7 Colo. Code Regs. § 1103-15-3

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 7 CCR 1103-15-3 - Heat Illness and Injury Protection

3.1Application of heat illness and injury protection rules. This Rule 3 applies on days when the temperature at a worksite for agricultural work is, or is forecast to be, at least 80 degrees, except:

(A) Rule 3.4 applies additional requirements only under the "increased risk conditions" defined in that Rule;

(B) Rule 3 does not apply to employees working no more than fifteen minutes in any sixty-minute period in conditions that otherwise trigger Rule 3 requirements;

(C) Rule 3 does not apply to a workday if conditions are forecasted to trigger Rule 3 requirements, but employees work only at times when conditions are not forecasted to, and do not actually, trigger those requirements - for example, if employees finish work by 11:30 a.m. on a day when the temperature is not forecasted to, and does not actually, reach 80 degrees until 12:00 p.m.; and

(D) Rules 3.5 and 3.6 apply if, at any point in the calendar year, a worksite temperature of at least 80 degrees is reasonably expected (as defined in Rule 3.1.4), even if particular work occurs, or workdays are, under 80 degrees, or are exempt under (B) or (C) above.

3.1.1 Temperature and increased risk conditions shall be assessed on a day-to-day basis.

(A) For outdoor worksites of agricultural work, the employer shall rely on a forecasted high temperature for the day. For indoor worksites of agricultural work, the employer shall measure the worksite temperature during the workday, and shall apply the relevant Rule 3 requirements (1) on any day when the measured temperature exceeds a Rule 3 threshold, or (2) regardless of measured temperature, on any day when the employer has reason to expect the temperature to exceed the relevant Rule 3 threshold. This includes when (a) the employer intends to cause the indoor temperature to meet the threshold, (b) outdoor weather conditions give the employer reason to expect that the indoor temperature will meet the threshold, or (c) in one of the last three workdays the indoor worksite had a high temperature that met the threshold.

(B) The employer may rely on any forecast, from no earlier than noon the prior day, for any locality that includes the worksite (or if no such forecast is available, the nearest locality with a forecast), from any reliable daily forecast source, such as a professional weather service, mass media source, or government entity.

(C) If it is not possible for an employer to determine whether outdoor temperatures meet a Rule 3 threshold, or to inform employees when a threshold is met (e.g., to inform range workers whose location is unknown or who lack reliable reception), then it shall rely on the prior year's monthly average temperature for the same month in which employees are currently working (applying Rule 3.1 standards for choosing a locality and reliable forecast), to comply with:

(1) Rule 3 heat illness and injury prevention requirements for all days in a month with at least a 76-degree average high temperature (i.e., 95% of the 80-degree threshold); and

(2) Rule 3.4 increased risk conditions requirements for all days in a month with at least a 90-degree average high temperature (i.e., 95% of the 95-degree threshold).

3.1.2 If an employer learns of conditions that do or are expected to trigger Rule 3 requirements only after a workday starts (e.g., if a temperature exceeding a Rule 3 threshold, or any Rule 3.4 increased risk condition, appears after not being forecast), then the employer shall comply with applicable Rule 3 requirements to the maximum extent, and as soon as, possible.

3.1.3 If complying with any Rule 3 requirement(s) is not possible or would make employees more unsafe, then an employer must (A) comply to the maximum extent possible, and (B) implement equivalent protective measures, recording in writing their nature and reasons.

3.1.4 Where a rule is based on whether a certain temperature (e.g., 80 or 95 degrees) is "reasonably expected" in a current year, that condition is satisfied if either:

(A) any days had at least that temperature in the prior year; or

(B) any day in the current year is forecasted to have, or actually has, at least that temperature. Prior year temperature data may be from any reliable source for a locality that includes the worksite (or, if data for the locality is not available, for the nearest locality to the worksite), such as a professional weather service, mass media source, or government entity, including the National Weather Service (NWS) [as of publication of these rules: at www.weather.gov, select "Past Weather," and a region, to reach the "Climate" page; then select "Monthly Summarized Data" and "Max Temp" for the relevant location and time period].

