Indoor Heat Illness Prevention Rule in Effect Now

The state Office of Administrative Law (OAL) has approved the Cal/OSHA regulations to protect employees working indoors from heat illness. The regulations went into effect immediately upon OAL approving them on July 23.

Requirements

The regulations apply to virtually all indoor work areas when the temperature equals or exceeds 82 degrees Fahrenheit indoors. Notably, state prisons have been exempted from the indoor heat illness prevention rules due to concerns about the cost implications for the state.

The indoor heat rule includes an exemption for storage sheds and other outdoor areas used to store things — but if the storage space reaches 95 degrees or higher and an employee even briefly steps into that space, the indoor heat illness requirements are triggered.

Much like the outdoor heat illness prevention rules, the indoor heat standard requires employers to, among other requirements, provide cool drinking water, create an area where an employee can cool down, and give employees cooldown breaks.

In addition, the rules require that someone monitor employees while they are taking a cooldown break.

Employers need to provide training on the indoor heat rules, keep temperature records and frequently record an indoor space’s heat index, which measures factors other than temperature, such as humidity.

Another new variable is the impact of “restrictive clothing” on the temperature threshold at which the indoor heat standard is triggered. The regulation’s trigger temperature is lower when the employee is required to wear heavier safety equipment to account for the weight of the required clothing and how it retains heat.

Background

The Cal/OSHA Standards Board adopted on June 20 the long-awaited regulations to protect employees working indoors from heat illness. The board asked that the regulations take effect immediately after OAL’s approval.

The California Legislature had directed the California Division of Occupational Safety and Health (Cal/OSHA) to develop indoor heat illness standards in 2016. Cal/OSHA’s progress on developing the standards was paused during the COVID-19 pandemic as Cal/OSHA focused elsewhere.

Recognizing space limitations for small businesses that rent rather than own the buildings where they operate, the CalChamber worked hard to make sure the new standard includes an option to create a cooldown space outside.

More Information

More information on the new rule is available on Cal/OSHA’s Indoor Heat Illness Prevention webpage.

A chart comparing indoor and outdoor heat illness standards also is available from Cal/OSHA, along with frequently asked questions related to indoor heat illness prevention.

CalChamber Resources

For further insights on the substance of the rules, listen to The Workplace podcast aired in May. Also, visit the CalChamber Store to buy the recording of the June 27 webinar on the new workplace heat illness standards.