New Division of Occupational Safety and Health (Cal/OSHA) indoor heat illness prevention regulations go into effect July 23, 2024. They apply to all indoor workplaces with temperatures of 82 degrees F or more when employees are present. Employers must take additional measures when the indoor temperature is at least 87 degrees F.

In such workplaces, employers must provide:

• At least one cool-down area as close as possible to the work area and sufficient to accommodate the needed number of employees on breaks and at meals so they can sit without touching each other. Temperature in such an area must be lower than 82 degrees F. Employers must permit and encourage preventative cool-down rest breaks at any time, monitor employees taking breaks for signs of heat illness, encourage them to remain in the cool-down area as needed, and not order them back to work with any signs of heat illness (five-minute minimum on top of the time to get to the cool-down area and back). Employers must also provide first aid or emergency response when there are symptoms of heat illness symptoms or reports; and

• Free, fresh, pure, and cool potable water as close as possible to work areas and in indoor cooldown areas. If not available via plumbing, employers must provide enough water so that each employee has access to one quart per hour and must encourage workers to drink the water.

For employees working in 82 degrees-plus F temperature or heat index (temperature plus humidity level, chart provided in regulations Appendix) who wear clothing restricting heat removal or working in a high radiant heat area, or those present in a work area with a temperature or heat index of 87 degrees F or higher, employers need to:

• Measure the temperature and heat index and keep accurate records of the higher of the two for the later of 12 months or until the next measurement is taken, and also identify any other heat illness environmental risk;

• Take the required measurements per the methods and at the times specified in section (e) of the regulations; and

• Have effective methods to actively involve employees and union representatives in the measuring and recording activities and identification of other environmental risk factors.

The regulations also prescribe use of engineering and administrative controls, personal heat-protection equipment emergency response, and acclimatization procedures for newly-assigned employees. They also require training on heat illness risks, employer procedures for compliance with indoor heat illness protections, consumption of sufficient water, acclimatization, types of heat illness, including symptoms, procedures for symptom response and contacting emergency medical services when needed, as well as how to provide clear directions to the worksite if such emergency services are needed. Supervisors must receive additional training.

Exempt from the regulations are:

• Local detention facilities, juvenile facilities, and prisons;

• Incidental exposures to temperatures of 87-92 degrees for 15 minutes or less, unless in a vehicle with non-functional air conditioning or shipping container;

• Remote work from a location chosen by the employee and not controlled by the employer; and

• Emergency operations to protect life or property.

Cal/OSHA provides further guidance:

FAQs: https://www.dir.ca.gov/dosh/heat-illness/indoor-faq.html

Educational Materials and Other Resources, including a Model Plan: https://www.dir.ca.gov/dosh/heat-illness/Indoor-HIP-Resources.html

Fact Sheet: https://www.dir.ca.gov/dosh/dosh_publications/Indoor-Heat-Employers-fs.pdf

Webinars on the new requirements on August 6 and 12, 2024. See https://www.dir.ca.gov/oshsb/documents/Indoor-Heat-updated-txtbrdconsider.pdf .

An employer may include its indoor heat illness measures in its Injury and Illness Prevention Plan, Heat Illness Prevention Plan, or in a separate document.

Take-Aways:

The regulations apply to any workplace subject to indoor heat illness conditions, for example warehouses and restaurants. Even an air-conditioned facility may become subject to the new regulations if that equipment goes down. Affected businesses must comply to protect their workforces and avoid penalties.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Scorch Prevention - Protecting Workers from Heat Illness (May 30, 2024)
• Keep Employees Safe (June 30, 2023)
• No Confined Space Canary: Four Companies Cited $1.75 Million for Worker's Suffocation Death (May 27, 2022)

Helena Kobrin
August 2, 2024