Author: Slater Jackson
The Office of Administrative Law (OAL) has approved (Title 8 CCR) §3396: Heat Illness Prevention in Indoor Places of Employment, a new California Division of Occupational Safety and Health (Cal/OSHA) workplace safety regulation that protects workers from indoor heat-related illnesses.1 This new regulation, which went into effect on July 23, 2024, applies to all indoor places of employment that are at least 82 degrees Fahrenheit when employees are present. This regulation requires California Employers to implement a Heat Illness Prevention Plan (HIPP)
For outdoor heat illness prevention, see (Title 8 CCR) §3395.2
Exceptions to §3396
- Employees who telework from a location outside of the control of the employer
- Emergency operations involved in the protection of life and property
- Prisons, local detention facilities, and juvenile facilities defined by section 805 of the Welfare and institutions Code
- Employees who are exposed to temperatures above 82 degrees Fahrenheit and below 95 degrees Fahrenheit for less than 15 minutes in a 60-minute period. This rule doesn't apply to:
- Vehicles without effective and function air conditioning
- Shipping or intermodal containers during loading, unloading or related work
Key takeaways of §3396
- §3396 applies to most California employers. Exceptions exist but have limited application.
- The plan can be implemented into the employers Injury and Illness Prevention Plan (IIPP) or an already existing Heat Illness Prevention Plan, or can be a stand-alone document.
- The employer shall take initial temperature and heat index measurements when it's reasonable to suspect the area of the workplace meets or exceeds 82 degrees Fahrenheit, and when it's suspected that the temperature or heat index will increase by at least 10 degrees during a work shift.
- "Indoor" is defined as a space that's under a ceiling or overhead covering that restricts airflow and is enclosed along its entire perimeter by walls, doors, windows, dividers or other physical barriers that restrict airflow, whether open or closed.
- "Cool-down areas" are defined as indoor or outdoor areas that are blocked from direct sunlight and shielded from sources of high radiant heat.
- The regulation requires a period of acclimatization. It specifies that a new or returning employee assigned to a job that poses the risk of heat illness (as defined in the regulation) shall be monitored closely by a supervisor or designee for the first 14 days of assignment.
- During a heat wave, when no engineering controls are present, a supervisor or designee shall closely observe all employees.
Temperature-specific requirements
When the temperature or heat index meets or exceeds 82 degrees Fahrenheit, the employer must provide:
- Access to cool and clean water
- Unrestricted access to cool-down areas
- Cool-down rest periods
When the temperature or heat index meets or exceeds 87 degrees Fahrenheit, the employer must assess and implement control measures that reduce the temperature or heat index below 87 degrees Fahrenheit, using the following methods, within reason, in this order.
- Engineering controls, including but not limited to:
- Air condition units
- Cooling fans
- Portable water coolers
- Adjusted shift schedules
- Isolated ventilation
- When engineering controls aren't feasible, use administrative controls that include but aren't limited to:
- Acclimatizing employees
- Rotating employees
- Scheduling work earlier or later in the day
- Using work/rest schedules
- Reducing work intensity or speed
- Reducing work hours
- Changing required work clothing
- Using relief workers
- When engineering and administrative controls aren't feasible, use personal heat-protective equipment that includes but isn't limited to:
- Water-cooled garments
- Air-cooled garments
- Cooling vests
- Wetted-over garments
- Heat reflective clothing
- Supplied-air personal cooling systems
Written program requirements
The following topics must be included in the plan:
- Responsibility
- Provision of water
- Access to cool-down areas
- Temperature assessment
- Control measures
- Acclimatization
- Emergency response
- Handling a sick worker
- Training
- Recordkeeping
Training requirements
Supervisory and non-supervisory employees must receive training before anticipated risk of heat illness occurs.
Training for supervisors
- How to check weather reports and how to respond to hot weather advisories where a workplace could be affected
- Procedures for implementing provisions and controls outlined in the HIPP
- The procedures to follow when an employee exhibits signs or reports symptoms of heat illness, including providing the affected employee with first aid or emergency medical services
- In an emergency, clear and concise directions to the worksite can be provided to emergency responders. This includes being available when emergency procedures are requested, when appropriate.
Training for non-supervisory employees
- Environmental, personal risk factors and the burden of the heat load on the body
- Employer procedures that include locations of water and cool-down areas, cool-down rests, control measures implemented and access to first aid
- Importance of frequently drinking small quantities of water during strenuous work activities
- The concept and importance of acclimatization
- Common signs and symptoms of heat illness
- How to report symptoms of heat illness to a supervisor or coworker
- The employer's procedures for responding to signs and symptoms of possible heat illness, including coordination of first aid and emergency medical services, if necessary
Next steps
We anticipate that these new requirements will impact most employers. Gallagher's National Risk Control team can guide you in developing the right HIPP to help your organization face the future with confidence. For more information, please reach out to your broker or assigned risk control consultant.
