By Bernie Olshansky and Ilana R. Morady
Seyfarth Synopsis: As the mercury rises, California employers must comply with regulatory requirements to keep their employees cool. Employers should be aware of Cal/OSHA’s existing requirements for outdoor workplaces and proposed rules which could turn up the heat on indoor employers.
California Keeps It Cool
For many years, Cal/OSHA has distinguished itself from Federal OSHA by, among other things, requiring all California employers with outdoor work areas to take steps to prevent heat illness. For example, employers with outdoor work areas must train all employees about heat illness protection and keep their employees well hydrated. Employers must also provide shady areas for five minute cool-down breaks when employees feel the heat. (These breaks are on the clock and separate from rest breaks employers need to provide under the Labor Code). Finally, employers must develop and implement written procedures for complying with the heat illness regulatory requirements. The regulation is contained in 8 CCR 3395.
Proposed Rules May Put Indoor Employers in the Hot Seat
Now, Cal/OSHA has a proposed an indoor heat illness standard that’s making its way through the rule-making process. The final draft of these proposed rules would impose a number of requirements when it’s a good day to head to the beach—and indoor temperatures equal or exceed 82 degrees Fahrenheit.
For indoor work areas that can’t beat the heat, employers would need to provide:
- Cool-down areas that are blocked from direct sunlight and radiant heat sources (e.g. the sun, a fire pit, or an overzealous espresso machine) and that are either open-air or ventilated. Employees would need to have access to cool-down areas at all times and employers would be required to encourage employees to take breaks to chill out.
- Drinking water.
- Emergency response procedures.
- Close observation of employees under certain circumstances.
- Training on heat illness related topics.
- A written heat illness prevention plan.
Additional requirements would apply to employers that have employees working under hotter conditions, namely: if employees wear clothes that restrict heat removal (like waterproof or biohazard gear), employees work in or near radiant heat, or the thermostat hits 87 degrees. In these cases, employers would need to:
- Keep records of temperatures and evaluate environmental risk factors for heat.
- Use engineering control measures (e.g. air conditioning) to minimize the risk of heat illness. If the temperature cannot be reduced to 87 degrees F (or 82 degrees F in some cases), employers would need to implement administrative controls and provide personal heat protective equipment.
Workplace Solutions: As summer heats up, employers must comply with existing California heat regulations. Seyfarth’s Workplace Safety and Health Group can help you check the forecast for future regulations.
Edited by: Elizabeth Levy