New-Employee Paperwork Checklist

The June 2005 issue of FELS Newsletter contained a revised New Employee Orientation Checklist. Since its publication, several FELS subscribers have asked for a clarification of those items that are required as opposed to being just recommended. Here again are the items, but this time with the symbol “®” to denote a required item, “©” to denote an item required where specific conditions are met, and “X” to denote a non-required item.

                An explanation of required items and of those required under certain conditions is available on the FELS Web site at www.fels.org in the “Subscriber Resources” under “Labor Requirements.” Once in “Labor Requirements,” look for “Posters, Notices and Disclosures” in the “Main Sections” index.

                Here are the checklist items with notations:

The applicant/employee has filled out the following items:

Application for Employment X

Applicant Identification Records ®

The new employee has filled out the following items:

INS Form I-9 ®

IRS Form W-4 ®

Employment Contract X

Tools/Equipment Loan Agreement X

Bonding Application X

Drug Free Workplace Agreement ©

Housing Agreement X

Enrollment Cards:

                Health Plan X

                Dental Plan X

                Life Insurance X

                Long-Term Disability Plan X

Received from New Employee

                Work Permit, if under 18 ®

Motor Vehicle Record (Driving Record) X

                College Transcripts X

Paycheck Deduction Authorization

Housing/Utilities ©

          Credit Union ©

          Medical Insurance Plan ©

                Paycheck Direct Deposit ©  

The new employee has received the following items:

SDI Pamphlet (DE 2515) ®

Paid Family Leave (DE 2511) ®

Workers' Compensation Insurance Pamphlet ®

           Injury Prevention Program X 

COBRA Notification ©

Physician Pre-designation Form ©

Sexual Harassment Pamphlet ©

Employee Handbook X

Family & Medical Leave Act Notice ©

DOT Drug/Alcohol Testing Program ©

Veterans Benefits Improvement Notice ©

The following records have been set up:

                Personnel Records ®

                Personal Folder X

                Time Records ®

                New Employee Registration DE-34 (mailed to EDD) ®

These items have been explained to the new employee:

Migrant and Seasonal Agricultural Worker Protection Act Worker Disclosure Information ©

          Pesticide Training ©

Safety Training for employee's position ®

Hazard Communication and MSDS Training ®

Conduct Standards X

Wages/Benefits ®

Location of Sanitation Facilities/Good Hygiene Practices ©

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Cal/OSH Standards Board Approves Heat Stress Rule

At a special business meeting in Sacramento on Aug. 12, the California Occupational Safety and Health Standards Board voted 6-0 to adopt a proposed emergency regulation to prevent heat illness in outdoor employees.

The emergency standard requires employers to provide each employee who works outdoors when environmental risk factors expose employees to heat illness with a quart of drinking water per hour, access to cool shade, and heat-illness training.

Drinking Water: An employer must either have on hand one quart of drinking water per hour per employee at the start of a shift or show that procedures were in place to replenish the water supply to enable each employee to drink that much water. Further, an employer must stress the importance of frequent water consumption.

Shade: An employer must provide employees suffering from heat illness or who believe they need time to recover from heat exposure to prevent the onset of heat illness with access to cooling shade for at least five minutes. Further, by Jan. 1, the Standards Board must review the feasibility of requiring shade for rest periods at outdoor places of employment.

Training: Finally, employers must educate covered employees and their supervisors on ways to avoid heat illness and steps to take if it nonetheless occurs.

Here is the new regulation:

Title 8, California Code of Regulations, section 3395. Heat Illness Prevention.

(a) Scope and Application. This section applies to the control of risk of occurrence of heat illness. This section is not intended to exclude the application of other sections of Title 8, including, but not necessarily limited to, sections 1230(a), 1512, 1524, 3203, 3363, 3400, 3439, 3457, 6251, 6512, 6969, 6975, 8420 and 8602(e). This section applies to all outdoor places of employment at those times when the environmental risk factors for heat illness, as defined in (b), are present.

Note No. 1: The measures required here may be integrated into the employer's Injury and Illness Program required by section 3203.

Note No. 2: This standard is enforceable by the Division of Occupational Safety and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.

(b) Definitions.

"Acclimatization" means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.

"Heat Illness" means a group of serious medical conditions resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.

"Environmental risk factors for heat illness" means working conditions that affect the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.

