November 2024
Number 50

On June 20, 2024, the Occupational Safety and Health Standards Board adopted new rules for California employers to improve indoor heat illness prevention (Section 3396 Standards). Section 3396 applies to most California workplaces where the indoor work area temperature reached or exceeds 82 degrees Fahrenheit when employees are present. Section 3396 also requires that covered employers establish, implement, and maintain a Heat Illness Prevention Plan (“HIPP”) with specific required elements and procedures. 

Section 3396 Standards

There are two main temperatures that matter for employers under Section 3396: 82 degrees Fahrenheit and 87 degrees Fahrenheit. Whenever indoor temperatures reach or exceed 82 degrees Fahrenheit, employers are required to provide water, rest, cooling areas, and monitor for signs of heat illness. For indoor workplaces where the temperature reaches 87 degrees Fahrenheit, employers must take additional steps to protect workers from heat illness including, but not limited to, cooling the work area. These additional requirements also apply when the indoor temperature reaches 82 degrees and either employees work in a “high radiant heat area,” or employees wear heat-trapping clothing and gear. If the work site cannot be cooled, employers must allow additional breaks, rotate workers into cooler areas, and make other adjustments. 

In order to comply with the Section 3396 Standards, an employer must create a written heat HIPP. The plan must be specific to the employer’s operations and cannot be just a restatement of the Section 3396 Standards. Workers and supervisors must also receive training so they understand and can implement the employer’s plan. The California Division of Occupational Safety and Health (Cal/OSHA) will evaluate training compliance by examining both the content of the training and how it is presented. To be effective, training must be given in a language and at an educational level the workers understand.

Requirements for a Compliant Heat Illness Prevention Plan

A compliant HIPP must include:

• Procedures for providing sufficient water. 
• Procedures for providing access to cool down areas. 
• Procedures to measure the temperature and heat index and record whichever is greater, identify and evaluate environmental risk factors for heat illness, and implement control measures. 
• Emergency response procedures. 
• Acclimatization methods and procedures. 

Training and Implementation of New Regulations

Under Section 3396, an employer must provide training to both workers and supervisors. Required training topics include:

• Environmental and personal risk factors for heat illness.
• The employer’s procedures for complying with new regulations.
• The importance of frequent water consumption.
• The importance and methods of acclimatization.
• Signs and symptoms of the different types of heat illness.
• The importance of workers immediately reporting to the employer signs and symptoms of heat illness in themselves or co-workers.
• The employer’s procedures for responding to signs and symptoms of heat illness, such as first aid.
• Emergency response procedures, including contacting emergency medical services with clear directions to the worksite.
• Prior to supervising workers, the supervisor must be trained in all of the information listed above and how to monitor and respond to hot weather reports, if the work area is affected by outdoor temperatures.

To lower indoor temperatures, the Occupational Safety and Health Standards Board recommends employers start by utilizing “engineering controls,” meaning methods of control or devices that remove heat to reduce the temperature and heat index. Examples include cooling fans, cooling mist fans, increased ventilation, swamp coolers, and air conditioning.

If engineering controls are not sufficient, then “administrative control” methods can be implemented. “Administrative control” methods include adjustment of work procedures, practices, or schedules. 

Exemptions

The following employers and situations are exempt from the indoor safety measures under the new regulations:

• Prisons, local detention facilities, and juvenile facilities. 
• Employees teleworking from a location of employee’s choice.
• Emergency operations directly involved in the protection of life or property. 
• Incidental heat exposure at or above 82 degrees Fahrenheit and below 95 degrees Fahrenheit for less than 15 minutes in any 60-minute period. This exception does not apply to:
1. Vehicles without effective and functioning air conditioning; or
2. Shipping containers during loading, unloading, or related work.

Takeaways

Employers should review their respective written Injury and Illness Prevention Program Plans (IIPP) to ensure compliance with the new requirements. The required HIPP measures can be integrated into an employer’s written IIPP, written into the outdoor HIPP (if one already exists), or maintained in a separate document.

Separate existing regulations deal with outdoor workplaces, and employers with both indoor and outdoor workspaces should note that they may be subject to both sets of regulations. 

Cal/OSHA provides guidance and resources for heat illness prevention for employers, which can be accessed on the Cal/OSHA website, by clicking here: Indoor Heat Illness Prevention and Frequently Asked Questions. Cal/OSHA also offers a Written Model Program that can be used to help develop a HIPP.

For more information regarding the Section 3396 Standards or Cal/OSHA standards generally, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.