It's Getting Hot in Here: OSHA's Heated New Mandates

The Occupational Safety and Health Standards Board approved California Code of Regulations, Title 8, section 3396 titled "Heat Illness Prevention in Indoor Places of Employment" on June 20, 2024.

Section 3396 mandates safety measures in indoor workplaces where the temperature exceeds 82°F to protect workers from heat-related illnesses.

The standard became effective on July 23, 2024.

In California, employers must take steps to protect workers from heat illness in both indoor and outdoor workplaces under California Code of Regulations, Title 8 (T8CCR), sections 3395 and 3396. Employers may be covered under both the indoor and outdoor regulations if they have both indoor and outdoor workplaces.

It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.

LABOR CODE SECTIONS 6310, 6311, AND 6312: LEARN MORE HERE

CALIFORNIA OSHA SECTION 3396: INDOOR PLACES OF EMPLOYMENT

SCOPE AND APPLICATION OF SECTION 3396:

• Application:

  • The new law affects all indoor places of employment where the temperature exceeds 82 degrees

• Exceptions:

  • Teleworking employees

    • Who work from a location of employee's choice that is not under employer's control (i.e. work from home employees)

  • Incidental heat exposure under 15 minutes per hour between 82°F and 95°F is exempt, except for:

    1. Vehicles without effective air conditioning.

    2. Shipping/intermodal containers during loading/unloading.

  • Emergency operations directly involved in the protection of life or property (i.e. firefighters)

  • Prisons

    • This means all facilities that house, treat, employ, train, or discipline people in the legal custody of the Department of Corrections. These facilities include camps, hospitals, and institutions.

  • Local detention facilities

    • This includes any city, county, city and county, or regional facility used for the confinement for more than 24 hours of adults.

  • Juvenile facilities

    • This includes a juvenile hall, camp, or ranch, a regional youth educational facility, a youth correctional center, juvenile regional facility, or any other local or state facility used for the confinement of minors or wards.

• Conditions for Full Compliance: Indoor work areas, including prisons, local detention facilities, and juvenile facilities are subject to the provisions if:

  • Temperature equals or exceeds 87°F when employees are present.

  • Heat index equals or exceeds 87°F when employees are present.

  • Employees wear heat-restricting clothing and temperatures reach 82°F or more.

  • High radiant heat areas where temperatures reach 82°F or more.

• Additional Coverage:

  • Any setting identified by Cal/OSHA through an Order to Take Special Action.

REQUIREMENTS OF SECTION 3396:

• Access to Potable Water

  • Quality of Water:

    • Water should be fresh, pure, suitably cool, free of harmful substances, and provided free of charge.

  • Location of Water:

    • Water should be as close as practicable to work areas.

    • Water should be available in indoor cool-down areas, as required.

  • Quantity of Water:

    • Where water is not continuously supplied (e.g., not plumbed), sufficient water must be provided at the start of the shift.

    • Water must be available in sufficient quantity for each employee to drink one quart per hour throughout the shift.

  • Replenishment Procedures:

    • Employers can begin with smaller amounts if there are effective procedures for replenishing water during the shift to meet the one quart per hour requirement.

  • Encouragement to Drink Water:

    • Frequent consumption of water by employees must be encouraged.

      
      

• Access to Cool-Down Areas

  • Cool-Down Areas Setup:

    • One or more cool-down areas, large enough for all employees to sit comfortably without touching, during rest, recovery, or meal periods.

    • Close to the work site as possible and maintained below 82°F indoors unless infeasible.

  • Employee Access:

    • Employees must be allowed and encouraged to take preventative cool-down rests whenever they feel the need to avoid overheating.

    • During these rests, employees:

      • Should be monitored for heat illness symptoms.

      • Encouraged to remain in the cool-down area.

      • Cannot be ordered back to work until symptoms have subsided, and they must rest for at least five minutes in addition to the time needed to access the area.

  • Responding to Heat Illness: If an employee shows signs of heat illness during a rest, the employer must provide first aid or an emergency response.

