Lighting Regulation for Outdoor Agriculture Coming Into Effect in July

California businesses are struggling to adapt their markets and workplaces to a post-pandemic world. Like other state regulators, Cal/OSHA is still working on business as usual, which means the business community needs to stay vigilant!

The new Outdoor Agricultural Operations During Hours of Darkness standard (Sections 3441 and 3449, or “Outdoor Ag Lighting Reg”) will be going into effect soon and, if last year’s regulations have completely slipped your mind in this present storm—following is a refresher!

In 2019, the Standards Board passed the Outdoor Ag Lighting Reg, and we had been waiting as it wound its way through the Office of Administrative Law (OAL) review and came into effect. Well, the OAL approved it, and it will be going into effect on July 1, 2020—so it is time to get ready.

Requirements

When in effect, the Outdoor Ag Lighting Reg will require that if agricultural work is taking place before sunrise or after sunset, the employer must provide specified lighting across the workspaces, rest areas, and maintenance areas, among others.

A table of different lighting intensity and height requirements for different areas is provided in Section 3449, which is the center of the regulation.

Although many employers are already doing this, for some agricultural employers, compliance will require the purchase or rental of new generators and new lighting equipment—which could get costly and scarce—so start preparing and be ready when July 1 hits.

More information on its timeline and substance is available at Cal/OSHA’s website regarding the regulation.

As to the employers who are covered—it will hit any agricultural employers working in post-sunset and pre-sunset hours. That includes more crops than you might expect, including among others, such staples as wine grapes, tomatoes, onions, garlic, melons, and corn. Usually, these are harvested during the early morning or early evening in order to keep workers out of the heat and improve the crop.

Also Taking Effect

Which brings me to the next important point—also keep in mind the other requirements coming into effect this summer! A brief, nonexhaustive list includes:

• Wildfire Smoke Protection regulation (Section 5141.1);

• Outdoor Heat Illness regulation (Section 3395); and

• Cal/OSHA’s new COVID-19 guidance documents (www.dir.ca.gov/dosh/coronavirus/).

So, as the summer heats up—stay safe and prepare for these regulations!

Staff Contact: Robert Moutrie

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Robert Moutrie
Robert Moutrie joined the CalChamber in March 2019 as a policy advocate. He leads CalChamber advocacy on occupational safety, tourism, unemployment insurance and immigration. Moutrie has represented clients on matters such as consumer fraud litigation, civil rights, employment law claims, tort claims, and other business-related issues in federal and state courts. He previously served as an associate attorney at the Oakland-based firm of Meyers, Nave, Riback, Silver & Wilson. Moutrie earned a B.A. in political science from the University of California, Berkeley, and a J.D. with honors from the University of California, Hastings College of the Law. See full bio.