After a Long Wait, the Cal/OSHA Standards Board Publishes Its Proposed Heat Illness Prevention Standard

Client Alert

April 2023

By: Jared W. Speier, Adam Bouka

The California Division of Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) has published its proposed indoor heat illness prevention standard.  While there are already heat illness regulations in place for outdoor places of employment, the proposal would apply to indoor places of employment when the temperature equals or exceeds 82 degrees Fahrenheit.

If approved, the proposed standard would require employers to:

  • Establish, implement, and maintain a written heat illness prevention program, which may be part of employer’s injury and illness prevention programs.
  • Provide fresh, cool drinking water free of charge.
  • Maintain cooldown areas.
  • Collect temperature and heat index measurements, and assess prevention program control measures.
  • Develop and implement emergency response procedures for signs and symptoms of heat illness.
  • Closely observe employees during heat acclimatization periods.
  • Provide employee and supervisor training.

Employers are also required to initiate additional preventive measures for heat illness protections when: (1) the temperature equals or exceeds 82 degrees Fahrenheit when employees are present; (2) employees wear clothes that restrict heat removal and temperature equals or exceeds 82 degrees Fahrenheit; or (3) employees work in a high radiant heat area and the temperature equals or exceeds 82 degrees Fahrenheit. Such requirements include the use of instruments to measure heat index in areas where employees are present, and the implementation of various control measures such as engineering controls to reduce the temperature or heat index or both.

The proposed indoor heat illness regulation has entered the forty-five-day comment period and the Cal/OSHA Standards Board will hold a public hearing on the proposed regulation on May 18, 2023. Stradling attorneys will stay on the lookout for any relevant updates. In the meantime, please do not hesitate in reaching out if you have questions or need assistance navigating those issues.