What if it is unsafe to provide a shade structure and when may employers use cooling measures other than shade?

When the employer can demonstrate that a shade structure would be unsafe or infeasible, then the employer may provide alternate access to shade that provides equivalent protection. For example, it may be unsafe to erect a shade structure near the edge of a trench or ravine, or when high winds run the risk of causing a shade structure placed near workers to blow away and hit them. Furthermore, establishing a shade structure on a continuous basis may be infeasible for employees who constantly move from site to site (e.g., meter readers or irrigation installers). In these cases, the employer must document this determination and specify what alternatives to shade will be provided to afford equivalent protection.

Non-agricultural employers may provide cooling measures other than shade if they can demonstrate that the alternative is at least as effective as shade. For example, misting machines are acceptable when the employer can demonstrate that they are at least as effective as shade at allowing the body to cool.