On June 20, 2024, Cal/OSHA’s Standard Board adopted a new regulation that will require certain California businesses to prepare an Indoor Heat Illness Prevention Plan. Once effective, much like California’s current outdoor heat illness prevention requirements, the recently approved regulations will require employers to implement certain heat illness prevention measures for employees working in hot indoor workspaces.
Who Is Covered by the New Indoor Heat Illness Prevention Requirements?
The regulations are largely designed for businesses that regularly experience hot indoor workspaces, such as factories, warehouses, kitchens, and food trucks. Subject to certain exceptions, however, these new requirements broadly apply to all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when workers are present.
But what if your business’s indoor temperature rarely exceeds 82 degrees, and when it does it is only for a few minutes? The new regulations take these isolated incidents into account by creating an exception for “incidental heat exposure”—meaning exposure to temperatures at or above 82 degrees and below 95 degrees for less than 15 minutes in any 60-minute period. Keep in mind, however, that this incidental exposure exception does not apply to vehicles that lack effective and functioning air conditioning, nor does it apply to shipping or intermodal containers while employees are loading, unloading, or performing related work.
In addition to the incidental heat exposure exemption, the regulations also create special carve-outs for remote employees—so long as the remote workspace is not under the control of the employer—as well as for prisons, local detention facilities, juvenile facilities, and emergency operations that are directly involved in the protection of life or property.
What Qualifies as an Indoor Place of Employment for Purposes of the Regulations?
Cal/OSHA guidance suggests that, generally, any workplace with a roof and enclosed sides is considered an indoor workplace. But more specifically, “indoor places of employment” are spaces that are under a ceiling or overhead covering that restricts airflow and enclosed along the entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow, whether open or closed. Any work area not considered “indoor” will be governed by the outdoor heat illness rules under 8 Cal. Code Regs. § 3395.
What Are the New Requirements for Covered Employers?
The new regulations create several requirements for businesses with hot indoor workspaces:
- Assess and measure heat: Employers must measure not only the temperature, but also the heat index of the work area, and record whichever is greater when the temperature or heat index reaches either 87 degrees Fahrenheit, or 82 degrees Fahrenheit for those employees working in clothing that restricts heat removal or in high radiant heat areas.
- Cool-down areas: Employers must provide at least one cool-down area that is maintained at a temperature below 82 degrees Fahrenheit, and shielded from direct sunlight and other high radiant heat sources. The cool-down area must be as close as practicable to the work area, and must be large enough to accommodate the number of employees on rest breaks.
- Access to water: Employers will be required to provide access to, and encourage employees to frequently consume, potable, fresh, suitably cool water that is free of charge. The water must be as close as practicable to the work area and cooling area. If plumbed water is not feasible, the regulations require the employer to provide at least one quart of water per hour, per employee each shift.
- Provide and monitor rest periods: Employees must be encouraged to take preventative cool-down rest periods, and any employee who requests such a cool-down rest period must be permitted to take one. The regulations also require employers to monitor employees taking such a rest period for symptoms of heat-related illness.
- Controls: To minimize the risk of heat illness, employers will be required to implement engineering and administrative controls, as well as provide heat-protective equipment where feasible. Engineering controls are those that remove or reduce heat, or create a barrier between the employee and a heat source. Administrative controls, on the other hand, are adjustments to work procedures, such as modifying schedules to cooler times of the day.
- Emergency response procedures: Employers will be required to provide first aid or emergency response to any worker showing signs of heat illness, including calling for emergency medical services if necessary.
- Training: Employers must provide training to both employees and supervisors on a host of specific topics, including the importance of frequent water consumption, signs and symptoms of heat illness, and the employer’s procedures for responding to signs of heat illness, to name only a few. The full list of topics for training is set forth in 8 Cal. Code Regs. § 3396(h).
- Acclimatization and observation: Employers will be required to closely observe newly hired and/or newly assigned employees working in hot areas over the course of a 14-day acclimatization period. Employers will also be required to observe employees working during a heat wave where no effective engineering controls are in use.
- Written Indoor Heat Illness Prevention Plan: Employers must establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that addresses the employer’s procedures for meeting the above requirements.
When Do the New Regulations Go into Effect?
Although the Occupational Safety and Health Standards Board approved the Indoor Heat Illness Prevention regulations on June 20, 2024, the Office of Administration (“OAL”) has 30 working days to review the proposal prior to implementation. The Standards Board has notably requested that the regulations take effect immediately upon OAL approval.
Next Steps for Employers
We expect OAL to approve the new regulations. California businesses should audit their workspaces —particularly those in plant, restaurant, and warehouse settings—to determine if these new regulations apply to them and prepare an Indoor Heat Illness Prevention Plan. As Cal/OSHA has requested the regulations go into immediate effect, it is important to be proactive, consider how your business can feasibly satisfy these new requirements, and prepare to implement any necessary changes. For example, where are the nearest practicable places for water and a cool-down area at each workspace? What controls are sufficient to lower the temperature on hot days, such as opening windows, installing fans, or insulating employees from radiant heat sources? To assist with preparation of the required written policy, Cal/OSHA has published a fillable, Combined Indoor and Outdoor Heat Illness Prevention Model Plan.
If you have any questions about these new regulations or any other employment matters, contact an attorney at Cook Brown, LLP.