3.2Drinking Water. Employers shall provide employees with potable water, and the opportunity to drink it, as follows:

(A) at least 32 ounces of water per hour per employee, kept 60 degrees or cooler, by any means the employer chooses, such as providing (1) a tap or fountain supplying water in that temperature range, or (2) a supply of water kept within that temperature range as much as possible (e.g., in a refrigerator or enclosed cooler in the shade) and, if the temperature would rise out of the range, is replenished or re-cooled (e.g., by adding ice);

(B) from a sanitary source, whether a fountain, tap, or individual cup or container;

(C) with employees permitted time to drink water and use restrooms during shifts as needed, including by providing water where it is available during shifts and breaks; and

(D) located as close as practicable to the worksite, no further than 0.25 miles from the worksite for employees accessing the water source by foot, and not otherwise too far for employees to reasonably access.

3.2.1 If it is not possible to comply with any portion of Rule 3.2 for a range worker or ranch worker during periods when they spend the majority of their workday mobile (for example, riding a horse or ATV) and too distant from any fixed or mobile source of water compliant with Rule 3, then the employer shall comply to the maximum extent possible, including but not limited to by:

(A) re-supplying potable water to the worker whenever the employer re-supplies or otherwise visits a location near the worker; and

(B) providing equipment or resources to permit the employee to carry potable water, and to the extent that it is not possible to carry enough potable water, providing equipment or resources to permit the worker to obtain potable water from non-potable sources, such as water purification containers or other devices that render water potable.

3.3Shade. For employee use during rest, meal, cool-down, and other breaks, employers shall provide access to adequate shade located as close as practicable to the worksite, which may be artificial or natural, but does not qualify if:

(A) any source yields additional heat in the shaded area, such as exhaust, running machinery, heat-radiating structures, or heat in a non-air-conditioned vehicle;

(B) the shaded area is located further than 0.25 miles from the worksite for employees accessing the shade by foot, or otherwise too far to reasonably access during rest and meal periods;

(C) the shaded area is too small for employees to sit fully shaded in normal posture, without touching one another;

(D) the shaded area is neither ventilated nor open to the air; or

(E) the area has unsafe, unhealthy, unsanitary, or other conditions (e.g., noxious odor from rot or garbage) that deter or discourage accessing or using the shade.

3.3.1 If an employer can demonstrate that providing access to adequate shade is not safe or possible (e.g., during high wind), then, during at least the times when Rule 3.3 requires access to shade, it shall provide equivalent protection by alternate measures, such as an air-conditioned site (e.g., a vehicle or structure), and/or an individualized cooling item (e.g., vest, bandana, or towel) that contains or is made from material that retains a cool temperature.

3.3.2 Range workers shall be authorized and permitted to seek and use shade during rest and meal periods, and otherwise limit the impact of heat and sun exposure.

3.4Increased Risk Conditions.

3.4.1 "Increased risk conditions" means one or more of the following conditions occur in the day, in addition to Rule 3.1 heat conditions (i.e., a temperature of at least 80 degrees), applying standards in Rule 3.1 and below for choosing a locality and a reliable forecast.

(A) Temperature: A daily high forecast or measured worksite temperature is at least 95 degrees.

(B) Unhealthy Air Quality: A Colorado Department of Public Health and Environment (CDPHE) Air Quality Advisory (AQA) or Action Day is in effect (for the State or a locality or other area that includes the worksite), with the exception in (1) below. [As of publication of these rules: AQA and Action Day information is available from CDPHE (888-4-THE AIR or www.colorado.gov/airquality, with sign-up for email updates), or federal agencies relying on CDPHE data (the National Weather Service (NWS) at www.weather.gov, or the Environmental Protection Agency at www.airnow.gov).]

(1) For Action Days based solely on ozone, this increased risk condition does not apply if an employer shows that the Air Quality Index (AQI) for its worksite location is rated "moderate" or "good" (i.e., AQI of 100 or less) based on:

(a) current or forecasted AQI ozone data from NWS "Air Quality Forecast Guidance" (as of publication of these rules, at www.airquality.weather.gov); or

(b) the nearest available CDPHE monitoring site, as long as it is within 50 miles of the worksite.

