We recently attended the “Heat Illness Prevention for Indoor and Outdoor Workers – What Employers Need to Know” presentation put on by Cal/OSHA’s Consultation Unit to get an idea of how Cal/OSHA plans to interpret and enforce their new regulation (Section 3396). The presentation started with an emphasis on the seriousness of heat illness, noting that heat illness is the leading climate-related killer, with over 1,000 worker heat-related illnesses in California each year.
Here are the top three takeaways from the presentation:
- No Grace Period—It’s Go Time!
The new regulation is already in effect, and as of now, there is no grace period. Employers should take steps to comply right away!
- Feasibility of Control Measures: It’s All About the Details
Determining whether a control measure is feasible depends on various factors like workspace size, environment, and the type of work being performed. While you’re not required to document this feasibility assessment, it’s a good idea. Cal/OSHA noted that if you get cited for not implementing feasible controls and you appeal, having documentation can help show you’ve done your due diligence.
- Multi-Employer Worksite Rules Are Still in Play
The usual rules for multi-employer worksites still apply, so make sure you’re taking the necessary steps to protect not only your own workers but also those from other employers on your worksite.
A few attendees asked if places like offices or retail stores with air conditioning are covered under the standard if the only time temperatures might hit 82°F is during an air conditioning malfunction. Cal/OSHA’s consistent response was, “If the temperature is not anticipated to exceed 82°F, the facility is not covered by the standard.” Cal/OSHA’s answer seems to suggest that if an air conditioning system fails and it is anticipated that the workplace could exceed 82°F, then the regulation would apply.
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