On June 20, 2024, the Occupational Safety and Health Standards Board approved the California Code of Regulations, Title 8, section 3396, “Heat Illness Prevention in Indoor Places of Employment” which mandates specific safety measures for indoor environments where temperatures reach 82 degrees F or higher. This standard went into effect on July 23, 2024.
The law does not apply to:
- Remote workers;
- Employees exposed to heat for 15 minutes or less within 60 minutes;
- Workplaces with consistent air conditioning below 80 degrees F;
- Prisons, detention centers, or juvenile facilities; or
- Firefighters and other emergency personnel.
To comply with the new regulations, “covered employers” must implement the following key measures, among other things:
- Temperature Monitoring: Regularly monitor indoor temperatures to identify areas where conditions exceed 82 degrees F. For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories.
- Acclimatization: Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period, as well as all workers working during a heat wave.
- Access to Water: Provide access to potable water that is fresh, suitably cool, free of charge, and located as close as possible to work areas and cool-down areas.
- Access to Cooldown Areas: Provide employees with indoor or outdoor areas that are blocked from direct sunlight and shielded from other high radiant heat sources to the extent feasible and are either open to the air or provided with ventilation or cooling. The cool-down area must:
- Be at least large enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully without having to be in physical contact with each other; and
- Be located as close as practicable to the areas where employees are working.
- Rest Breaks: Allow and encourage employees to take paid rest breaks in designated cool areas. It is important to note that if an employee misses a required cool-down period, the employer may be liable for one hour of premium pay at the employee’s regular rate of pay.
- First Aid: If an employee exhibits signs or reports symptoms of heat illness, the employer shall provide appropriate first aid or emergency response.
- Training: Provide comprehensive heat illness prevention training to both workers and supervisors on several topics, including the steps the employer is taking to comply with this regulation. Required topics include:
- Environmental and personal risk factors for heat illness.
- The employer’s procedures for complying with this regulation.
- The importance of frequent water consumption.
- The importance and methods of acclimatization.
- Signs and symptoms of the diverse types of heat illness.
- The importance of workers immediately reporting to the employer signs and symptoms of heat illness in themselves or co-workers.
- The employer’s procedures for responding to signs and symptoms of heat illness, such as first aid.
- Emergency response procedures, including contacting emergency medical services with clear directions to the worksite.
- How to monitor and respond to hot weather reports, if the work area is affected by outdoor temperatures (required for supervisors prior to supervising workers).
- Control Measures to Reduce and Maintain Temperature: Develop and implement heat illness emergency response plans that include engineering controls to ensure temperatures remain below 87 degrees F (i.e., air conditioner, cooling fans, insulation of hot surfaces), and/or administrative controls (i.e., requiring mandatory rest breaks, schedule work during cooler periods) or use heat protective equipment.
- Emergency Preparedness: Develop and implement heat illness emergency response plans.
- Recordkeeping Requirements: Employers are required to maintain records of temperature measurements, including:
- Date, time, and specific location of measurements;
- Temperature and heat index readings; and
- Documentation of any corrective actions taken.
- Maintain records for at least 12 months or until the next set of measurements is taken, whichever is later.
- Written Heat Illness Prevention Plan: Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment, and measurement of heat, training, prompt emergency response, and feasible control measures.
Penalties for Non-Compliance
Failure to comply with the indoor heat regulations can result in significant penalties for employers. These penalties may include:
- Citations and fines: Cal/OSHA can issue citations and impose fines for violations of the standard.
- Civil penalties: Employees may file civil lawsuits against employers for damages related to heat illness.
- Private attorney general actions: Under the Private Attorneys General Act (PAGA), employees can bring claims on behalf of the state and recover penalties.
Next Steps
Employers should visit the Cal/OSHA Heat Illness Prevention Guidance and Resources webpage for more detailed information on complying with this standard, including an extensive set of frequently asked questions (FAQs). Those who do not yet have a written plan should begin developing and implementing one immediately.
Maintain open communication with employees about heat-related risks and preventive measures.
Consider collaborating with your legal counsel for additional guidance on your plan’s development.
