Cal/OSHA Standards Board Approves Its First-Ever Indoor Heat Rule

The California Occupational Safety and Health (Cal/OSHA) Standards Board voted unanimously to approve a new indoor heat illness rule covering the vast majority of California employers.

California already has a heat rule in place for outdoor work activities. This new standard would expand the current rules by covering, for the first time, indoor workplaces where temperatures exceed 82 degrees Fahrenheit. Despite the unanimous vote from the Board, this rule still must be approved by the California Office of Administrative Law (OAL)—a task that has proven difficult in the past.

YOUR MOVE, OAL: FINAL APPROVAL & SETTING THE EFFECTIVE DATE

The California Illness Prevention Standard in Indoor Places of Employment is based on Senate Bill 1167, which was passed in 2016. That bill required Cal/OSHA to finish rulemaking on indoor heat issues by January 1, 2019. As of 2024, the rule has been revised seven times, and there is still no rule in place.

Before the rule is implemented, the OAL must approve it, which can take up to 30 working dates from June 20, 2024 (the date of the Standards Board’s approval). This gives OAL until Friday, August 2, 2024 for its vote. If approved, the rule would take effect at the beginning of October 2024 at the latest.

Cal/OSHA is urging OAL to (1) approve the proposal immediately and (2) to make the rule go into effect immediately. Given that OAL has already seen and commented on a previous version of indoor heat regulations, it may expedite the timing.

OVERVIEW OF THE RULE

The new rule requires covered employers at indoor worksites to maintain a Heat Illness Prevention Plan (HIPP), with certain procedures such as access to cool-down areas, emergency response procedures, and provision of water.

Cal/OSHA defines indoor places of employment as spaces that are under a ceiling or overhead covering that restricts airflow and that are enclosed along the entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow, whether open or closed. Generally, any workplace with a roof and enclosed sides is considered an indoor workplace.

Specifically, this heat illness rule applies to all indoor work areas in the following scenarios:

• The temperature equals or exceeds 87 degrees Fahrenheit when employees are present.
• The heat index equals or exceeds 87 degrees Fahrenheit when employees are present.
• Employees wear clothing that restricts heat removal, and the temperature equals or exceeds 82 degrees Fahrenheit.
• Employees work in a high-radiant-heat area and the temperature equals or exceeds 82 degrees Fahrenheit.

This new standard does not apply in the following scenarios:

• Incidental heat exposures where an employee is exposed to temperatures at or above 82 degrees and below 95 degrees Fahrenheit for less than 15 minutes in any 60-minute period (the exception does not apply to vehicles without effective/function air-conditioning)
• Employees who telework from a location outside of employer control
• Emergency operations directly involved in the protection of life or property.

Much of the “indoor” heat prevention standard mirrors the current outdoor standard, especially as it pertains to cool-down rest periods, access to cool-down areas, emergency response procedures, training, and acclimatization. As such, training on the “indoor” standard can be conducted simultaneously with training on “outdoor” heat prevention.

Further, just like many of Cal/OSHA’s new rules (such as its Workplace Violence Prevention Plan rule), this one requires a written plan that can be incorporated into an employer’s injury and illness prevention program (commonly referred to as an IIPP). Likewise, the outdoor and indoor heat illness prevention plans can be integrated as one.

One difference between the current outdoor and proposed indoor standards: under the new indoor rule, employers must now measure the temperature and heat index and record whichever is greater whenever the temperature or heat index reaches 87 degrees Fahrenheit (or the temperature reaches 82 degrees for workers working in clothing that restricts heat removal or high-radiant-heat areas).

According to Cal/OSHA’s Frequently Asked Questions, the temperature can be measured with a thermometer that is freely exposed to the air but shielded from radiant heat sources, such as the sun, hot objects, hot surfaces, hot liquids, and fire. This air temperature must be measured in the immediate area where workers are located and recorded in degrees Fahrenheit.

The following are additional important control measures described in the rule:

Water Access

The rule mirrors that of the outdoor heat prevention requirements and requires employees to have access to potable drinking water (with specific requirements on the type and amount of water).

Cool-Down Areas

Employers should allow and encourage employees to rest in a cool-down area if they feel the need to so. A cool-down area should be blocked from direct sunlight and shielded from other high-radiant-heat sources to the extent feasible and is either open to the air or provided with ventilation or cooling. The rule covers the size, location, and temperature of these areas.

In addition, a supervisor must monitor anyone in these areas and ask if employees are experiencing symptoms of heat illness and be prepared with first aid. Supervisors cannot order employees back to work until signs/symptoms of heat illness have abated after at least five minutes have passed. If any signs or symptoms of heat illness are observed or reported, the employer must not order the worker back to work and must continuously observe the worker until the signs or symptoms have improved.

Administrative Controls

The rule emphasizes the importance of administrative controls, focusing on (1) adjustments of work practices and schedules, including rest schedules, and (2) the use of personal protective equipment or appropriate clothing.

And More

The new rule also has a variety of other requirements, including those on recordkeeping of temperature or heat index measurements, engineering controls, and acclimatization.

TAKEAWAY

Heat is in the air and on the mind of regulators both in California and nationwide. For example, federal OSHA recently published its own indoor and outdoor heat rule. Regardless of whether this new Cal/OSHA rule takes effect, employers should consider reviewing and developing their heat illness prevention programs, including identifying heat hazards in both outdoor and indoor worksites.