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The California Division of Occupational Safety and Health (Cal/OSHA) is set to implement a long-awaited indoor workplace heat rule as early as August 1st. On March 21, 2024, the Occupational Safety and Health Standards Board (OSHSB) voted unanimously to adopt the proposed rule, despite the California Department of Finance's last minute withdrawal of approval, citing concerns over the proposed rule's financial impact on public sector entities. In an effort to address the California Department of Finance's concerns and regain its approval, Cal/OSHA drafted modifications to the proposed rule. The proposed rule, as modified by Cal/OSHA, was approved by the OSHSB on June 20, 2024. The rule is now under review with the Office of Administrative Law (OAL), which has 30 days to complete its review and approve the rule for enactment. The OSHSB informally requested the OAL to expedite its review and finalize the legislation for immediate enactment.
The Proposed Indoor Heat Rule
Aimed at reducing the risk of heat illness, the proposed rule would generally require employers to try to cool workplaces that either reach or exceed 82 degrees Fahrenheit when employees are present. Employers subject to the proposed rule must comply with the following:
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Free Water: Employers must provide employees with access to free drinking water.
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Cool-Down Areas: Employers must provide employees with access to one or more “cool-down” areas at all times while employees are present. Employers should encourage employees to take preventative rest breaks in a cool-down area if the employee feels the need to protect himself or herself from overheating.
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Training on Heat Illness Topics: Employers must provide training to all employees (supervisory and non-supervisory) on the above-referenced requirements, as well as the personal risk factors for heat illness, reporting signs/symptoms of heat illness, and how to respond appropriately to signs of heat illness, including emergency response directives.
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Heat Illness Prevention Plan: Employers must create and implement a Heat Illness Prevention Plan containing the above-referenced provisions, as well as provisions aimed at measuring temperature and heat index, implementing control measures, emergency response procedures, and close observation of employees during acclimatization procedures.
More comprehensive requirements apply to workplaces that reach or exceed 87 degrees Fahrenheit indoors while employees are present, or reach or exceed 82 degrees Fahrenheit where employees either wear clothing that restricts heat removal (e.g., full body clothing that is waterproof and/or designed to protect wearer from chemicals or other hazards) or work in high radiant heat areas (i.e., areas subject to heat transmitted by the sun, hot objects, hot liquids, hot surfaces, or fire). These requirements include:
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Accurate Temperature Records: Employers must maintain accurate records of either the temperature or heat index measurements, including the date, time, and specific location of all measurements.
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Heat Control Measures: If feasible, employers must implement heat control measures to minimize the risk of heat illness including by removing or reducing hazardous conditions and/or creating a barrier between the employee and the heat hazard. Examples of heat control measures include: air conditioning, fans, misters, isolating employees from heat sources, ventilation to reduce heat, etc.
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Limit Heat Exposure: If heat control measures are infeasible, employers must limit exposure to a heat hazard by adjusting work procedures, practices, or schedules. Examples of measures to limit heat exposure include: rotating employees, scheduling work earlier or later in the day, using work/rest schedules, reducing work hours, etc.
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Personal Heat-Protective Equipment: If heat control and exposure limiting measures are infeasible, employers must provide personal heat-protective equipment. Examples of heat-protective equipment include: air-cooled garments, cooling vests, and heat-reflective clothing, etc.
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Observe Employees During Acclimatization/Heat Wave: Employers must closely observe an employee for 14 days when working under the above-referenced heat conditions. Employers must also closely observe employees during a heat wave, where no effective heat control measures are in use.
Barring any unforeseen opposition, we expect the OAL to adopt the new rule in the next few weeks.
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