While the heat has abated in recent months with the onset of winter, it's nevertheless important for California employers to remember that the necessary measures to protect employees from heat exhaustion and heat stroke -- two extremely serious work injuries -- must be in place come summertime. Failure to do so can have devastating consequences.

To illustrate, the California Division of Occupational Safety and Health (Cal/OSHA) recently handed down a $74,125 fine to C. Clunn Consulting, a Holtsville-based company, for its actions in connection with the death of a farmworker this past summer.

According to Cal/OSHA, Romero V., 47, was loading 40-pound boxes in a cantaloupe field in 102-degree heat on the afternoon of July 7, 2011. Sadly, he collapsed after being overcome by the heat and later died at a nearby hospital.

After a comprehensive investigation, Cal/OSHA determined the following:

  • C. Clunn failed to provide both employees and supervisors with the proper training on how to identify and treat heat illness, a violation of state regulations
  • C. Clunn failed to follow its own policies/procedures regarding the protection of employees from excessive heat

"Heat illness is totally preventable and should not occur if proper procedures are followed," said Cal/OSHA Chief Ellen Widess in a released statement. "We take any heat-related incident seriously and enforce our standard to the fullest extent possible."

In November 2010, Cal/OSHA implemented revised safety standards designed to protect employees from heat exhaustion and heat stroke. Specifically, they clarified shade requirements for California employers and required California employers in certain industries -- including agriculture -- to follow specific "high-heat rules."

Stay tuned for further developments from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Sources:

CBS News, "Cal/OSHA cites, fines company for farmworker death" Jan. 11, 2012

California Division of Occupational Safety and Health, "Cal/OSHA Implements Updated Heat Safety Regulations" Nov. 4, 2010