As temperatures soar this summer, Cal/OSHA safety inspectors will be descending upon work sites throughout California to determine whether employers are complying with heat procedures. To ensure better preparedness, it is recommended that employers start planning for heat safety now.
Outdoor Places of Employment Regulation
Pursuant to California’s Heat Illness Prevention in Outdoor Places of Employment Regulation, when the temperature exceeds 80 degrees Fahrenheit, employers are legally required to provide all outdoor workers with fresh drinking water, shade, and, whenever requested by a worker, cool-down rest breaks in addition to regular rest breaks. Employers are also required to maintain a written heat illness prevention plan and provide training for employees to recognize the common signs and symptoms of heat illness and what to do in case of an emergency.
Provision of Water
The water provided by employers should be fresh, pure, suitably cool, and free of charge so that each worker can drink at least 1 quart per hour. The water shall be located as close as practicable to the areas where employees are working.
Provision of Shade
Employers should maintain one or more areas with shade at all times while employees are present. When determining whether the proposed shaded area is adequate, employers should adhere to the following guidelines:
- The shaded area should be either open to the air or provided with ventilation or cooling;
- The amount of shade present shall be at least enough to accommodate the number of employees on recovery or rest periods so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other;
- The amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite; and
- The shade should be located as close as practicable to the areas where employees are working.
Heat Illness Prevention Plan
Employers must establish, implement, and maintain a heat illness prevention plan. The plan should be in writing, in both English and the language understood by most of the employees. The heat illness prevention plan must, at a minimum, contain procedures for the provision of water and access to shade, high-heat procedures, emergency response procedures, and acclimatization methods.
Training Requirements
Employers must provide training to employees regarding heat illness. Training must be provided on the following topics:
- The environmental and personal risk factors for heat illness;
- The importance of frequent consumption of small quantities of water;
- The concepts, importance, and methods of acclimatization;
- The different types of heat illness;
- The common signs and symptoms of heat illness;
- The appropriate first aid and/or emergency responses to heat illness;
- The employer’s procedures for providing water, shade, and cool-down rests;
- The employer’s procedures for reporting and responding to heat illness; and
- The employer’s procedures for contacting emergency medical services.
High-Heat Requirements
Cal/OSHA’s standards require specific industries to enforce heightened safety precautions when the temperature at outdoor worksites exceeds 95 degrees Fahrenheit. The industries with additional high-heat requirements are agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural products, construction materials, or other heavy materials (e.g., furniture, lumber, freight, cargo, cabinets, industrial or commercial materials). High-heat procedures include:
- Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary;
- Observing employees for alertness and signs or symptoms of heat illness;
- Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available;
- Reminding employees throughout the work shift to drink plenty of water; and
- Pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water and remind employees of their right to take a cool-down rest when necessary.
For employers in the agricultural industry, employees should also be given a minimum ten-minute net preventative cool-down rest period every two hours. The preventative cool-down rest period may be provided concurrently with any other meal or rest period if the timing of the preventative cool-down rest period coincides with a required meal or rest period.
Forthcoming Indoor Places of Employment Regulation
On March 31, 2023, the Office of Administrative Law published a Notice of Proposed Rulemaking on Heat Illness Prevention in Indoor Places of Employment in the California Regulatory Notice Register, which initiates the formal rulemaking process. The proposed indoor heat rule applies to workplaces where the indoor temperature exceeds 82 degrees Fahrenheit. If adopted, the indoor heat rule will require employers to monitor the temperature and provide fresh drinking water and cool-down areas. Employers would also be required to maintain a written heat illness prevention plan and provide training for employees to recognize the common signs and symptoms of heat illness, and what to do in case of an emergency.
Although no formal vote is set by the Standards Board yet, employers are encouraged to continue monitoring Cal/OSHA’s website for updates related to the proposed indoor heat illness prevention regulation. Cook Brown remains prepared to offer detailed assistance for ensuring heat illness prevention compliance.
