New Indoor Heat Illness Standard

It’s getting Hot in HR this summer. As many California employers scramble to comply with the new Workplace Violence Prevention Plan requirements, another required safety plan is on the horizon: the Indoor Heat Illness Prevention Plan.

On June 20, 2024, Cal/OSHA’s Standard Board adopted a new regulation (8 C.C.R. section 3396), creating a mandatory heat illness prevention standard for indoor places of employment that exceed 82 degrees Fahrenheit. While outdoor places of employment have already been required to maintain heat illness plans for years, what does this mean for California employers?

Who Does the Indoor Heat Illness Standard Apply To?

The standard covers all indoor work areas where it gets hot, which to Cal/OSHA means the temperature equals or exceeds 82 degrees Fahrenheit when employees are present. This regulation is aimed at places that can get warm, like warehouses, restaurant kitchens, and manufacturing plants. Indoor work spaces with functioning air conditioning, like an average office, will not need to worry about this if the temperature never exceeds 82 degrees when employees are present.

There is an exception for teleworking employees that are at a location not under control of the employer (e.g., a remote employee working from home). Additionally, requirements do not apply to emergency operations directly involved in the protection of life or property. Another exception applies to incidental heat exposures that last less than 15 minutes in any 60-minute period.

When Will the New Requirements Go Into Effect?

To officially go into effect, the regulation must first be approved by the Office of Administrative Law (OAL). OAL has 30 working days to approve or disapprove a regulation. Cal/OSHA requested that OAL fast track the process so the regulation could go into effect as early as August 2024; however, it could also be as late as October 2024. We’ll keep you updated!

What Are the New Requirements?

Essential requirements include:

• Water: Providing access to portable drinking water that is fresh, pure, suitably cool, and free of charge.
• Cool-Down Areas: Providing at least one cool-down area on site, as well as allowing and encouraging employees to take cool-down breaks as needed, which must be at least 5 minutes in duration.
• Emergency Response Procedures: Ensuring effective communication methods for emergencies and processes to respond to signs/symptoms of heat illness.
• Acclimatization: Under certain circumstances, supervisors need to observe employees within their first 14 days of assignment, and all employees during a heat wave.
• Higher Heat Requirements: When the temperature or heat index exceeds 87 degrees Fahrenheit OR when the temperature exceeds 82 degrees and employees wear restrictive clothing that prevents heat removal or when working in high radiant heat areas, employers have additional requirements, such as keeping accurate temperature and heat index records, implementing controls, and monitoring environmental risk factors for heat illness.

Note: Heat index takes into account other factors, such as humidity. Employers need to purchase tools that measure heat index (not just temperature) to comply.

What Else Will Employers Need To Do?

Covered employers will be required to create a written Heat Illness Prevention Plan (HIPP). If you already have one for outdoor conditions, include these indoor requirements. The HIPP must contain procedures to comply with the requirements above, as well as procedures for taking heat measurements and recordkeeping in certain circumstances.

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

For some good news—Cal/OSHA already has a number of resources to help employers comply, including a Model Plan, FAQs, and a Fact Sheet for Employers. These resources can be accessed on Cal/OSHA’s website. CEA members may call us with questions at 800.399.5331 or email us at CEAinfo@employers.org.