OSH Appeals Board Decision in Heat Illness Prevention Case Adds Clarity to Provision of Water Requirements

Sacramento—The Department of Industrial Relations’ Occupational Safety and Health Appeals Board (OSHAB) has issued a precedential decision regarding the provision of water at outdoor worksites, affirming that it must be as close as practicable to the areas where employees are working to encourage frequent consumption.

“This decision provides clarity and should serve as a reminder that employers must take adequate steps to ensure that potable drinking water is as close as practicable to workers,” said Cal/OSHA Chief Jeff Killip. “Staying adequately hydrated is essential to preventing heat illness, particularly during the hot summer months.”

The case clarified the definition of what “as close as practicable” means with water placement at the workplace.

Cal/OSHA opened a complaint-initiated safety inspection at the Rios Farming Co. vineyard in St. Helena on August 6, 2018. Inspectors found some workers had to climb through multiple grape trellises to access drinking water. On January 7, 2019, Cal/OSHA cited Rios Farming Co. for a repeat-serious violation for not having water as close as practicable for their employees.

Rios Farming Co. appealed the citation and an administrative law judge affirmed the citation on October 12, 2022, with a modified penalty of $27,000.

OSHAB issued its decision on February 6, 2023, which clarifies that the term “as close as practicable” in terms of providing water to prevent heat illness means that the water must be as close as reasonably can be accomplished in order to encourage frequent water consumption. In this case, the ALJ found, and the OSHAB affirmed, that the trellises were an obstacle that discouraged employees from frequently drinking water. The ALJ and Board further found that other reasonable options were available to the employer, such as providing a jug of water in each row where the employees were working or providing individual water bottles that employees could carry with them and refill from the jugs.

The California Division of Occupational Safety and Health, or Cal/OSHA is a division with the Department of Industrial Relations that helps protect workers from health and safety hazards on the job in almost every workplace in California. Employers who have questions or want assistance with workplace health and safety programs can call Cal/OSHA’s Consultation Services Branch at 800-963-9424.

Workers who have questions about their rights or have questions about workplace protections can call Cal/OSHA’s Bilingual Call Center at 833-579-0927 to speak with a Cal/OSHA representative. Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices. Information on heat illness prevention and other resources can be found on Cal/OSHA’s website.

The Occupational Safety and Health Appeals Board is a three-member, judicial body appointed by the Governor and confirmed by the Senate to handle appeals from private and public-sector employers regarding citations issued by the Division of Occupational Safety and Health for alleged violation of workplace safety and health laws and regulations. The mission of the Appeals Board is to fairly, timely and efficiently resolve appeals and to provide clear, consistent guidance to the public, thereby promoting workplace safety and health.

Media Contact: Communications@dir.ca.gov, (510) 286-1161

Employers with Questions on Requirements May Contact: InfoCons@dir.ca.gov, or call your local Cal/OSHA Consultation Office

This content was provided by the Department of Industrial Relations and is for general informational purposes only.

Recent Posts

SCGMA Technical Bulletin – Low E Glass: A Historical Review

Low E Glass represents one of the greatest advancements in the energy efficiency of modern-day glass products, from common residential uses to iconic commercial projects. Low E glass has transformed the glazing world and promoted the greater use of glass…

December 24, 2025

SCGMA YPG Event Recap – Access Hardware Supply Tour

On Friday, December 19, our Young Professionals gathered at Access Hardware Supply’s new Southern California distribution center in Rancho Cucamonga for an engaging morning focused on door and security hardware solutions for glazing projects. The event kicked off with a…

December 23, 2025

SCGMA YPG Access Hardware Supply Tour

Join us for a tour of Access Hardware Supply’s new Southern California center in Rancho Cucamonga and discover how to optimize hardware selection for glazing projects. Attendees will learn how to choose the right security locks and safety door hardware…

November 19, 2025

SCGMA YPG Event Recap – 2025 Glazing Boot Camp & Water Testing Demo

On October 16th, we hosted another successful Glazing Boot Camp featuring a water testing demo at our Apprenticeship Training Facility in Commerce. The event kicked off with an engaging presentation on what it takes to be a glazier, setting the…

October 21, 2025

SCGMA Event – General Membership Meeting

Join us to learn more about Association happenings – trust fund updates, industry updates, man hour updates, and more. Date: Friday, November 14, 2025 Time: 7:00am – 7:30am Location: via Zoom Meeting Agenda: 1. Call to Order 2. SCGMA Open Session…

October 20, 2025
MORE STORIES