OAL Approves Indoor Heat Illness Rule Making it Effective Immediately

Last month, the Cal/OSHA Standards Board approved the new regulation entitled Heat Illness Prevention in Indoor Places of Employment and applies to most indoor workplaces, such as restaurants, warehouses, and manufacturing facilities. For indoor workplaces where the temperature reaches 82 degrees Fahrenheit, employers must take steps to protect workers from heat illness. Some of the requirements include providing water, rest, cool-down areas, and training.   Additional requirements, where feasible, apply where the temperature reaches 87 degrees such as cooling down the work area, implementing work-rest schedules, and providing personal heat-protective equipment.

 

This week, the Office of Administrative Law (OAL) gave final approval of the regulation, and it is effective immediately.  The Association is working on specific guidance for our member, so be on the lookout for that very soon.  Meanwhile, here is Cal/OSHA’s comparison of the Outdoor and Indoor heat Illness Regulations:

 

Comparison of Indoor and Outdoor Heat Illness Prevention Standards

Requirement

Outdoor Heat (T8CCR 3395)

Indoor Heat (T8CCR 3396)

Scope and Application
  • Applies to outdoor workplaces 
  • Applies to indoor workplaces when the indoor temperature is greater than 82°F 

Provide Clean Drinking Water
  • Provide access to potable water that is fresh, suitably cool, and free of charge
  • Located as close as possible to work areas 
  • Provide access to potable water that is fresh, suitably cool, and free of charge
  • Located as close as possible to work areas and cool-down areas

Access to Shade and Cool-Down Areas
  • For outdoor workplaces, shade must be present when temperatures are greater than 80°F. When temperatures are less than 80°F, shade must be available upon request 
  • For indoor workplaces, provide access to at least one cool-down area which must be kept at a temperature below 82°F
  • Shade and cool-down areas must be:
    • Blocked from direct sunlight
    • Large enough to accommodate the number of workers on rest breaks so they can sit comfortably without touching each other
    • Close as possible to the work areas
  • For indoor workplaces, the cool-down areas must be kept at less than 82°F and shielded from other high-radiant heat sources

Cool-Down Rest Periods
  • Encourage workers to take preventative cool-down rest periods
  • Allow workers who ask for a cool-down rest period to take one
  • Monitor workers taking such rest periods for symptoms of heat-related illness

High-Heat Procedures
  • Have and implement procedures to deal with heat when the temperature equals or exceeds 95°F
  • Procedures must include:
  • Observing and communicating effectively with workers
  • Reminding workers to drink water and take cool-down rest breaks
  • Not applicable to Indoor Workplaces

Assessment and Control Measures
  • Not applicable to Outdoor Workplaces
  • Measure the temperature and heat index and record whichever is greater whenever the temperature or heat index reaches 87°F (or temperature reaches 82°F for workers working in clothing that restricts heat removal or high-radiant-heat areas)
  • Implement control measures to keep workers safe. Feasible engineering controls must be implemented first. 

Monitoring the Weather
  • Monitor outdoor temperature and ensure that once the temperature exceeds 80°F, shade structures will be opened and made available to the workers
  • When it is at least 95°F, implement high-heat procedures
  • Train supervisors on how to check weather reports and how to respond to weather advisories 
  • For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories 

Emergency Response Procedures
  • Provide first aid or emergency response to any workers showing heat illness signs or symptoms, including contacting emergency medical services

Acclimatization
  • Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period, as well as all workers working during a heat wave 

Training
  • Employers must provide training to both workers and supervisors

Heat Illness Prevention Plan
  • Establish, implement, and maintain an effective written Outdoor Heat Illness Prevention Plan that includes procedures for providing drinking water, shade, preventative rest periods, close observation during acclimatization, high-heat procedures, training, prompt emergency response
  • Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment and measurement of heat, training, prompt emergency response, and feasible control measures

Association Hosts Issues Meeting with Assembly Agriculture Committee Chairwoman Esmeralda Soria

