Van Nuys landscaping company fined for ‘serious’ and ‘willful’ heat violations
A Van Nuys-based landscaping company has been fined more than a quarter of a million dollars for “deliberately and knowingly” failing to follow state heat protection rules.
The company, Parkwood Landscape Maintenance, must pay $276,425 for failing to provide employees with access to water, shaded area and proper training on preventing heat-related illness, according to the California Division of Occupational Safety and Health, known as Cal/OSHA.
The landscaping company lacked written procedures for how to protect employees in high temperatures that often exceeded 95 degrees, and employees were forced to purchase their own drinking water, in violation of the rules, which require that employers provide fresh drinking water free of charge, the Cal/OSHA citation said.
The citation marks the first time the workplace safety agency has issued its most severe charge for a heat safety violation, determining the violations were “serious” and “willful.”
A violation is categorized as serious if it could result in injury, illness or death and classified as willful if the employer knew there was a health hazard and took no action to protect against it or had been previously cited for failing to take action, said former Cal/OSHA investigator Garrett Brown, who retired in 2014 after 20 years with the agency.
Parkwood Landscape was cited previously, in 2022, for failing to meet heat safety requirements. Despite being provided with information on how to change its procedures, the company did not implement necessary preventative measures, Cal/OSHA said.
“Employers have a responsibility to protect their workers from the dangers of extreme heat. It is unacceptable for any business to blatantly ignore safety protocols, putting their employees at serious risk,” Cal/OSHA Chief Debra Lee said in a news release from the agency.
The indoor heat illness prevention rule regulates indoor workplaces in California that reach or surpass 82 degrees, such as kitchens and warehouses.
Parkwood Landscape will have the opportunity to appeal the citation. The company did not immediately respond to a request for comment.
Cal/OSHA began its investigation in June after receiving a complaint about Parkwood Landscape employees working outdoors without access to water or heat illness training.
The citation represents an effort by Cal/OSHA to better enforce heat standards after fielding criticism that the agency been beset by inadequate staffing and claims of ineffectiveness. The criticisms come as scorching conditions have intensified in recent years due to climate change, endangering farmworkers, construction workers and others who toil in extreme temperatures.
As California regulators struggle with short staffing, farmworkers say they are denied shade and water required by law.
Cal/OSHA is grappling with high vacancy rates and faced condemnation from lawmakers at a February hearing, during which farmworkers testified that they’d been exposed to extreme heat and pesticides on the job. The agency has begun recruitment efforts to fill those positions but remains understaffed and slow at hiring, even as it seeks to enforce a growing list of heat and other safety regulations.
In 2006, California became the first state in the nation to implement heat standards for outdoor work, requiring employers to provide access to shade and water, and cool-down rests when workers need them. In high heat conditions, defined as temperatures of 95 degrees or higher, employers are required to remind workers of safe practices, encourage breaks and drinking water, and observe them for signs or symptoms of heat illness.
Earlier this year the agency adopted new heat protections that apply to indoor workers, expanding safety measures for more than a million workers laboring in warehouses, kitchens, laundry rooms and other hot indoor settings.
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