Cal/OSHA Night Work Regulation Resources from FELS

Regulatory Text:

Effective July 1, 2020: Cal/OSHA regulations for outdoor agricultural operations during hours of darkness 

Ag Night Work Frequently Asked Questions:

Outdoor Agricultural Operations During Hours of Darkness FAQ 

Ag Night Work Regulation Background

The Cal/OSHA Standards Board approved the agricultural night work regulation in February 2020 after adopting changes in December 2019 with significant improvements.  The December 2019 draft clarified that “outdoor agricultural operations” other than those involving the use of sharp tools can be illuminated to five foot-candles; tasks involving use of sharp tools are required to be illuminated to 10 foot-candles.  Prior versions of the regulation were unclear as to whether all agricultural tasks had to be illuminated to 10 foot-candles.

Employer concerns about compliance with local light pollution ordinances, impacts on nocturnal wildlife, and air quality issues related to use of portable gasoline- or diesel-powered generators were generally ignored or disregarded by Standards Board staff in responses to stakeholder comments.  The Standards Board staff also adopted patently absurd cost estimates to the effect that the regulation will apply to fewer than 1500 farms for only 2 months of the year.  

As approved by the Standards Board in February 2020 and on June 4 by OAL, the new regulation requires:

• Trucks (in addition to tractors and self-propelled equipment) be equipped with lights illuminating ahead and behind between sunset and sunrise;
• Requires various types of agricultural tasks to be illuminated to certain minimum levels:
  • 3 foot-candles for meeting and rest areas;
  • 5 foot-candles for agricultural operations not involving use of sharp tools as well as walkways, toilet facilities, and storage areas access by employees;
  • 10 foot-candles for tasks involving the use of sharp tools. 
• Safety meetings at the beginning of shifts worked in hours of darkness to inform employees of the location of restrooms, drinking water, break areas, and hazards like water bodies and high-traffic areas;
• Employers must provide and require use of Class 2 high visibility garments.

If you have questions or comments, please share them with us at FELS at 1-800-753-9073 or info@fels.net.