(C) Long Days: An employee (other than a range worker) is scheduled or reasonably expected to work over 12 hours in the workday or shift.

(D) Heavy Clothing or Gear Required: The employee is required, by the employer or safety protocols for their equipment or work, to wear vapor barrier clothes (i.e., clothes significantly inhibiting sweat from evaporating into outside air, such as various chemical resistant or encapsulating suits), or personal protective equipment (such as protective jackets, suits, or coveralls) requiring an additional layer over regular clothes or covering all or almost all of the head and face.

(E) Acclimatization: The employee is in their first four workdays for the employer (which includes their first four days of work for the employer in over a month).

3.4.2 Under increased risk condition, employers shall ensure that no more than two hours of work are performed before at least 10 minutes of rest are provided, by any mix of spacing out any breaks already required by these or other Rules, and/or providing additional breaks meeting the rest or meal period standards of Rule 5 of the COMPS Order; except that for range workers, employers shall encourage spacing the rest breaks provided in the COMPS Order, and other rest opportunities, to include rest every two hours to the maximum extent possible.

3.4.3 Before a workday or shift starts (or as soon as possible during a shift, if the employer only later learns of an increased risk condition), employers shall notify employees, by any effective means, of their rights to (1) all Rule 3 heat protections, including additional Rule 3.4 breaks, and (2) additional preventative cool-down rest under Rule 3.5.5 when needed. If an employer cannot contact an employee to provide this information, or cannot assess possible increased risk conditions, it shall provide this information if any such conditions are anticipated or forecasted to be present during that week (or lesser time period when an employee is inaccessible).

3.4.4 If at any point in a calendar year a worksite temperature of at least 95 degrees is reasonably expected (as defined in Rule 3.1.4), or actually occurs, then an employer shall provide employees with fans sufficient to circulate air in all sleeping quarters in employer-provided housing (e.g., bedrooms or multi-bed dormitory rooms). Qualifying fans can include air conditioning or other devices that circulate cooled air.

3.5Safety Procedures.If at any point in the calendar year a worksite temperature of at least 80 degrees is reasonably expected (as defined in Rule 3.1.4), then an employer shall implement the following.

3.5.1 Communication availability. Employers shall maintain effective communication means for employees by voice, observation, or (if area reception is reliable) electronic means, so that when necessary for health or safety, employees can contact a supervisor, other designated individual, or emergency medical services. If an employer cannot regularly communicate with employees (e.g., range workers in an area lacking reliable reception), then it shall identify and implement (including by training employees as needed) means

(A) to make contact with employees to monitor their well-being, and

(B) for employees to obtain medical care in emergencies, such as those detailed in federal regulations for range worker visas (which include: providing satellite or cell phones, wireless devices, or radio transmitters; arranging for employees to be located, on a regular basis, in a geographic area where electronic communication devices operate effectively; or arranging for regular, pre-scheduled, in-person employer-employee visits).

3.5.2 Monitoring and receiving reports of heat illness or injury. Employers shall monitor, and receive reports of, signs or symptoms of heat illness or injury, by any of the following:

(A) observation of up to 20 employees by a designated individual;

(B) a mandatory buddy system assigning each employee to observe, at periodic intervals, one or more other employees;

(C) regular communication with any employee working outside the presence of others, such as by radio or phone; or

(D) any other effective means of monitoring and receiving reports.

3.5.3 Response to possible heat illness or injury. Employers shall respond to signs and symptoms of heat illness or injury, when reported by anyone or when observed by a supervisor or other designated individual, promptly and appropriate to the severity, by:

(A) promptly relieving from duty an employee showing, or reported to have, such signs or symptoms (or, for an employee outside the presence of others, permitting them to relieve themselves from duty);

(B) monitoring those signs or symptoms (or for employees outside the presence of others, checking in as frequently as weather, environmental, or other circumstances warrant to monitor employee health and safety) and, when warranted, ensuring that such employees are not left alone or sent home without being offered on-site first aid and/or emergency services; and

(C) implementing a Rule 3.5.4 emergency response for severe signs or symptoms, e.g., decreased consciousness, staggering, vomiting, disorientation, irrational behavior, convulsions, or (even after resting) an increased heart rate.

