California wants restaurants and other employers to shield workers from excessive heat. | Photo: Shutterstock
Welcome to Government Watch, a Restaurant Business column focused on politics, regulation, legislation and other governmental issues of relevance to the restaurant industry. This week’s edition looks at California’s enforcement of new employer mandates aimed at shielding workers from excessive heat, along with several first-of-their-kind proposals that are drawing resistance from New York City restaurants.
California is fining a Van Nuys employer $276,425 for willfully ignoring the state’s new heat protections for workers, indicating that regulators are serious about enforcing standards that have a particular relevance to restaurants because of their kitchens.
The sanctions were the first to be levied on a company for failing to take the mandated precautions. The new protective measures went into effect on July 23.
The penalties were levied on Parkwood Landscape Specialists, a landscaper, not a restaurant. But California’s Department of Occupational Safety and Health (Cal/OSHA) noted in announcing the fines that many of the protections Parkwood blatantly disregarded apply to virtually all employers in the state, regardless of whether their employees work indoors or out.
The heat regulations, which were rushed into effect after an extraordinarily hot start to California’s summer, require employers to follow commonsensical precautions such as providing access to cool water and shade. Employers are also obliged to educate employees about the dangers of heat exposure and how to spot the symptoms of someone overheating.
According to Cal/OSHA, investigators provided Parkwood with a tutorial on what actions it was required to take when temperatures at an outdoor jobsite exceeded 95 degrees, but the company refused to comply.
The trigger threshold for restaurant kitchens and other indoor workspaces is 82 degrees. Employers are advised but not required to take additional steps like providing fans or heat-resistant clothing if the interior temperature tops 87 degrees.
Cal/OSHA said Parkwood required workers to buy their own drinking water and lug it to the worksite, instead of providing it free of charge. According to the watchdog agency, the landscaper also failed to provide shaded areas where the staff could cool down on breaks, and to teach employees how to spot signs that someone is overheating.
Oregon, Minnesota, Washington and Colorado have similar safety requirements in place, and other states have looked at adopting protections as climate change raises temperatures to unprecedented levels. Globally, last year was the hottest in recorded history, and 2024 is expected to reset the benchmark.
The U.S. Occupational Health & Safety Administration has proposed federal measures. The agency recently extended the deadline for submitting feedback on the proposed rules, which are in the same vein as what states have considered or enacted.
Some industry advocates have voiced concerns about lawmakers and regulators opting for one-size-fits-all protections. They note that the heat thrown off by cooking equipment makes restaurants a special class, and have suggested that tailoring requirements to specific industries makes more sense than issuing across-the-board mandates.
New York City eyes new precedent-setters
Meanwhile, another crucible of labor legislation is eying a set of proposals that would exponentially increase restaurant employers’ paperwork.
New York’s City Council recently held hearings on three initiatives aimed at generating and disclosing more data about the city’s hourly workers. The bummer for restaurateurs and other employers is their designation as the parties responsible for gathering the info.
One of the proposals would require any New York City employer of at least 25 workers to compile a detailed profile of each person on the payroll. According to the New York City Hospitality Alliance, a trade group representing the Big Apple’s restaurants and bars, the collected data would include each employee’s salary and wages for the previous year; their race, ethnicity and age; how many hours they worked per week; and whether they belong to a union.
In addition, the employers would have to submit proof every three years that they’re meeting federal, state and local equal-pay requirements.
A second bill would require employers of at least 100 workers to post job opportunities within their organization before the vacancies are filled. After a candidate is hired, the employer has to divulge why that person got the job.
Yet another measure would require that job descriptions for every employee be drafted and posted. The disclosed information would include a salary range and the benefits that come with the position.
The initiatives would “create significant challenges for small businesses, including administrative, financial, and legal burdens,” according to the Hospitality Alliance. It testified Thursday in opposition to the proposals.
Restaurant lobbyists are saluted as being among the best
Representatives of the restaurant business dominate this year’s listing by the Congressional newspaper The Hill of the nation’s top lobbyists.
The recognition is a capstone of sorts to what’s been an exceptional year for the industry’s political influencers. Union-backed efforts to kill the tip credit were resoundingly defeated in three bellwether states, including uber-blue Massachusetts, and the industry fended off such loathed measures as outlawing service fees in California, raising that state’s minimum wage to $18 an hour, and expanding eligibility for overtime pay to millions of more salaried managers.
The politicos cited by The Hill include three lobbyists for the National Restaurant Association: EVP of Public Affairs and Department Chief Sean Kennedy; VP of Government Affairs Matt Walker and VP of Federal Government Affairs Dan Roehl.
Other associations represented on the list included the International Franchise Association, with three placements: CEO Matthew Haller, SVP of State and Local Government Relations Jeff Hanscom and Chief Advocacy Officer Michael Layman.
Also listed were the corporate government-affairs specialists Steve Danon (for Restaurant Brands International), Ashley Coneff (Inspire Brands) and Sam Tatevosyan (McDonald’s).
“The lobbyists on this list are some of the best in the business and have been go-to advocates during a year defined by unprecedented political events, legislative logjams, federal spending cut crusades and big rulemaking swings,” The Hill said in reporting its all-star list.
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