California Indoor Heat Protection Standard Amended

As summer began, a state worker safety board of the California Division of Occupational Safety and Health (Cal/OSHA) amended indoor heat protection rules June 20 in an attempt to win the backing of Gov. Gavin Newsom’s administration.

We’ve gathered articles on the news from SHRM Online and other outlets.

Cost Concerns

The heat protection regulation covers workplaces such as warehouses, schools, and restaurant kitchens in California. When temperatures or the heat index reach 82 degrees Fahrenheit, workers would have a right to water, breaks, and cooling-off areas. Employers also would have to monitor their staff for signs of heat illness. When temperatures or the heat index reach 87 degrees Fahrenheit, employers would need to cool workspaces or adjust tasks to reduce the risk of heat illness. 

The board initially approved the rules in March, but the governor’s administration blocked them over concerns about costs to prisons and other state entities. The amended rules exempt state correctional facilities. 

The amended rules need final approval from the California Office of Administrative Law to take effect. Cal/OSHA Board Chair Joseph M. Alioto Jr. requested that the office expedite that step.

(AP)

Separate Pathway Under Development for Prisons

The standards board said it will work on developing a separate pathway to address the safety of correctional workers. AnaStacia Nicol Wright, a policy manager with the worker rights organization WorkSafe, headquartered in Oakland, Calif., expressed concern that the process could drag out, putting thousands of employees—and prisoners—at risk for another summer or more.

(NPR)

Attempt to Fast-Track the Rules

The rules also would apply to manufacturing plants and any other indoor workplaces that are not exempted and not fully air-conditioned. The board urged the California Office of Administrative Law to fast-track the rules so that they can be in effect by August. Under normal administrative schedules, they would take effect in October, leaving workers unprotected for the duration of the summer.

When the temperature reaches or exceeds 87 degrees Fahrenheit, the proposed rules would mandate that worksites be cooled to 82 degrees or lower, if feasible. In addition, employers would be compelled to adjust workers’ schedules, allow more breaks, slow the rate of production, or rotate workers through assignments. They could also be obligated to provide protective equipment such as cooling vests or personal fans if other steps were insufficient. In workplaces where workers wear restrictive attire or labor near a heat source, the threshold to trigger these requirements is even lower—82 degrees.

(CalMatters)

National Standard in the Works

Last year, the U.S. experienced its hottest summer on record, and this year is expected to reach similar temperatures. The Biden administration has issued a draft advance notice of proposed rulemaking on heat standards—the first step in developing a proposed rule. In addition, the Occupational Safety and Health Administration’s (OSHA’s) three-year National Emphasis Program includes heat hazards during inspections.

On June 11, OSHA sent a proposed standard on indoor and outdoor heat illness prevention to the White House’s Office of Information and Regulatory Affairs for review. The proposal is expected to include temperature levels triggering coverage under the standard, acclimatization protocols that employers must follow for new workers and workers returning from an absence, mandatory breaks, and employee training. 

(SHRM Online and Ogletree Deakins)