3.5.4 Emergency response. Employers shall:

(A) designate at least one person at each worksite to contact emergency medical services when needed, and permit others to if that person is unavailable; and

(B) ensure, in an emergency, that emergency medical services are contacted, and provided all necessary information, as immediately as possible (including contact information and directions to reach the employee(s)), and that (if necessary and appropriate) employees are transported to where responders can reach them.

3.5.5 Preventative measures. An employer shall allow and facilitate employee preventative measures, including by reminding employees of the availability of water, shade for use during breaks, and (if an employee believes it is needed to avoid or remedy overheating) cool-down rest in shade. Preventative cool-down rest may be satisfied with rest or meal periods already required by the COMPS Order or Rule 3 (and otherwise qualifies as additional rest period time under those Rules), as long as other requirements of this Rule 3.5.5 are followed, and no preventative cool-down rest is denied or delayed based on the scheduling or use of other rest or meal periods. An employee taking a preventative cool-down rest shall:

(A) be monitored (or if outside of the presence of others, communicated with as frequently as weather, environmental, or other circumstances warrant to monitor employee health and safety) and asked if they have signs or symptoms of heat illness or injury, and if symptoms persist after resting, the employer shall respond as these Rules require; and

(B) not be sent back to work until any such signs or symptoms have abated, but in no event in less than 10 minutes after the employee reaches the shade.

3.6Training. If at any point in the calendar year a worksite temperature of at least 80 degrees is reasonably expected (as defined in Rule 3.1.4), then an employer shall implement the following training measures by April 20th of each year (except, in 2022, by May 31st), and upon hiring for new employees hired after those training measures.

3.6.1 Training shall be provided to all employees on the following:

(A) environmental and personal risk factors for heat illness, including the added burden of heat on the body from exertion, clothing, and gear;

(B) the importance of acclimatization in the first days of work in heat, drinking water, and promptly reporting their or others' signs or symptoms of heat illness or injury;

(C) different types, signs, and symptoms of heat illness, including self-monitoring, and how signs or symptoms can progress from mild to serious or life-threatening;

(D) basic first aid (including by the employees themselves), and the available emergency responses to heat illness; and

(E) the requirements of Rule 3 (Heat Illness and Injury Protection) and Rule 5.1 (Retaliation and Interference Prohibited), which may be satisfied by providing a document that satisfies the Rule 5.2 requirement of posted notice of rights, as well as how the employer is complying with Rule 3 (e.g., how it is providing required water, shade, and break time, as well as its safety procedures).

3.6.2 Supervisors and others designated to have any roles or responsibilities to implement any requirements in these Rules shall be trained on those roles or responsibilities.

3.6.3 An employer may comply with this Rule 3.6 by providing site-specific information on the topics in Rules 3.6.1 and 3.6.2 , and for the non-site-specific topics in Rule 3.6.1 -(D), by providing training based on any one of the following heat safety programs, or another program with comparable information:

* "Heat Illness Prevention Training Guide, A Lesson Plan for Employers," published by the federal Occupational Safety and Health Administration (as of publication of these rules, available in English at www.osha.gov/index.php/heat-exposure/resources);

* "Heat Education and Awareness Tools (HEAT) Facilitator's Guide," published by the University of Washington Pacific Northwest Agricultural Safety and Health Center (as of publication of these rules, available in English and Spanish at www.deohs.washington.edu/pnash/heat-toolkit); or

* "Heat Illness Prevention Employer Training Discussion Guides and Visual Aids," published by the University of California Davis Western Center for Agricultural Health and Safety (as of publication of these rules, available in English and Spanish at aghealth.ucdavis.edu/training/heat-illness).

3.6.4 For any employees not fluent in English, the employer shall provide, in the employee's primary language for any written or verbal content, either training, printed, or online materials accessible to the employee, covering the training content. The employer may ask the Division for help procuring materials in that language.

7 CCR 1103-15-3

45 CR 05, March 10, 2022, effective 5/1/2022