Beat The Heat – Cal/OSHA Approves The Indoor Heat Illness Prevention Standard

Client Alert

June 2024

By: Jared W. Speier, Cory Baker

On June 20, 2024, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board voted to approve the proposed Indoor Heat Illness Prevention in Indoor Places of Employment Standard (“Indoor Heat Standard”).  The latest draft of the approved Indoor Heat Standard is available here.  Below, we discuss some of areas for employers to focus on.  With hotter days ahead, now is the time to make sure you are complying with the Indoor Heat Standard.  We recommend reaching out to your legal counsel to ensure compliance.

When Does The Indoor Heat Standard Go Into Effect?

While there is no set date for its official enactment, the Indoor Heat Standard is expected to go into effect by the end of July or early August.

However,  if you have work areas where the Indoor Heat Standard applies, now is the time to make preparations for complying with the additional requirements of the Indoor Heat Standard.  To do so, you should begin preparing your Heat Illness Prevention Plan in Indoor Places of Employment (“Indoor HIPP”) and provide employee training.

  • Indoor HIPP: while the Indoor HIPP may be included as part of your existing Injury and Illness Prevention Program (“IIPP”) or Outdoor HIPP, the Indoor HIPP should also include additional requirements, such as initiating additional preventive measures for heat illness protections based on temperature and heat index, discussed in more detail below.
  • Training: in addition to having a compliant Indoor HIPP, you should also provide effective heat illness training to all employees who are likely to be exposed to heat illness risks before the employee begins work. We expect Cal/OSHA to release more details as to the content of this training as the effective date nears.

Where And When Does The Indoor Heat Standard Apply?

The Indoor Heat Standard contains two trigger temperatures: 82 and 87 degrees Fahrenheit.  Here’s how they apply:

  • The Indoor Heat Standard applies to all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present.
    • “Indoor” refers to 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.
  • Additional assessment and control measures (described below) kick in when any of the following conditions are present: (1) the temperature equals or exceeds 87 degrees Fahrenheit when employees are present; (2) the heat index equals or exceeds 87 degrees Fahrenheit when employees are present; (3) employees wear clothing that restricts heat removal and the temperature equals or exceeds 82 degrees Fahrenheit; or (4) employees work in a high radiant heat area and the temperature equals or exceeds 82 degrees Fahrenheit (“Additional Heat Conditions”).
    • The “heat index” refers to the conditions in an indoor work area (i.e. what the temperature feels like to the human body when relative humidity is combined with the air temperature). The heat index, developed by the National Weather Service (NWS), can be found in Appendix “A” to the Indoor Heat Standard.
    • A “high radiant heat area” refers to a work area where that temperature is at least five degrees Fahrenheit greater in the immediate area where employees are located.

What Are The Indoor Heat Standard Requirements?

To summarize, under the Indoor Heat Standard, employers must:

  • Provide access to water that is: (1) fresh, pure, suitably cool, and free of charge; and (2) located as close as possible to employees’ workspaces and in indoor cool-down areas.
  • Have and maintain at least one cool-down area at all times while employees are present and encourage their employees to take preventative cool-down breaks.
    • A “cool-down area” is an indoor or outdoor area that must be kept below 82 degrees Fahrenheit to allow employees to cool down and rest to prevent overheating.
  • Implement effective emergency response procedures for: (1) ensuring communication methods are available to allow employees to contact their supervisor or emergency personnel when necessary; (2) responding to signs and symptoms of possible heat illness; (3) contacting emergency medical services; and (4) ensuring clear and precise directions can be provided to emergency responders.
  • Acclimatize (or adapt) to heat waves when no effective controls are in use to mitigate the risk of heat illness by closely observing all current employees as well as new employees for the first 14 days of employment.
  • Train all employees and supervisors on heat illness prevention and treatment, and procedures for complying with the Indoor Heat Standard. In addition, supervisors should also be trained on how to monitor and respond to weather reports indicating excessive heat.
  • Establish, implement, and maintain a written Indoor HIPP, which may be part of the employer’s existing IIPP and/or Outdoor HIPP. Cal/OSHA is in the process of drafting an Indoor HIPP template, though its release date is currently unknown.
  • Implement temperature monitoring and control measures when Additional Heat Conditions occur. These monitoring and control measures include:
    • Engineering controls such as air conditioning, cooling fans, cooling mist fans, evaporative coolers (also called swamp coolers), and natural ventilation;
    • Administrative controls such as allowing employees to adapt to the new climate or conditions, rotating employees, scheduling work earlier or later in the day, using work/rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and
    • Personal heat-protective equipment such as water-cooled garments, cooling vests, wetted over-garments, heat-reflecting clothing, and supplied-air cooling systems.

Are There Any Exceptions To The Indoor Heat Standard?

Yes.  The Indoor Heat Standard does not apply to the following:

  • Teleworking locations of the employee’s choice that are not under the employer’s control.
  • Incidental heat exposures where an employee is exposed to temperatures at or above 82 degrees Fahrenheit and below 95 degrees Fahrenheit for less than 15 minutes in any 60-minute period. However, this exception does not apply to: (1) vehicles without effective and functioning air conditioning; or (2) shipping or intermodal containers during loading, unloading, or related work.
  • Emergency operations directly involved in the protection of life or property.

Additionally, the following employers and places of employment are exempt from the Indoor Heat Standard requirements:

  • Prisons operated by the California Department of Corrections and Rehabilitation.
  • “Local detention facilities” operated by a local government.
  • “Juvenile facilities” operated by a local government.

What Should I Do Now?

With the Indoor Heat Standards now in effect, employers should review the requirements and begin preparations for compliance. Stradling attorneys will continue to stay on the lookout for any relevant updates.  Please feel free to reach out with any questions or concerns.