Contributors

Jennifer Woo Burns

Of Counsel

As we previously reported, Cal/OSHA has issued and revised heat illness prevention requirements for outdoor work areas for a number of years. Now, the agency has set new standards for preventing indoor heat illness. Specifically, on June 20, 2024, Cal OSHA approved new regulations entitled “Heat Illness Prevention in Indoor Places of Employment”. These standards apply to most workplaces where the indoor temperature reaches 82° F, establishing required safety measures for indoor workplaces to prevent worker exposure to risk of heat illness. Now that the regulations have been approved, the Office of Administrative Law (OAL) has 30 working days to review the proposal, and Cal OSHA has requested that the regulation take effect immediately after OAL approval.

These new indoor standards differ from outdoor heat illness standard in the following ways: *

Scope and application

Outdoor Heat Standards (8 CCR § 3395)

• Applies to outdoor workplaces

Indoor Heat Standards (8 CCR § 3396)

• Applies to indoor workplaces when the indoor temperature is greater than 82° F

Provide clean drinking water

Outdoor Heat Standards (8 CCR § 3395)

• Provide access to potable water that is fresh, suitably cool, and free of charge
• Located as close as possible to work areas

Indoor Heat Standards (8 CCR § 3396)

• Provide access to potable water that is fresh, suitably cool, and free of charge
• Located as close as possible to work areas and cool-down areas

Access to shade and cool-down areas

Outdoor and Indoor Heat Standards (8 CCR § 3395 and 8 CCR § 3396)

• For outdoor workplaces, shade must be present when temperatures are greater than 80° F. When temperatures are less than 80°F, shade must be available upon request
• For indoor workplaces, provide access to at least one cool-down area which must be kept at a temperature below 82°F
• Shade and cool-down areas must be:
  • Blocked from direct sunlight
  • Large enough to accommodate the number of workers on rest breaks so they can sit comfortably without touching each other
  • Close as possible to the work areas
  • For indoor workplaces, the cool-down areas must be kept at less than 82°F and shielded from other high-radiant heat sources

Cool-down rest periods

Outdoor and Indoor Heat Standards (8 CCR § 3395 and 8 CCR § 3396)

• Encourage workers to take preventative cool-down rest periods
• Allow workers who ask for a cool-down rest period to take one
• Monitor workers taking such rest periods for symptoms of heat-related illness

High-heat procedures

Outdoor Heat Standards (8 CCR § 3395)

• Have and implement procedures to deal with heat when the temperature equals or exceeds 95°F
• Procedures must include:
• Observing and communicating effectively with workers
• Reminding workers to drink water and take cool-down rest breaks

Indoor Heat Standards (8 CCR § 3396)

• Not applicable to Indoor Workplaces

Assessment and control measures

Outdoor Heat Standards (8 CCR § 3395)

• Not applicable to Outdoor Workplaces

Indoor Heat Standards (8 CCR § 3396)

• Measure the temperature and heat index and record whichever is greater whenever the temperature or heat index reaches 87° F (or temperature reaches 82° F for workers working in clothing that restricts heat removal or high-radiant-heat areas)
• Implement control measures to keep workers safe. Feasible engineering controls must be implemented first.

Monitoring the weather

Outdoor Heat Standards (8 CCR § 3395)

• Monitor outdoor temperature and ensure that once the temperature exceeds 80°F, shade structures will be opened and made available to the workers
• When it is at least 95°F, implement high-heat procedures
• Train supervisors on how to check weather reports and how to respond to weather advisories

Indoor Heat Standards (8 CCR § 3396)

• For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories

Emergency response procedures

Outdoor and Indoor Heat Standards (8 CCR § 3395 and 8 CCR § 3396)

• Provide first aid or emergency response to any workers showing heat illness signs or symptoms, including contacting emergency medical services

Acclimatization

Outdoor and Indoor Heat Standards (8 CCR § 3395 and 8 CCR § 3396)

• Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period, as well as all workers working during a heat wave

Training

Outdoor and Indoor Heat Standards (8 CCR § 3395 and 8 CCR § 3396)

• Employers must provide training to both workers and supervisors

Heat illness prevention plan

Outdoor Heat Standards (8 CCR § 3395)

• Establish, implement, and maintain an effective written Outdoor Heat Illness Prevention Plan that includes procedures for providing drinking water, shade, preventative rest periods, close observation during acclimatization, high-heat procedures, training, prompt emergency response

Indoor Heat Standards (8 CCR § 3396)

• Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment and measurement of heat, training, prompt emergency response, and feasible control measures

* From Department of Industrial Relations, Cal/OSHA Heat Illness Prevention Guidance and Resources

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As indicated above, employers must train employees on these standards and maintain compliant policies. Cal/OSHA offers a Combined Indoor and Outdoor Heat Illness Prevention Model Plan for Employers and other employer reference resources, that can be accessed here. Employers should be proactive in monitoring workplace temperatures, both indoor and outdoor, to determine when these standards are in effect and ensure that supervisory personnel are adequately trained to address potential heat illness events. Note that federal OSHA also has some of its own heat illness standards in the works—we will update you on any additional obligations those may impose if they are adopted.