Cal/OSHA Adopts New Indoor Heat Illness Prevention Rule

Heat in the workplace is a major concern for many employees. Excess heat can lead to various health problems, including heat stroke, heat exhaustion, and other heat-related issues. Anyone can be affected by heat stress and other heat-related health issues, but workers working in high-temperature environments, such as warehouses and kitchens, are particularly vulnerable. Employers have an obligation to provide a safe working environment for their employees. Recently, the California Occupational Safety and Health Standards Board (Cal/OSHA) made a significant move by adopting a new regulation aimed at enhancing worker safety. The new standard titled Heat Illness Prevention in Indoor Places of Environment is meant to protect workers from the risks associated with high indoor temperatures. The passing of this regulation comes after a previous attempt to pass the rule failed due to procedural issues. Below is more on the new indoor heat regulation.

Who is Covered Under the Heat Regulation?

The new indoor heat regulation targets workplaces where the temperature is at least 82oF when workers are present. This new regulation aims to ensure employers take proactive steps to keep their workers safe from heat stress and associated health issues. However, as is the case with other laws, certain workers are not covered under the new indoor heat regulation. First, the regulation does not cover workers who telework from a location of their choosing that their employer does not control. Second, “incidental heat exposures” that last less than fifteen minutes in any one-hour period when the temperature is about 82oF and less than 95oF are not covered under the new rule. Additionally, prisons and detention facilities are exempt from the new standards.

When Does the Rule Take Effect?

The new indoor heat regulation will take effect in early August 2024 if the Office of Administrative Law (OAL) expedites its effective date. Otherwise, the regulation will take effect on October 1, 2024. Either way, employers have a limited time to adapt to the requirements under the new rule and ensure their workplaces are compliant.

What are Employers Obligated To Do Under the New Indoor Heat Regulation?

Employers covered under the new indoor heat regulation will need to take several measures to ensure they are in compliance with the law. Depending on the heat index in a workplace, an employer may need to do all or some of the following;

• Supply drinking water. If drinking water is not available through plumbing or other continuous means, employers must ensure that there is enough water at the beginning of every shift to provide each worker with one quart per hour of drinking throughout the entire shift.
• Ensure access to cool-down areas. These are indoor and outdoor spaces protected from direct sunlight and other sources of high-radiant heat.
• Regularly monitor workplace temperature and heat index and assess the risk factors for heat illness.
• Keep precise records of heat index or temperature measurements.
• Implement control measures. This entails using engineering and administrative controls to reduce the risk of heat illness.
• Establish emergency response procedures and provide training for employees.

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