"Personal risk factors for heat illness" means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.

"Recovery Period" means a period of time to recover from the heat in order to prevent heat illness.

"Shade" means blockage of direct sunlight. Canopies, umbrellas and other temporary structures or devices may be used to provide shade. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning.

(c) Provision of Water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable. Water shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in (e), shall be encouraged.

(d) Access to Shade. Employees suffering from heat illness or believing a preventative recovery period is needed, shall be provided access to an area with shade that is either open to the air or provided with ventilation or cooling for a period of no less than five minutes. Such access to shade shall be permitted at all times.

(e) Training.

(1) Employee training. Training in the following topics shall be provided to all supervisory and non-supervisory employees.

(A) The environmental and personal risk factors for heat illness;

(B) The employer's procedures for identifying, evaluating, and controlling exposures to the environmental and personal risk factors for heat illness;

(C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour under extreme conditions of work and heat;

(D) The importance of acclimatization;

(E) The different types of heat illness and the common signs and symptoms of heat illness;

(F) The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers;

(G) The employer's procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary;

(H) Procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider;

(I) How to provide clear and precise directions to the work site.

(2) Supervisor training. Prior to assignment to supervision of employees working in the heat, training on the following topics shall be provided:

(A) The information required to be provided by section (e)(1) above.

(B) The procedures the supervisor is to follow to implement the applicable provisions in this section.

(C) The procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures.

(f) Review.

No later than Jan. 1, 2006, the Occupational Safety and Health Standards Board shall review the feasibility of providing shade for all rest periods at outdoor places of employment.

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IIPP and Employee Handbook Should Address Heat Illness

Employers should review their Injury and Illness Prevention Program (IIPP) and employee handbooks to ensure they contain policies and procedures to prevent heat illness among employees and to handle its incurrence despite prevention efforts.

Here are two items on heat stress. The first one is a heat-stress checklist for an employer's IIPP. The second is an employee handbook policy.

Heat-Stress Checklist

PREPARING FOR THE HEAT

If possible, reduce employee exposure to high heat in outdoor workplaces by:

1. Having employees work during cooler parts of the day (e.g., mornings).

2. Providing shaded work areas where feasible.

3. Considering canceling work or reducing working time to limit employee exposure to extreme heat.

EMERGENCY SERVICES AND SUPERVISION

1. Always have a means to communicate with emergency medical services.

2. When working in remote areas, ensure that at least one person is trained in first aid per 20 employees.

3. Check on each employee periodically for signs of heat illness.

ACCLIMATIZATION

Be especially alert to employees developing heat-related illness at the start of hot work seasons.

1. Humans can, to a great extent, adjust to heat. Adjustment to heat, under normal circumstances, usually takes from 4 to 14 days, during which time the body undergoes a series of changes that better enables one to endure continued exposure to heat.

2. Gradual exposure to heat gives the body time to become accustomed to higher environmental temperatures.

3. Heat disorders in general are more likely to occur among employees who have not been given time to adjust to working in the heat or among employees who have been away from hot environments and who have become accustomed to lower temperatures.

4. Employees who return to work after a leave of absence or extended illness may be affected by the heat in the work environment. Whenever such circumstances occur, the employee should be gradually re-acclimatized to the hot environment.

LESSENING STRESSFUL CONDITIONS

Reduce the hazards of heat stress by introducing engineering controls, training employees to recognize and prevent heat stress, and implementing work-rest cycles. Where feasible, consider the following:

1. Make the job easier.

2. Provide adequate rest time.

3. Mechanize work processes.

4. Isolate employees from heat sources such as by having them work in shaded areas.

5. Use engineering controls such as ventilation and heat shielding.

6. Reduce number and duration of exposures. Wherever possible, employees should be permitted to distribute the workload evenly over the day and incorporate work-rest cycles. Work-rest cycles give the body an opportunity to get rid of excess heat, slow down the production of internal body heat, and provide greater blood flow to the skin.

7. Postpone the performance of nonessential tasks.

8. Permit only those employees acclimatized to heat to perform the more strenuous tasks

9. Provide more employees to perform the tasks, keeping in mind that all employees should have the physical capacity to perform the task and that they should be accustomed to the heat.

