California’s Heating Up- CAL/OSHA’s New Indoor Heat Illness Regulations

Topics: New Laws & Legislation, OSHA Issues, Personnel Policies and Procedures

Cal/OSHA recently voted to adopt new regulations on indoor heat illness prevention. This new regulation applies to any indoor work area where “the temperature equals or exceeds 82 degrees Fahrenheit when employees are present,” which has the possibility to impact many industries excluding prisons, local detention facilities, and juvenile facilities. The regulations do not apply in certain circumstances, such as where the employee is working remotely.

There are a considerable number of requirements under these new regulations. Employers who are required to comply with these new rules should ensure that they have met all the requirements. Employers should also note that under these new regulations, employees are protected from discrimination and discharge for exercising their rights under the new rules or for offering occupational safety and health protection to employees. 

The following are some key aspects of the regulations. The below list is not exhaustive. Therefore, employers should ensure that they read the new regulations in full to ensure compliance and contact their favorite CDF attorney with any specific questions. 

Written Indoor Heat Illness Prevention Plan (HIPP):

Employers are required to have a written indoor heat illness prevention plan (“HIPP”). Employers are permitted to integrate their new indoor heat illness prevention plan into their current Injury Illness Prevention Plan (as required under section 3203), or the employer may integrate it into their current Heat Illness Prevention Plan (as required under section 3395j); or keep it as a separate document. The HIPP must include certain procedures, such as access to cool down areas, emergency response procedures, and provision of water. 

1. Provision of Water and Cool-Down Areas:  Employees must be granted access to potable drinking water that is pure, suitably cool, and fresh for free. The water station must be as close to the work area as feasible. In the instance when water is not plumbed or capable of being continuously supplied, employers are required to provide sufficient quantities. Under these new regulations, any time employees are present, an employer must ensure that they always have one or more cool-down areas.  Employees should be permitted to take preventative cool-down rest breaks to prevent overheating. However, if individual employees do take these preventative cool-down breaks, an employer should monitor them for symptoms of heat illness, encourage them to stay in the cool-down area, and not be required to resume work until the signs of heat illness have abated, but no less than 5 minutes in addition to the time needed to access the cool-down area. If an employee displays or reports symptoms of heat illness, the employer must provide appropriate first aid or emergency response according to their emergency response procedures.  
    
2. Acclimatization:  In instances where the employer cannot effectively use engineering controls, like air conditioning, mist fans, cooling fans, or other applicable methods, to control the impact of the outside temperature on the indoor temperature, employers must require a supervisor or designee to closely monitor employees throughout a heatwave. 
    
3. Implement Assessment and Control Measures:  To minimize heat illness, employers must use “control measures.” Employers are required to measure the temperature or head index to record the greater number. These records must be maintained by the employer, and include the date, time, and exact location of measurement. These regulations require routine checking of temperature and maintenance of tools used to take such measurements. 
    
4. Train Your Employees:  Employers are required to train both their supervisory and non-supervisory employees before the employee starts work that may reasonably expose them to risk of heat illness. The regulations require extensive training on the different subsections, and requirements.
    
5. Implement Procedures for Emergency Response:  Further, employers are required to implement emergency response procedures, which includes ensuring that there are effective communication measures (i.e. through an electronic device with good reception); responding to signs and symptoms of potential heat illness; contacting emergency medical services; and providing clear and precise directions to the worksite. It is critical that employers ensure they have an effective response plan.

Implementation

The Office of Administrative Law (OAL) has 30 working days to review the proposal. The Standards Board has requested expedited implementation after OAL review, so this new proposal may take effect by August 1, 2024, before the summer is over.

CDF will continue to monitor these new regulations and any developments related to its enforcement. We encourage readers to contact their favorite CDF attorney to develop a plan for compliance with these extensive regulations.