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Appellate Court Ruling Regarding Heat Illness

Tuesday, December 4, 2018  
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Appellate Court Ruling States that Drivers in Non-air Conditioned Vehicles Can be Subject to the Outdoor Heat Illness Prevention Regulations of Title Section 3395 

 

On August 13, 2018; Division Four of the First Appellate District gave its decision in the case DIR v. OSHSB, regarding AC Transit.
 
AC Transit employs bus drivers throughout the California Bay Area. Many of the buses are not air-conditioned. Believe it or not, this case began in November 2007, when Cal/OSHA cited AC Transit for violations of 3395 regarding its bus drivers. The case has wandered through the Cal/OSHA Appeals Board, trial court, on a long journey.
 
The main point for CALPASC members is that the court said clearly that drivers of non-air conditioned vehicles are subject to 3395 regulations unless "the vehicle significantly reduces the net effect of the environment risk factors that exist immediately outside."
 
CALPASC members should consult with their safety consultants and advisors if their drivers of non-air conditioned vehicles should be included under the 3395 regulations.
 
You can click HERE for a copy of the court ruling.

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