The Association hosted California Assembly Agriculture Committee Chairwoman Esmeralda Soria this week for a meeting on current issues and legislation as well as a discussion on key topics for next year’s legislative session.  In attendance were representatives from the California Cotton Ginners and Growers Association, Western Agricultural Processors Association, California Citrus Mutual, California Fresh Fruit Association, Kings County Farm Bureau, Nisei Farmers League, African American Farmers of California, and the Western Plant Health Association.  Topics discussed included water supply needs, the Sustainable Groundwater Management Act (SGMA), the San Joaquin Valley Air Pollution Control District’s PM2.5 State Implementation Plan, net energy metering for agricultural solar installations, the Association’s request for an audit of the State Water Resources Control Board’s Waste Discharge Permit Fund (WDPF), migrant housing, Department of Pesticide Regulation’s (DPR) Sustainable Pest Management and Advance Pesticide Application Notification efforts, and CalOSHA’s new Indoor Heat Illness Regulation.

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EPA Announces New, Earlier Protections for People from Pesticide Spray Drift

The U.S. Environmental Protection Agency is putting protections in place sooner near where pesticides are applied.  EPA will now assess the potential for people to be exposed to a pesticide when it drifts away from where it is applied earlier in the agency’s review process. This applies to new active ingredient pesticide registrations and new use decisions.  This updated process will protect people from pesticide spray drift 15 years sooner in the review process for new pesticides than has historically occurred.  This change is also consistent with the agency’s commitment to address environmental justice concerns from pesticide use in and around farm communities and to comply with the Endangered Species Act, where EPA is working to improve how it evaluates risk to and protects endangered species.  EPA will use chemical specific human health spray drift analyses to determine specific label instructions to protect against and reduce the occurrence of spray drift, such as droplet sizes and buffer distances, for each pesticide and use.  Additionally, if EPA identifies spray drift risks for people living or working nearby or non-target species, the agency will protect against those risks.  As part of this action, going forward EPA will now include a chemical specific human health spray drift analysis for:

 

  • New active ingredients: any new submissions for domestic uses of new active ingredients.
  • New uses and amended uses: any new use and amended use registration submissions where that active ingredient has previously received a chemical specific spray drift analysis.
  • Currently pending registrations: registration actions that are currently under review with the agency, when possible.

Association Continues to Speak out Against CDPR’s Notification Regulation

Association President/CEO Roger Isom testified at the California Department of Pesticide Regulation’s (CDPR’s) Advance Pesticide Notification Regulation that would notify anyone who signs up to be notified at least 24 hours in advance of the application of a restricted pesticide.  More than 80 people attended the event held Friday night in Turlock.  Approximately 50 participants testified at the event with farmworker representatives and anti-pesticide activists calling for the regulations to now specify the exact location of each restricted pesticide application.  The current draft allows someone to enter an address, and they will receive notification of any restricted pesticide application within a square mile of the application.  Activists showed up in force holding a rally before the meeting immediately outside the venue and then repeatedly chanting during the hearing.  Activists outnumbered agricultural interest 9 to 1.  Joining the Association to testify from agriculture were the California Farm Bureau Federation, San Joaquin Farm Bureau, Western Plant Health Association and one grower, Brent Barton from Barton Ranch.  Isom’s comments centered on CDPR’s lack of explanation of their existing registration process and the protections already put in place to protect workers, bystanders and residents.  Isom stated “there are already protections in place.  There is no way DPR or the ag commissioners that are here tonight would ever allow the application of a pesticide that would impact a farmworker, resident or innocent bystander.  They just wouldn’t do it.” 

