California’s Indoor Heat Protection Law In Effect

July 26, 2024

In 2022, 43 U.S. workers died in the workplace due to environmental heat. To address this issue, several states have created heat-related workplace protections – with California’s Heat Illness Prevention in Indoor Place of Employment regulations being the latest.  

On June 20, Cal/OSHA approved a heat illness standard that establishes safety measures for most workplaces where the indoor temperature reaches 82°F. The regulation is now in effect. As a result, California employers should immediately review this new standard and their existing workplace infrastructure to ensure compliance.  

What Is Heat Illness?  

According to the CDC, heat-related illnesses occur when the body is not able to properly cool itself, usually because a person’s temperature is increasing faster than it can cool itself down. Heat illness is potentially fatal if left untreated. It can also cause damage to the brain and other organs. 

Common signs of heat illness include changes to the skin (redness or pallor), heavy sweating, headache or drowsiness, muscle cramps, fainting, vomiting, confusion, loss of and fatigue. A helpful infographic from the CDC showing the symptoms is available here 

California Heat Illness Prevention Standard Requirements 

The California Heat Illness Prevention Standard applies, with limited exceptions, to indoor places of employment where the temperature or heat index equals or exceeds 87°F. It also applies where workers wear clothing that restricts heat removal, or there is high radiant heat and the temperature equals or exceeds 82°F. 

Note: This new standard does not apply to remote workers. 

Below is a high-level overview of some of the measures this new standard will require:  

  • A Written Heat Illness Prevention Plan: This must include procedures for providing drinking water, cool-down areas, rest periods, observation during acclimation, assessment and measurement of heat, training, emergency response, and control measures. Cal/OSHA provided a written model program in its FAQs.  
  • Access to Water: Ensure your employees have a continuous supply of drinking water or implement processes to ensure you have at least one quart of drinking water per working employee per hour.  
  • Access to Cool Areas: employers must provide at least one cool-down station with temperatures below 82°F. It must be shaded from direct sunlight, shielded from high-radiant heat sources, and large enough to accommodate all workers on rest breaks so they can sit without touching.  
  • Cool-Down Rest Period Processes: Workers must be permitted to take preventative cool-down rest periods, during which time they should be monitored for symptoms of heat-related illness. 
  • Temperature/Heat Index Monitoring: Employers must implement processes to accurately monitor the temperature and train the appropriate team members on the measures. Employers are also permitted to use a thermometer.  
  • Devise Training for Workers and Supervisors: Your training needs to cover risk factors and signs and symptoms of heat illness, your procedures for managing heat and for responding to instances of heat illness, reminders about the importance of drinking water and acclimatization, and emergency procedures. Supervisors must also be trained on how to monitor and respond to hot weather reports and reminding employees to drink water. 
  • Reminding workers to drink: Employees must be reminded and encouraged to drink water. Employers can achieve this by implementing signals, signage, or verbal cues. 
  • Controls: Implement engineering and/or administrative controls to remove or reduce heat. These requirements are technical and beyond the scope of this content. You can read more about them here 

Employer Compliance Checklist 

  • Publish a Written Heat Illness Prevention Plan. 
  • Decide where your cool-down area(s) will be located. 
  • Confirm how you will meet the drinking water requirements, including access and reminders.  
  • Update your employee handbook and/or internal processes to reflect the changes.  
  • Prepare adequate training for your supervisors and workers. 
  • Determine which engineering and/or administrative controls you plan to implement. 

If you need assistance implementing these changes, reach out. Our employment attorneys are available to help.  

Disclaimer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the e-mail links contained within the site do not create an attorney-client relationship between CGL and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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