What are the requirements for encouraging workers to rest in the shade?

The employer is required to allow and encourage employees to take a cool-down rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating. It is crucial that workers not be rushed while taking the cool-down rest, since the purpose of the cool-down rest in the shade is to reduce heat stress on the employee; waiting until symptoms appear before seeking shade and recovery creates a significant risk of developing heat illness. Shade removes sunlight as a source of heat, and since people produce more metabolic heat while working, resting out of direct sunlight reduces heat stress while also reducing the heart rate.

Encouraging employees to take a cool-down rest in the shade is of primary importance particularly for employees who are paid on a piece-rate basis, as they would be less inclined to use this preventive rest. Water should be available in the rest area so that employees are encouraged to drink more water.

The employee must be monitored during the cool-down rest and asked if he or she is experiencing any symptoms of heat illness, including simple fatigue. If any signs or symptoms of heat illness are observed or reported, the employer must not order the employee back to work and must continuously observe the employee until the signs or symptoms have abated. Common early signs and symptoms of heat illness may include pale skin, heavy sweating, headache, muscle cramps, and fatigue. If no sign or symptom of heat illness is observed or reported, monitoring may be periodic, rather than continuous.

If an employee exhibits or complains of any sign or symptom of heat illness, first-aid procedures should be initiated without delay. Progression to more serious illness can be rapid and can include altered coordination and speech, mental confusion, unusual behavior, nausea, vomiting, hot dry skin, unusually profuse sweating, loss of consciousness, and seizures. The affected employee may be unable to self-diagnose these problems.

If heat illness is suspected, emergency medical personnel should be contacted immediately. No employee with signs or symptoms of heat illness should be left unattended or sent home without being offered onsite first aid or provided emergency medical services, as discussed in subsection (f) of 8 CCR 3395 (see FAQ “What emergency response procedures must an employer implement?”).

"Preventative cool-down rest periods" at agricultural work sites are discussed in subsection (e) of 8 CCR 3395.