Requirements for Employers for Migrants Engaged in Hand Labor

Employers, migrant labor contractors, crew leaders must provide:

• Sufficient potable drinking water to meet the needs of workers engaged in hand labor at a readily accessible location.
• Water that is suitably cool.
• Water in a sufficient quantity provide at least one quart per worker per hour for drinking for the entire shift.
• Single serving drinking cups or water bottles.
• Water containers that are covered, cleaned, and refilled at least daily or more often as necessary.
• Workers with reasonable opportunities to hydrate throughout the workday.

Note, use of common drinking cups or dippers is prohibited.

Employers, migrant labor contractors, crew leaders and supervisors must take steps to ensure workers are protected from heat related illness.

Heat Illness Prevention Plan

All employers, including migrant labor contractors, who employ workers engaged in a hand labor must establish, implement, and maintain, an effective heat illness prevention plan.

The Heat Illness Prevention Plan must be:

• Written in English and in the language of the workers if other than English.
• Displayed at the migrant labor camp.
• Provided to the Department of Workforce Development if requested.

The Heat Illness Protective Plan must include:

• Procedures identifying how the drinking water requirements (under DWD 301.09(2m)(b)) will be met.
• Procedures identifying how the shade requirements (under DWD 301.09(2m)(e)) will be met.
• Procedures identifying how effective communication by voice, observation, or electronic means will be maintained so that workers engaged in hand labor can contact a supervisor or emergency medical services when necessary.
  • Note: An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.
• A description of how supervisors and crew leaders will respond to signs and symptoms of possible heat illness of workers engaged in hand labor, including first aid measures and procedures for providing emergency medical services.
• Explanation of how emergency medical services will be contacted and, if necessary, transport workers engaged in hand labor to a place where they can be reached by an emergency medical services provider.
• A method to ensure that, in emergencies, clear and precise directions are provided as needed to emergency responders.
  • Note: Employers, crew leaders, and workers need to be able to describe to emergency responders how to find their location.

DWD created a Heat Illness Prevention Plan template, DETM-19830-E, for employers to use.

Employers, migrant labor contractors, crew leaders and supervisors, must:

• Make themselves aware of the signs or symptoms of heat illness.
• Monitor workers for any signs or symptoms of heat illness.
• Take immediate action when a worker is displaying signs or symptom of heat illness proportionate to the severity of the illness.
• Implement emergency response procedures described in the Heat Illness Prevention Plan if worker's signs and symptoms include indicators of severe heat illness, such as:
  • decreased level of consciousness
  • staggering
  • vomiting
  • disorientation
  • irrational behavior
  • convulsions

Employers, migrant labor contractors, crew leaders and supervisors shall allow and encourage workers to take a preventative cool-down rest in the shade at any time when they feel the need to do so to protect themselves from overheating.

If a worker takes a preventative cool-down rest, all the following apply:

• The worker shall be monitored and asked if the worker is experiencing symptoms of heat illness.
• The worker shall be encouraged to remain in the shade.
• The worker may not be ordered back to work until any signs or symptoms of heat illness have abated or until 5 minutes after the worker obtained access to the shade, whichever is later.

If a worker exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest the employer shall provide appropriate first aid or emergency response as specified in the heat illness prevention plan.

If the temperature does not exceed 80 degrees, the employer must either:

Maintain one or more areas with shade at all times while workers are present that are either open to the air or provided with ventilation or cooling; or provide timely access to shade upon a worker's request.

If the temperature exceeds 80 degrees, the employer must:

• Maintain one or more areas with shade at all times while workers are present.
• Ensure that shade is either open to the air or provided with ventilation or cooling.
• Ensure that the amount of shade present is at least enough to accommodate the number of workers resting or taking outdoor meals so that the workers can sit fully in the shade in a normal posture without being in physical contact with each other.
• Ensure that the shade is be located as close as practicable to the areas where workers are working.

