worker
representatives.
3)Opponents (including associations of growers and businesses)
argue that this bill is unnecessary and pre-empts the
regulatory process with regards to heat illness prevention.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081