September Safety Update (9/24/2007)

Heat Stress: 

Heat stress inspections and citations have increased, and worker deaths have gone down, but the pressure on Cal/OSHA continues to increase.  Through September 17, 2007, the state has conducted 355 heat stress inspections this year, finding 128 violations (36% violation rate).  In 2006, there were 180 such inspections in the entire year, and 158 violations were found (88% violation rate).  In 2005, the first year of the emergency regulations, there were only 37 inspections.  The most inspected industry has been construction, with agriculture second. 

This year, there has been only one heat stress death, a long haul truck driver who died from heat illness.  In 2006, there were 8 heat stress deaths, and in 2005 there were 12 during an intense heat wave.  Given the increasing compliance rate and the lower numbers of deaths, it appears that the state and employers are both succeeding at implementing the regulations.

 Of couse, the UFW is ignoring the encouraging numbers and continues to use the heat stress issue to smear the industry and as propaganda to promote itself.  According to the UFW, there is virtually no compliance, and most field crews have no knowledge of the regulations.  The UFW also claims that many crews do not have water and are required to bring their own.  On September 11, the UFW sent over 60 complaints to the governor, largely as a wedge to persuade him to sign SB 180, which will deprive farm workers of their right to choose whether to unionize in a secret ballot election.  Although the numbers do not appear to corroborate the union's position, the UFW has never been swayed by hard data.

COUNSEL TO MANAGEMENT:

The UFW will continue to smear the industry over heat stress compliance, and will continue to use the issue as a political tool to get its way.  A number of UFW-friendly legislators are listening to the union and are putting increasing pressure on Cal/OSHA to cite agricultural employers.  Some legislators are even attempting to send aides to accompany the agency during inspections.  Employers should make sure that they have documented heat stress training for employees and supervisors, and that shade and water is available in the fields.  Written protocols should be in place to obtain emergency medical aid, and supervisor should be fully trained in the protocols.  As always, make sure that every crew has a person who has current CPR and first aid training, and make sure that first aid kits are available.  Safety programs should be enforced through discipline, and discipline must be documented.  As the political pressure increases, Cal/OSHA will become more strict during inspections, and every injury or tragic death will be exploited by the UFW for their own purposes.  Safety programs and documentation must be priorities.

Food Processing and Equipment Safety:

On September 12, 2007, a worker in the almond harvest was killed when he restarted a machine without taking out of gear.  Details are hazy, but a Cal/OSHA investigation is ongoing.  In such a situation, it is critical to have detailed documentation of employee training to show that the accident was caused by the employee's disregard of his training and established safe working procedures.  Without good documentation, the employer will find itself defending claims that it failed to implement safe work practices and failed to adequately train employees.  The case presents a sobering reminder of the importance of proper safety training and strict enforcement of workplace safety rules. 

Cal/OSHA is reminding processors to remember that food safety is not only about pathogens, and is encouraging employers to utilize the Cal/OSHA consultation service as they review processes and procedures in connection with food safety issues.  The consultation service is a free service that entitles employers to safety review, and prohibits the state from using any discovered hazards for citations as long as the employer corrects such hazards.  According to the agency, there has been an ongoing problem of amputations and serious injuries caused by carelessness with machinery.

COUNSEL TO MANAGEMENT:

Employers should review their safety practices and ensure that they have written safety programs and documentation showing that employees have been fully trained on safe work practices.  Violations of safety rules should be addressed through documented discipline and refresher training.  These practices will help to avoid accidents, and will protect against liability if accidents do occur.  The Cal/OSHA consultation service is often a good way for employers to obtain a free comprehensive review of their safety practices, and can show a company's commitment to safety if an accident does occur.