SACRAMENTO BEE

July 17, 2009

Cal-OSHA balks at tougher heat rules for outdoor workers

By Susan Ferriss

A second attempt to alter state rules to prevent outdoor worker heat deaths failed Thursday at a meeting of California's Occupational Safety and Health Standards Board.

Cal-OSHA chief Len Welsh wanted emergency amendments requiring that employers provide shade for at least 25 percent of their workers to rest in at the same time if temperatures exceed 85 degrees.

Shade was defined, in part, as "any natural or artificial means that does not expose employees to unsafe or unhealthy conditions."

Gov. Arnold Schwarzenegger, who supported the changes, issued a statement rebuking the board after members voted 3-3. One member was absent.

"With today's vote the board has failed in (its) mission to ensure the health and safety of California's outdoor workers," Schwarzenegger said in the statement.

In 2005, after a rash of deaths, the governor backed adoption of California's pioneering rules to prevent worker heat deaths.

But more deaths, injuries and violations have prompted debate on strengthening the rules.

Labor advocates opposed a proposal in June that would have allowed grape vines to be used as shade. They supported Thursday's proposal, with reservations, after Welsh dropped the vines provision.

Jonathan Frisch, an occupational safety specialist on the board, didn't want to vote for a temperature as high as 85 degrees to require shade.

Two other board members didn't vote for the amendments because they thought the changes should apply only to agricultural workers.

Since May, Cal-OSHA has received 21 complaints of workers falling ill in heat, and three deaths are under investigation. Two may soon be ruled out, Cal-OSHA says.

Eleven farm operations have been shut down because of violations of heat-safety rules.