Super Hot News: Cal/OSHA's Indoor Heat Illness Prevention Rule is Here and Knocking Down your Door!
Hey California employers! Buckle up because we’ve got some scorching hot news for you. After what feels like a marathon of delays, twists, and turns, the California Division of Occupational Safety and Health (Cal/OSHA) has put its indoor heat illness prevention rule into effect as of July 24, 2024. That’s right, it’s here, and it’s happening right now! Do you need help with this? If so please message me!
The Long Road to Regulation
This rule’s journey began way back in 2016 when the California Labor Code section 6720 demanded Cal/OSHA propose an indoor heat regulation by January 1, 2019. But, like any good drama, the road was rocky. Slow progress, pandemic delays, and bureaucratic hurdles turned this into a real cliffhanger.
Fast forward to March 31, 2023, when a notice of rulemaking was finally issued. The excitement peaked on March 21, 2024, when the Standards Board got their hands on the proposed final rule. But hold your horses! The fiscal impact hadn’t been fully analyzed, and the California Department of Finance threw a wrench in the works. Still, the Standards Board, standing tall with labor, “adopted” the rule anyway.
Drama on June 20, 2024
Just when you thought the drama was over, a revised version of the rule (excluding correctional and detention facilities) made its grand appearance on June 20, 2024. This time, it sailed through with unanimous approval. The Standards Board even asked the Office of Administrative Law (OAL) to fast-track the rule, making it effective immediately upon filing.
Surprise! It’s Effective Now!
On July 24, 2024, the big news dropped: OAL had approved the rule and granted the request to make it effective immediately. Cue the scramble! Employers across the state are now hustling to figure out if they’re covered and what they need to do to comply.
Who’s in the Hot Seat?
So, who’s covered? With a few exceptions, if your employees are working indoors and it’s 82 degrees Fahrenheit or hotter, you’re on the list. Exceptions include incidental heat exposures, teleworking employees, and emergency operations directly involved in the protection of life or property.
What’s Cooking in the Regulation?
The regulation’s requirements heat up based on workplace conditions. When the indoor temp hits 82 degrees, you’ll need to whip up a written heat illness prevention plan, including:
Procedures for providing water
Cool-down area access
Encouraging cool-down breaks
Acclimatizing new or returning employees to the heat
Training for all employees on heat illness prevention
And if it gets hotter—87 degrees or more, or a heat index of 87 degrees—additional requirements kick in. Think temperature monitoring, employee involvement in measuring and evaluating environmental risks, and implementing engineering or administrative controls to cool things down.
Next Steps: Don’t Get Burned!
First things first, determine if you’re covered by the new rule. This might be a bit tricky without historical data or the right equipment. If you are covered, you’ll need to act fast. Develop and implement your plan, invest in engineering controls (like air conditioning), and get your team trained and ready.
Heat illness is no joke—it can progress quickly and affects everyone differently. This regulation requires employers to play a critical role in identifying signs and symptoms and responding appropriately.
So, stay cool, California employers! It’s time to turn down the heat and turn up the safety. If you need help we are here for you. Just reach out we are a phone call away.