Effective July 23, 2024, California expanded its workplace safety requirements by updating the California Code of Regulations, Title 8, sections 3395 and 3396, which govern heat illness prevention in both outdoor and indoor work environments. These regulations require employers to implement specific measures to protect employees from heat-related illness, with tailored standards depending on the nature of the workplace. Employers with mixed environments—those that include both indoor and outdoor settings—may be required to comply with both sets of rules.
In California, employers must take steps to protect workers from heat illness in both indoor and outdoor workplaces under Title 8, sections 3395 and 3396. Employers may be subject to both sets of regulations if they operate in mixed environments.
For outdoor workplaces, employers must maintain an effective Heat Illness Prevention Plan that is accessible at the worksite and written in English and in the language understood by the majority of employees. The plan must include procedures for:
- Providing sufficient water and access to shade
- Implementing high heat procedures when necessary
- Emergency response
- Acclimatization for new and returning workers
When outdoor temperatures exceed 80°F, employers are required to provide access to shade and ventilation or cooling. At 95°F or higher, employers in certain industries must activate high heat protocols, which include more frequent monitoring and rest breaks. Employees must also be allowed and encouraged to take preventative cool-down rest periods in the shade.
For indoor workplaces, employers must take action when indoor temperatures exceed 82°F. When the temperature or heat index reaches 87°F—or 82°F in work settings where employees wear clothing that restricts heat removal or are exposed to high-radiant-heat areas—employers are required to measure and record the greater of the two. Feasible engineering controls must be implemented as the first line of defense to keep workers safe.
Additionally, for indoor workplaces impacted by outdoor temperatures, employers should ensure that supervisors are trained to monitor weather reports and respond appropriately to hot weather advisories. While full implementation of some provisions may vary, employers should actively track developments and evaluate their heat safety practices in anticipation of continued regulatory updates.
California employers are required to provide cooldown periods to prevent heat-related illness. If an employer fails to provide these periods, or if an employee is required to work during a cooldown period, the employer must compensate the employee with one additional hour of pay at their regular rate for each workday the cooldown period was not provided.
Requirements may vary depending on the specific industry, working conditions, and job functions, so employers should regularly review their policies and training procedures to ensure compliance.
Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.
