Special Alert: Indoor Heat Illness Standard Took Effect July 23

By Eliseo Nú?ez , HR Director

Ever since Cal/OSHA’s Standard Board adopted a new Indoor Heat Illness Prevention regulation (8 C.C.R. section 3396) on June 20, California employers have been eagerly waiting for more guidance, as well as an effective date. Both of these concerns are now addressed. The Office of Administrative Law (OAL) issued its final approval on July 20, 2024, and the standard took effect on July 23, 2024. Cal/OSHA updated its Frequently Asked Questions page to reflect this change.

While speculation was that the standard would not go into effect until sometime between August and October of this year, Cal/OSHA asked the OAL to expedite approval so the new rules would be effective as soon as possible.

Join CEA and Cal/OSHA for a free virtual Q&A on August 20, where Cal/OSHA Consultation will provide key insight into this new standard and the new Workplace Violence Prevention requirements.?Register here now!

And, for more information on indoor heat illness requirements, keep reading:

Who Does the Indoor Heat Illness Standard Apply To?

To recap, the standard applies to all indoor work areas where the temperature equals or exceeds 82° Fahrenheit when employees are present. This regulation is aimed at workplaces like warehouses, restaurant kitchens, and manufacturing plants. Indoor workspaces where the temperature never exceeds 82° F, like office environments with functioning air conditioning, will not need to worry about this if the temperature never exceeds 82° F when employees are present.

Are There Any Exceptions?

The new standard does not apply to outdoor working conditions since these are already regulated by their own Heat Illness Prevention Standard. The new regulation did name some narrow exceptions including:

• Prisons, local detention facilities and juvenile facilities
• Teleworking employees where the location is not under the control of the employer
• Emergency operations directly involved in the protection of life or property
• Incidental heat exposure where a worker is exposed to temperatures between 82 and 95° F for less than 15 minutes in any 60-minute period. This exception does not apply to vehicles without working air conditions or shipping or intermodal containers during loading, unloading or related work.

What Must Employers do to Comply?

Employers must develop, document (put in writing) and implement procedures for complying with the requirements of this standard. In order to be complaint a Heat Illness Prevention Plan (HIPP) must include:

• Water: Procedures for providing sufficient drinking water.
• Cool-Down Areas & Breaks: Procedures for providing access to cool-down areas and breaks.
• Emergency Response Procedures: Including effective communication and first aid response.
• Acclimatization Methods: Including closely observing new employees and newly assigned employees working in hot areas during a 14-day acclimatization period.

And, when additional risk factors are present, such as when the temperature reaches or exceeds 82° F when employees are wearing restrictive clothing or working in high radiant areas (ovens, fire, etc.), or anytime the temperature reaches or exceeds 87° F, employers must also implement:

• Monitoring & Controls: Procedures for measuring the temperature and heat index and recording whichever is greater, identifying and evaluating environmental risks factors for heat illness, and implementing control measures.

What Else Will Employers Need To Do?

Covered employers must also train their staff on heat illness prevention and treatment, and the employer’s written heat illness prevention plan. For supervisors, employers must provide additional training on monitoring and responding to weather reports indicating excessive heat.

More information is available on Cal/OSHA’s Heat Illness Prevention and Guidance Resources page including educational materials and a model Written Heat Illness Prevention Plan employers can use to craft their own.

CEA members may call us with questions at 800.399.5331 or email us at [email protected].