On July 23, 2024, California implemented the “Heat Illness Prevention in Indoor Places of Employment” regulation, targeting workplaces with indoor temperatures of 82°F or higher. Employers are now required to create a written Indoor Heat Illness Prevention Plan, customized to their specific workplace conditions. This plan should include procedures for monitoring temperatures, providing water, ensuring access to cool-down areas, acclimatizing employees, and detailing emergency response measures. It must be available in English and any other languages spoken by the majority of employees. Comprehensive training on heat illness prevention is also mandated for all employees.
The regulation introduces two tiers of requirements based on temperature levels. For temperatures of 82°F or higher, basic measures like providing water and cool-down areas are required. For temperatures of 87°F or higher, additional steps such as maintaining temperature records and applying engineering or administrative controls to reduce heat exposure are necessary. Cal/OSHA has published guidance for employers, including a comparison of the outdoor and indoor safety standards, a combined indoor and outdoor heat illness prevention model plan, and an FAQ on the new regulations.
The new regulation includes several notable exceptions. It exempts work locations where employees are exposed to temperatures at or above 82°F and below 95°F for less than 15 minutes within any one-hour period, though this does not apply to vehicles without functioning air conditioning or shipping and intermodal containers. Teleworking situations where the location is chosen by the employee and not under the employer’s control are also exempt. Additionally, the rule does not apply to emergency operations directly involved in the protection of life or property.
Employers need to immediately assess their indoor temperatures and take necessary actions to ensure compliance and protect employees from heat-related illnesses.
Nathanel Ghinghis is an associate attorney with the law firm of Dunn DeSantis Walt & Kendrick. Nathanel focuses his practice on civil litigation, with an emphasis on labor and employment, commercial and business disputes, and product regulatory compliance.
Dunn DeSantis Walt & Kendrick provides a broad spectrum of legal services to businesses of all sizes, from small, local start-ups and non-profits to large, national companies. DDWK’s real estate development and construction practice includes representing all segments of the development and construction industries on both private and public projects.
You can find additional information and resources related to helping business owners and their businesses on the DDWK website.