10. Explore methods to boost airflow such as by exhaust ventilation or air blowers.

SHADE

1. Where feasible, provide shaded rest areas.

2. At a minimum, let any employee suffering from heat illness or one believing a preventative recovery period is needed have immediate access to a shaded area for at least five minutes. Shade means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight.

DRINKING WATER

1. Employees must always have access to cool potable drinking water.

2. Have either (a) enough water on hand at the start of a shift so each employee can drink at least one quart per hour for the entire shift or (b) an effective procedure to replenish drinking water during the shift as needed so each employee can drink at least one quart per hour.

3. Encourage employees to drink water frequently.

4. Provide single-use drinking cups or a drinking fountain. Never let employees to use a common drinking cup.

PROTECTIVE CLOTHING

Instruct employees to wear appropriate clothes for working in warm temperatures.

1. Employees should wear light-colored clothing of a fabric that is permeable to the air and loose fitting, such as cotton. Most synthetic materials do not provide adequate ventilation.

2. Generally, less clothing is desirable in hot environments, except when the air temperature exceeds 95 degrees Fahrenheit or when a person is standing next to a radiant heat source or exposed to the sun; in those instances, covering exposed skin is beneficial to reducing heat stress and sunburn.

3. Employees must wear shoes that cover the feet. Sandals and open-toe shoes may not be worn in the work place.

EMPLOYEE TRAINING

Before they start work, employees must be trained in these points:

1. The environmental and personal risk factors for heat illness;

2. The employer's procedures for identifying, evaluating, and controlling exposures to the environmental and personal risk factors for heat illness;

3. The importance of frequent consumption of small quantities of water, up to 4 cups per hour under extreme conditions of work and heat;

4. The importance of acclimatization;

5. The different types of heat illness and the common signs and symptoms of heat illness;

6. The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers;

7. The employer's procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary;

8. Procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider;

9. How to provide clear and precise directions to the work site.

SUPERVISOR TRAINING

In addition to the nine points listed above, supervisors are trained in the procedures to follow (1) to implement those points and (2) when an employee exhibits symptoms consistent with possible heat illness, including emergency-response procedures.

Sample Heat-Illness

Prevention Policy

The company recognizes that during certain times of the year employees may work in hot temperatures and may be exposed to the risk of heat stress and illness. To protect employees from heat-related illness, the company has established a heat-illness prevention program. This program consists of these items:

Employees are monitored by supervisors, especially during the first few days of hot work seasons, for signs of heat illness. Employees too must be especially aware of signs of heat stress during that time until they have become acclimatized to the heat. Acclimatization is the process whereby a person gradually adapts to work in the heat when exposed to it. Acclimatization peaks in most people within four to 14 days of regular work for at least two hours per day in the heat.

Employees should wear clothing appropriate for the work they are performing. Employees should follow these guidelines:

1. Wear light-colored clothing of a fabric that is permeable to the air and loose fitting, such as cotton. Most synthetic materials do not provide adequate ventilation.

2. Generally, less clothing is desirable in hot environments, except when the air temperature exceeds 95 degrees Fahrenheit or when a person is standing next to a radiant heat source or exposed to the sun; in those instances, covering exposed skin is beneficial to reducing heat stress and sunburn.

3. Wear shoes that cover the feet. Sandals and open-toe shoes may not be worn in the work place.

At the start of each season, employees are trained in these heat-illness prevention subjects:

1. The environmental and personal risk factors for heat illness;

2. The company's procedures for identifying, evaluating, and controlling exposures to the environmental and personal risk factors for heat illness;

3. The importance of frequent consumption of small quantities of water, up to 4 cups per hour under extreme conditions of work and heat;

4. The importance of acclimatization;

5. The different types of heat illness and the common signs and symptoms of heat illness;

6. The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers;

7. The employer's procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary;

8. Procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider;

9. How to provide clear and precise directions to the work site.

"Environmental risk factors for heat illness" means working conditions that affect the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.

"Personal risk factors for heat illness" means factors such as an employee's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.

An employee suffering from heat illness or believing he or she needs a recovery period to prevent heat illness may, for at least five minutes, rest in a shaded area that is either open to the air or has ventilation or cooling.

Cool drinking water is always readily available to employees. Employees should drink water frequently - as much as one quart per hour.

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Heat-Stress Informational Handout Available

Last month's issue of FELS Newsletter contained a Heat Stress Informational card for farm workers. FELS and several other agricultural organizations collaborated with Howard Rosenberg, a University of California Cooperative Extension specialist, to produce the card, which explains in English and Spanish how heat-related illnesses develop and how to avoid them.

