On July 23, 2024, the California Office of Administrative Law (OAL) approved the nation’s first-ever Heat Illness Prevention in Indoor Places of Employment regulation. The regulation is enforced by Cal/OSHA and takes effect immediately.
The regulation applies to most indoor workplaces in California, including restaurants, warehouses, and manufacturing facilities. The regulation defines “indoor” as “a space that is under a ceiling or overhead covering that restricts airflow and is enclosed along its entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow, whether open or closed.”
Some employers are exempt, including but not limited to, local and state correctional facilities, as well as emergency operations directly involved in the protection of life or property. The regulation also does not apply to places of employment where employees are teleworking from a location of the employee's choice that is not under the control of the employer.
The regulation generally requires that employers take steps to protect workers from heat illness where indoor workplace temperatures reach or exceed 82 degrees Fahrenheit. Although the Cal/OSHA indoor heat regulations are similar to the already established Cal/OSHA outdoor heat regulations, there are some key differences.
The indoor heat regulations contain numerous requirements, most notably the following:
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When indoor temperatures reach or exceed 82 degrees, employers must provide employees with water (fresh, pure, suitably cool, and provided to employees free of charge), rest, and access to cool-down areas.
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When indoor temperatures reach or exceed 87 degrees, when feasible, employers must cool down the work area, implement work-rest schedules, and provide personal heat-protective equipment.
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Employers must implement workplace assessment and control measures in certain circumstances.
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Employers must implement effective emergency response procedures, such as ensuring effective communication, responding to signs and symptoms of possible heat illness, and contacting emergency medical services.
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Employers must implement effective employee training to both supervisory and non-supervisory employees. The training must address the environmental and personal risk factors for heat illness, the employer’s procedures for complying the requirements of this regulation, the importance of frequent consumption of water, the common signs and symptoms of heat illness, and a handful more topics as specified in the regulation.
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Employers must establish, implement, and maintain an effective Heat Illness Prevention Plan containing specific information. The plan may be a standalone document, or it can be included as part of the employer’s Injury and Illness Prevention Program or existing outdoor heat illness prevention plan.
California continues to be at the forefront of enacting legislation and regulations affecting most employers operating within the state. The California Legal Services team at Employers Council regularly monitors employment law developments in California that affect our members. If you have any questions about the new Indoor Heat Illness Prevention Regulations, please contact our team at cainfo@employerscouncil.org.
Jaimie Graczyk is an attorney for Employers Council.