If the temperature exceeds 95 degrees, the employer must:

• Meet all of the requirements listed above for temperatures exceeding 80 Degrees.
• Meet all requirements regarding cool-down breaks.
• Implement high heat procedures, including:
  • Ensuring that effective communication by voice, observation, or electronic means is maintained so that workers at a work site can contact a supervisor when necessary.
    • Note: An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.
  • Observing workers for alertness and signs or symptoms of heat illness.
  • Designating one or more employees at each work site as authorized to call for emergency medical services and allowing other employees to call for emergency medical services when no designated worker is available.
    • Note: Employers must also ensure workers know how to describe their location to emergency responders
  • Reminding workers throughout the work shift to drink plenty of water.
  • Holding pre-shift meetings before the commencement of work to:
    • Review the high heat procedures.
    • Encourage workers to drink plenty of water.
    • Remind workers of their right to take a preventative cool-down rest when necessary.

NIOSH Heat Stress App

It is suggested that all supervisors, managers, and crew leaders should download The National Institute for Occupational Safety and Health (NIOSH) Heat Stress App to help keep our employees safe. Please encourage employees to download the application as well (available for iPhone and Android devices). Federal OSHA has provided training on how to use the app. https://www.cdc.gov/niosh/topics/heatstress/heatapp.html

Heat-Related Illnesses and Symptoms

For more information about this heat-related illnesses, visit:

• https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html
• https://www.osha.gov/heat-exposure

Preventing Heat-Related Illnesses

• https://www.cdc.gov/niosh/docs/2016-106/pdfs/2016-106.pdf
• https://www.osha.gov/heat
• Posters, fact sheets and pocket cards: https://www.osha.gov/publications/bytopic/heat-illness-prevention
• Training Materials from the Association of Farmworker Opportunity Programs: https://afop.org/health-safety/heat-stress-prevention/
  • Heat Stress Flipchart
  • Heat Stress Prevention Pocket Size Brochure

Toilet facilities shall be provided:

• In the ratio of one facility per every 20 workers engaged in hand labor.
• Located within one-fourth mile of each worker's workplace in the field.
  • If not feasible, at the closest vehicular access to the workplace.
• Toilet facilities shall have doors than can be closed and latched from the inside.
• Must be clean and sanitary.
• Must be provided with an adequate supply of toilet paper.
• Waste must be disposed of property

Handwashing facilities shall be provided:

• In the ratio of one facility per every 20 workers engaged in hand labor.
• Located within one-fourth mile of each worker's workplace in the field
  • If not feasible, at the closest vehicular access to the workplace.
• Must be clean and sanitary.
• Waste must be disposed of property.

Heat illnesses are medical conditions resulting from the body’s inability to cope with a particular heat load, and include heatstroke, heat exhaustion, heat cramps, heat syncope and heat rash.

Some of the signs and symptoms below are the same for different illnesses. If in doubt, get medical help. You may save someone’s life.

Sources: Centers for Disease Control: https://www.cdc.gov/extreme-heat/signs-symptoms/?CDC_Aaref_Val=https://www.cdc.gov/disasters/extremeheat/warning.html and https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html

Heat Stroke (Emergency!)

What to look for: High body temperature (103 degrees Fahrenheit or higher); hot, red, dry, or damp skin; fast, strong pulse; headache; dizziness; nausea or throwing up; confusion; strange behavior or acting difficult (combative), having hallucinations (seeing things that aren’t there) and losing consciousness (passing out)

What to do: Call 911 right away-heat stroke is a medical emergency! While waiting for emergency responders, move the person to a cooler place, help lower the person's temperature with cool cloths, ice-soaked clothes, or a cool or icy bath. Cooling the person down right away may save their life! Do not give the person anything to drink.

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Heat Exhaustion

What to look for: Heavy sweating; cold, pale, and clammy skin; fast, weak pulse; nausea or vomiting; muscle cramps; tiredness or weakness; dizziness; headache; and fainting (passing out)

What to do: Move to a cool place, loosen clothes, put cool, wet cloths on the body or take a cool bath, sip water

Get medical help right away if: the person is throwing up, the symptoms get worse, symptoms last longer than 1 hour.