While the advice is directed at farm workers, it is useful to anyone who works in the heat.

Rosenberg recommends bringing "a little heat-stress physiology 101 to the field" -- helping employees understand the causes of heat stress, their own bodies' heat release mechanisms, and the critical importance of replenishing the fluid they lose as sweat. "We hope the new card enables more growers to effectively deliver information that their employees need to know," Rosenberg said.

The card is being produced in cooperation with Farm Employers Labor Service, California Farm Bureau Federation, California Grape and Tree Fruit League, and California Association of Winegrape Growers, with additional U.S. Department of Agriculture support through its Western Center for Risk Management Education.

To order free copies of the bilingual heat-stress education cards for farm workers, contact Elisa Noble at enoble@cfbf.com or (916) 561-5598. More references about heat stress are available on the Web site: http://are.berkeley.edu/heat/.

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Regulatory-Compliance Education Project Announced

Growers in California face a large and increasing number of government regulations in producing food for the nation and world. Changing rules and new regulations from multiple sources have become so complex that many producers can no longer keep track of all of them, much less create a systematic compliance plan that addresses them. These regulations affect production, marketing, and financial-risk decisions and results.

On Sept. 8, via a pre-recorded video message, AG. Kawamura, Secretary of the California Department of Food and Agriculture (CDFA), will introduce regulatory compliance education workshops for growers at more than 20 locations around the state. These two-hour workshops are intended to help growers understand and manage the burdens of state and federal regulations that affect them. At each workshop, a tool to help producers create a unified plan for dealing with regulations will be presented.

The workshops will be hosted by local agricultural organizations, including County Agricultural Commissioners, Small Business Development Centers, county Farm Advisors and/or county Farm Bureaus. As workshop hosts are identified, specific locations will be posted on the CDFA's Web site.

The Excel®-based tool on CD will be distributed free to producers attending the workshops and will be available as a download from the CDFA's Web site. It will identify the regulations that may apply to a particular enterprise and organize the fragmented demands of regulatory agencies.

After a video presentation portion at each workshop, local state and federal regulatory agency representatives will participate in facilitated discussions with growers about the regulations they administer. The event will focus on regulations from the perspective of the producer, not the regulator.

For more information, visit the CDFA's Web site at http://www.cdfa.ca.gov/exec/ aep/aes/AgReg/index.htm or call (530) 852-4768.

Wage Notes:

S.D. is standard deviation of the midpoint between the lowest and highest wage rate reported by each respondent for the job.

n is number of respondents reporting a single rate for the job (no difference between low and high rate).

N is number of respondents in the associationXcommodity group reporting any wage for this jobXpaytype..

Benefits Notes:

Percentage shown is share of all respondents in the specific associationXcommodity group who report that more than half of their employees receive the benefit without having to co-pay more than 25% of the cost.

N is total number of respondents in the associationXcommodity group.

Workers' Compensation Insurance Premium Expense Notes

Percentage increase is [current premium minus previous premium] divided by [previous premium], considering only respondents who report both previous and current year premiums.

N is number of such respondents.

Farm Employers Labor Service

2005 Wage & Benefit Survey

On the other side of this sheet is the Statewide/All Crops Tabulation of the 2005 FELS Wage and Benefit Survey. Participants in this year's survey were:

• California Association of Winegrape Growers • Imperial County Farm Bureau

• California Canning Peach Association • Sonoma County Grape Growers Association

• California Grower Foundation • Western Growers

• Growers Harvesting Association • Western United Dairymen

Copies of the full Wage and Benefit Survey tabulation may be purchased. A copy of the booklet costs $19 to (FELS subscribers receive a 20% discount) plus $2.50 handling fee and California sales tax (total cost $23.17-$19.03 FELS subscribers).

The 22-page tabulation contains a sample survey form, a comparison of averages from previous surveys, graphical presentation of the averages from previous surveys and the results of the survey. The survey results are presented by the following groupings: (1) statewide with all crops; (2) statewide by each of the eight crop categories; (3) all crops by five selected regions within the state; and (4) all surveys by size of year round employment.

Copies of the survey tabulations for 2001 and 2002 are also available. Please use the order form below to request your survey tabulations.

Order Form

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