CAL/OSHA Citations on the Rise (9/17/2007)

By Michael C. Saqui

Statistics from the first quarter of 2007 reveal that the Cal/OSHA is conducting more inspections and issuing more citations. This reflects a continuing trend reported by employers and observers indicating a “cite first, ask questions later” approach by the agency. In many cases, employers are forced to incur the cost of an appeal if they feel the citation was unfair or excessive.

In addition, political pressure is increasing on the agency. The UFW has accused the agency of failing to enforce heat stress and field sanitation standards, and there have been reports that legislators are sending representatives with Cal/OSHA agents to monitor inspections and report back on the agency’s effectiveness.

COUNSEL TO MANAGEMENT:

Employers must monitor their safety practices in order to protect themselves from citations. Make sure the Illness and Injury Prevention Program (IIPP) is up to date and contains procedures to address heat stress requirements, and to ensure that there is access to emergency medical treatment in the fields. Also be sure that you have records to prove that all employees have been trained on safe practices, and that they have received specific training on the IIPP. In addition, employers must enforce their safety rules by imposing discipline on employees who fail to follow safe working practices, and must maintain documentation of such discipline.

For food safety reasons, employers must control who gains access to their fields. Be sure that there is a properly trained designated person in the operation who interfaces with government inspectors, regardless of the agency they come from. All visitors should be required to sign in and out at the office, and should be escorted where ever they need to go. They must be required to show identification to show their right to enter the fields. Anyone who enters the field must be briefed on food safety protocols, and must follow your food safety rules, including wearing hairnets and beard nets where appropriate. No unauthorized personnel should be allowed in the fields, including legislative representatives who do not share Cal/OSHA’s authority to conduct inspections. Field supervisors must be trained to bar access and to direct visitors to the office to check in.

The best way to manage the heat stress regulation is to ensure that there is a sufficient supply of water, and that there is appropriate shade available (pop-up canopies work best). If a worker complains of heat stress symptoms, he or she should be provided some time to rest in the shade and drink water. If the worker does improve, he or she should clock out and be sent for medical attention immediately. If the same worker shows symptoms or complains of symptoms again in the same day, send the employee for medical attention immediately. This approach will ensure that the worker receives any medical attention that may be necessary.