USDA Expands Insurance Options for Specialty and Organic Growers
The U.S. Department of Agriculture (USDA) is expanding crop insurance options for specialty and organic growers beginning with the 2025 crop year. USDA’s Risk Management Agency (RMA) is expanding coverage options by allowing enterprise units by organic farming practice, adding enterprise unit eligibility for several crops, and making additional policy updates. This is the first of several announcements this summer. These expansions and other improvements build on other recent RMA efforts to better serve specialty crop producers and reach a broader group of producers. “The Risk Management Agency is excited to expand coverage options for specialty and organic growers including the availability of enterprise and optional units for many producers,” said RMA Administrator Marcia Bunger. “Expanding our coverage options gives producers more opportunities to manage their risks. We will continue to build on our work through future announcements later this summer.” The following changes will be made beginning with the 2025 crop year:

  • Enterprise and Optional Units:
    • Expand Enterprise Units (EU) to almonds, apples, avocado (California), citrus (Arizona, California, and Texas), figs, macadamia nuts, pears, prunes, and walnuts.
    • Allow non-contiguous parcels of land that qualify for Optional Units (OU) to also qualify for EU.
    • Allow EUs by organic farming practice for alfalfa seed, almonds, apples, avocado (California), cabbage, canola, citrus (Arizona, California and Texas), coarse grains, cotton, ELS cotton, dry beans, dry peas, figs, fresh market tomatoes, forage production, grass seed, macadamia nuts, millet, mint, mustard, pears, potatoes (northern, central, and southern), processing tomatoes, prunes, safflower, small grains, sunflower seed, and walnuts.
    • Expand OUs by organic practice to all remaining crops where OUs are available, and the organic practice is insurable.
  • Walnut Quality Adjustment: Allow sunburned damaged walnuts to be eligible for indemnity payments through quality adjustment.
  • Almond Leaf Year: Expand insurance coverage to younger trees by including trees in their fifth year after being set out.
  • Processing Bean End of Insurance Period: Extend insurance coverage in Delaware, Maryland, and New Jersey by an additional 16 days.
  • Canola: Expand insurance for canola into South Dakota and Michigan.

These revisions come through the Expanding Options for Specialty and Organic Growers Final Rule published today by the Federal Crop Insurance Corporation (FCIC). This Final Rule will update the Common Crop Insurance Policy Basic Provisions, Area Risk Protection Insurance Basic Provisions, and includes changes to individual Crop Provisions. The enterprise unit availability will continue to be rolled out throughout the year with each crop’s contract change date and RMA will continue to evaluate expanding EUs to additional crops. Additional changes in the June 30 Final Rule include:

  • New Breaking Acreage:
    • Reduce administrative burdens on growers and the delivery system by removing written agreement requirements on new breaking acreage.
    • Reduce coverage penalties on perennial specialty crop producers and producers of intensively managed crops, such as alfalfa, when they move to row crop production. This allows for a seamless transition with out losing crop insurance coverage.
  • Assignment of Indemnity: Provide flexibility for an indemnity payment to be issued via automated clearing house (ACH) or other electronic means when these methods do not allow for multiple payees.
  • Good Farming Practices (GFP): Streamline and shorten the FCIC CFP reconsideration process by closing the administrative file following FCIC's initial GFP determination.
  • Double Cropping and Annual Forage: Clarify a producer must prove insurance history for the annual forage crop and meet the current double cropping requirements to receive a full prevented planting payment.

RMA continues to explore ways to improve risk management tools for specialty crop producers and will be announcing additional program enhancements later this summer. Some of those improvements include:

  • Expanding the Enhanced Coverage Option (ECO) to walnuts and citrus crops and increasing premium support to be consistent with the Supplement Coverage Option.
  • Releasing new Organic Practice Guidelines to producers for the 2025 crop year. These guidelines are to help producers report planted or perennial acreage insured under a certified organic or transitional practice

 More Information
This announcement further advances USDA’s recently announced Specialty Crops Competitiveness Initiative, a Department-wide effort to increase the competitiveness of specialty crops products in foreign markets, enhance domestic marketing, and improve production and processing practices.

 

 

  1. Bureau Increases Water Allocation to 50%
  2. Association Testifies at PM2.5 Plan Hearing
  3. Agreement Reached to Reform Private Attorneys General Act (PAGA)
  4. WAPA Wraps Up Biggest Annual Meeting Ever

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Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).