On July 23, 2024, California’s “Heat Illness Prevention in Indoor Places of Employment” regulation went into effect. The new regulation applies to most California workplaces where indoor temperatures reach 82°F or higher, and imposes several strict requirements that employers must be aware of and develop a plan to address.

Background

Historically, heat illness regulations in California primarily focused on outdoor workers. However, with the passage of Senate Bill 1167 in 2016, the California Division of Occupational Safety and Health (“Cal/OSHA”) was directed to establish similar standards for indoor workers. On June 20, 2024, Cal/OSHA submitted its proposed regulation to the Office of Administrative Law (“OAL”), requesting expedited approval and to make the regulation take effect immediately. On July 23, 2024, the OAL granted Cal/OSHA’s request, issuing its approval and making the regulation effective immediately.

Scope and Application

The new regulation takes effect whenever employees are present in any indoor working space and the temperature reaches 82°F or higher. “Indoor” refers to a space that is under a ceiling or overhead that restricts airflow and is enclosed by walls, doors, windows, dividers, or other physical barriers that restrict airflow, whether open or closed. Indoor does not include shaded areas that are used as a source of shade for employees. The rule provides limited exceptions for: certain classes of workers (remote work locations where the employer does not control the climate); incidental exposures; and for emergency services providers that are directly involved in protection of life and property. Of note, businesses engaged in shipping or intermodal container loading, unloading, or related work do not qualify for the incidental heat exposure exception.

Requirements

Employers must develop a written indoor heat illness prevention plan customized to the needs of the workplace conditions, which sets forth: (1) procedures for measuring, and recording the greater of, the temperature and the heat index of the workplace; and (2) procedures for providing water, acclimatization, cool-down areas, and emergency response measures. The plan must be written in English and any other language understood by the majority of the employees and shall be made available at the worksite to the employees and the representative of OSHA upon request.

Training must be provided to supervisory and non-supervisory employees in accordance with the regulation that generally includes education on the personal risks of heat illness, the employer’s procedures for complying with the regulation, reporting procedures, and emergency procedures, among other things.

The regulation imposes different tiers of requirements depending on the temperature, the length of the exposure, and various aggravating or mitigating factors. The first set of measures applies when the indoor temperature or heat index reaches 82°F or higher. The second, more expansive set of measures applies when indoor temperature or heat index reaches 87°F or higher.

1.  When the Indoor Temperature Reaches 82°F or Higher

Employers with an indoor workspace that reaches 82°F or higher when workers are present must implement a written Indoor Heat Illness Prevention Plan that includes procedures for:

• The provision of water
• Access to cool-down areas
• Encouraging employees to take preventative cool-down breaks and ascertain whether employees are exhibiting symptoms of heat illness
• Responding to heat illness, including monitoring, first-aid, and emergency response
• Acclimatizing new employees, or employees returning from an extended absence, to heat conditions
• Providing all employees, including supervisors, effective training on heat illness prevention requirements

2. When the Indoor Temperature Reaches 87°F or Higher

Additional requirements are imposed when the indoor temperature reaches 87°F or higher, or if the indoor temperature reaches 82°F or higher and the employee is wearing clothing that restricts heat removal, or if the employee works in a high radiant heat area (as defined in the statute). In those circumstances, the employer must additionally do all of the following:

• Measure and maintain records of temperature or heat index measurements (whichever is higher) for 12 months
• Identify and evaluate all other non-temperature related environmental risk factors for heat illness
• Obtain active employee or union involvement in measuring the temperature and identifying and evaluating environmental risk factors
• Implement “engineering controls” (as defined in the statute) when feasible to reduce the temperature and heat index below 87°F, or below 82°F where employees wear heat-restrictive clothing or work in high-radiant heat areas
• Where engineering controls are not feasible, implement administrative controls such as rotating employees, rescheduling work and reducing work intensity to minimize the risk of heat illness
• If both feasible engineering and administrative control are not enough to decrease the temperature and minimize the risk of heat illness, then “personal heat-protective equipment” should be provided (e.g., vests filled with ice packs, uniforms with fabrics that wick away sweat and allow ventilation, providing portable battery-powered fans)

Cal/OSHA Guidance

Cal/OSHA has already published guidance for employers, including a comparison of the outdoor and indoor safety standards, a combined indoor and outdoor heat illness prevention model plan and an FAQ with guidance on the new regulations.

Takeaway

Employers should immediately measure their indoor workspace temperatures to determine if they are covered under the new regulation. If they are, they should immediately begin taking steps to comply by drafting the Indoor Heat Illness Prevention Plan, conducting the training, and taking the mitigation steps referenced above.