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Heat Cramps

What to look for: Heavy sweating during intense exercise; and muscle pain or spasms

What to do: Stop physical activity and move to a cool place, drink water or a sports drink, wait for cramps to go away before doing any more physical activity

Get medical help right away if: Cramps are severe or last longer than 1 hour, the person is on a low-sodium diet, the person has heart problems, or the person experiences weakness, trouble working, or has abnormally dark urine.

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Heat Syncope

What to look for: Fainting, dizziness or light-headedness

What to do: Sit or lie down in a cool place. Slowly drink water, clear juice or a sports drink.

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Sunburn

What to look for: Painful, red, and warm skin; and blisters on the skin

What to do: Stay out of the sun until sunburn heals, put cool cloths on sunburned areas or take a cool bath, put moisturizing lotion on sunburned areas, do not break blisters

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Heat Rash

What to look for: Red clusters of small blisters that look like pimples on the skin (usually on the neck, chest, groin, or in elbow creases)

What to do: Stay in a cool, dry place, keep the rash dry, use powder (like baby powder) to soothe the rash

There are some helpful resources available online:

• OSHA:
  • Posters, fact sheets and pocket cards: https://www.osha.gov/publications/bytopic/heat-illness-prevention (multilingual)
  • More information: https://www.osha.gov/heat-exposure
• Training Materials from the Association of Farmworker Opportunity Programs:
  • Heat Stress Flipchart
  • Heat Stress Prevention Pocket Size Brochure

Centers for Disease Control: More information: https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html

All employers/migrant labor contractors employing workers engaged in a hand labor must establish, implement, and maintain, an effective heat illness prevention plan.

Requirements of the Heat Illness Prevention Plan: Requirements can be found above.

Yes, a template is available online at https://dwd.wisconsin.gov/dwd/forms/dws/detm-19830-e.htm.

High-heat procedures must be implemented when the temperature exceed 95 degrees Fahrenheit. These procedures add additional protections for migrant workers to help prevent and identify signs and symptoms of heat related illness.

These procedure can be found above.

Yes, the high heat procedures must be implemented any time the temperature exceeds 95 degrees during working hours.

Shade can include canopy tents, it can also include sheets hung from vehicles, trees, posts, large umbrellas, canopies that roll off the side of a wagon, etc. You can be creative in how you provide shade to workers.

Do not provide shade by using:

• Metal storage sheds and other similar out-buildings unless they provide a cooling environment comparable to shade in the open air.
• The interior of vehicles. This is because they keep heating up in the sun and do not provide cooling unless the air-conditioning system is continually running and working effectively.
• Areas underneath or near equipment (e.g., tractors) or vehicles as they expose employees to other potential hazards

Shade is sufficient where there is enough shade present so that all workers eating lunch or taking a break can sit in the shade without touching each other and in normal sitting positions per DWD 301.09(2m)(e)1.

Per DWD 301.09(2m)(e)1, shade must be available if the temperature exceeds 80 degrees Fahrenheit.

If the temperature does not exceed 80 degrees Fahrenheit, employer shall either provide shade that complies with DWD 301.09(2m)(e)1.or provide timely access to shade upon a worker's request.

All breaks less than half an hour must be paid. See DWD 272.12(2)(c)

Wide-brimmed hats are not sufficient to meet the requirements of DWD 301.09(2m)(e). The rule does not prohibit their use, but they should be provided in addition to other, required, shade measures.

Per DWD 301.09(2m)(b) You must provide at least one quart of suitably cool water per person per hour.

No, per DWD 301.09(2m)(b)1. you can have a plan to refill the water throughout the day. Your Heat Illness Prevention Plan must include the steps you will take to refill the water throughout the day.

The water must be provided at a readily accessible location. The fountain or hose must be close to where the workers are working.