California has introduced new standards for preventing heat illness in indoor workplaces which are set to take effect as soon the Office of Administrative Law approves the standards, which is expected to be this month. The new indoor heat standards will affect employers in the restaurant and construction industries, those with employees working in warehouses, and other locations where indoor temperatures reach 82 degrees.
Under the new Heat Illness Prevention in Indoor Places of Employment standards (Title 8, California Code of Regulations, Section 3396) when indoor temperatures are 82°F or higher, employers must provide employees with (1) access to free, fresh, potable and suitably cool drinking water located as close as possible to work areas and cool-down areas; and (2) the ability to take preventative cool-down breaks when employees feel they are necessary to prevent overheating.
The indoor heat illness standards apply to workspaces that are under a ceiling or an overhead covering that restricts airflow and is enclosed by walls or other physical barriers that restrict airflow, whether the area is open or closed. Outdoor work areas have their own set of heat illness prevention rules that employers must follow if they have employees working outside.
For employees working indoors, there must be at least one cool-down area kept below 82°F and shielded from high-radiant heat sources. This cool-down area must be as close as possible to employee work areas and large enough to accommodate employees on break so that they’re able to sit comfortably without touching one another.
When indoor temperatures reach 87°F (or 82°F when employees are wearing clothing that restricts heat removal as described in the statute or in high-radiant heat areas) employers must implement high-heat procedures. These high-heat procedures include engaging methods to reduce temperatures, effective communication with employees and employee monitoring, and reminders to employees to stay hydrated. The new indoor heat illness standards include some exceptions and don’t apply to employees working remotely at home.
Recommended Compliance Steps for Employers With Indoor Workspaces That Reach 82 Degrees or Higher:
- Monitor Indoor Temperatures: When it is reasonably suspected that the temperature or heat index is 87 degrees or more (or 82 degrees if employees are required to wear clothing that restricts heat removal or in high radiant heat areas) regularly check and record temperatures in indoor work areas. This includes recording the temperature, location, date and time of the recording.
- Ensure Access to Water: Make certain that free, cool, fresh, potable drinking water is readily available and encourage frequent consumption by employees. If water is not available from a tap, employers must provide enough water for every worker to be able to drink one quart of water, or four eight-ounce cups, per hour for the entire shift.
- Provide Adequate Shade and Cool Areas: Maintain cool-down areas that are easily accessible and blocked from direct sunlight and heat sources.
- Use Controls to Reduce Hazardous Conditions. Where possible, use air conditioning, cooling fans, cooling mist fans, evaporative coolers, or other means to control heat indoors. Consider rotating employees, scheduling work earlier or later in the day, reducing work hours, changing required work clothing, and using relief workers as a means to limit employee exposure to high heat. Supervisors should monitor employees closely during high heat.
- Implement Written Indoor Heat Illness Prevention Plan: Develop a written Indoor Heat Illness Prevention Plan (IHIPP) with clear procedures for addressing heat illness, including how to get emergency medical help. This Plan can be stand-alone or added to the employer’s current Injury Illness Prevention Plan (IIPP) and/or Heat Illness Prevention Plan (HIPP).
- Allow Preventative Cool-Down Rest Periods. Employees should receive preventative cool-down rest periods if they are needed to protect themselves from overheating. Employees should not be required to return to work if there are signs of heat illness.
- Educate Your Team: Conduct regular training sessions on heat illness prevention and response, including training of new employees before they begin their employment. Update training materials to comply with the new regulations.
- Implement Emergency Protocols. Ensure that employees understand what response must be taken in the event of a potential heat illness emergency.
Additional information about the Cal/OSHA Indoor Heat Prevention Regulations may be found here: https://www.dir.ca.gov/dosh/heat-illness/indoor.html
And Cal/OSHA’s published FAQs on Indoor Heat Prevention may be found here: https://www.dir.ca.gov/dosh/heat-illness/indoor-faq.html
By understanding and implementing these new standards, employers can ensure a safer working environment for employees, help prevent heat-related illnesses, and maintain compliance with California regulations. Employers needing guidance on preparing a HIPP or who have questions about their obligations under the new Heat Illness Prevention in Indoor Places of Employment standards should reach out to competent employment counsel for guidance.
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