• Assessment and Control Measures

  • Maintain Temperature and Heat Index Measurement:

    • Measure and record the temperature and heat index, keeping records with date, time, and location.

    • Initial measurements should be taken when conditions suggest heat illness risks and throughout the shift, especially when conditions change by 10°F or more.

    • Maintain records for at least 12 months or until new measurements are taken.

    • Instruments must be used and maintained as per manufacturer guidelines.

  • Encourage Employee Involvement:

    • Engage employees and union representatives in planning and recording temperature measurements and evaluating environmental risk factors.

  • Maintain Control Measures:

    • Engineering Controls: Reduce temperature and heat index to below 87°F (or 82°F for restrictive clothing or high radiant heat) where feasible. If not feasible, reduce to the lowest possible level and otherwise minimize heat illness risks.

    • Administrative Controls: Implement if engineering controls are insufficient. Aim to minimize heat illness risks where feasible.

    • Personal Protective Equipment: Use if engineering and administrative controls are insufficient, ensuring it is feasible and effective.

  • Exceptions:

    • Assumption of conditions from subsection (a)(2) can be used instead of direct measurement in some cases.

    • Vehicles with effective air conditioning are exempt.

• Emergency Response Procedures

  • Communication: Maintain reliable communication for employees to contact supervisors or emergency medical services. This may involve electronic devices if reception is reliable, or alternative methods if not.

  • Heat Illness Response:

    • Observation and Action: Supervisors must act immediately if signs of heat illness are observed or reported, based on the severity.

      • Severe Illness: For severe symptoms (e.g., confusion, vomiting), follow emergency procedures.

      • Monitoring: Employees showing heat illness symptoms must be monitored and provided first aid or emergency medical services as needed.

    • Emergency Medical Services: Contact emergency services and ensure proper transport for employees if necessary.

    • Directions for Emergency Responders: Provide clear directions to the worksite to emergency responders during an emergency.

• Acclimatization

  • During a heat wave, employees must be closely monitored by a supervisor or designee if there are no effective engineering controls to manage indoor heat.

  • New employees should be observed closely for the first 14 days if they work in:

    • Areas where the temperature or heat index is 87°F or higher.

    • Areas where the temperature is 82°F or higher and employees wear heat-restrictive clothing.

    • High radiant heat areas where the temperature is 82°F or higher.

  
  

• Training for Employees and Supervisors

  • Employee Training:

    • Risk Factors: 

      • Understand environmental and personal factors contributing to heat illness, including the impact of exertion, clothing, and protective gear.

    • Employer Procedures: 

      • Learn the employer's responsibilities, such as providing water, cool-down areas, and first aid, and employees' rights to report issues without retaliation.

    • Hydration: 

      • Emphasize drinking small amounts of water frequently, up to four cups per hour in hot conditions.

    • Acclimatization: 

      • Understand the importance and methods of acclimatization.

    • Heat Illness: 

      • Recognize different types of heat illness, their symptoms, and appropriate responses. Heat illness can escalate quickly.

    • Reporting Symptoms: 

      • Employees must report symptoms of heat illness in themselves or others.

    • Emergency Response: 

      • Know the procedures for responding to heat illness, including contacting emergency medical services and providing clear directions to the worksite.

    • Emergency Procedures: 

      • Designate a person to handle emergency procedures and ensure clear communication with emergency responders.

  • Supervisor Training:

    • Employee Training Information: 

      • Be familiar with the training required for employees.

    • Implementation Procedures: 

      • Understand how to implement the heat illness prevention measures.

    • Emergency Response: 

      • Follow procedures for addressing employees with heat illness symptoms, including emergency responses.

    • Weather Monitoring: 

      • Monitor weather reports and respond to hot weather advisories.

  
  

• Heat Illness Prevention Plan

  • Written in both English and primary language of most employees.

  • This plan should be accessible at the worksite and available to Division representatives upon request. It can be part of the broader Injury and Illness Prevention Program or a separate Heat Illness Prevention Plan.

    • The plan must include:

      1. Water Provision: Procedures for providing water.

      2. Cool-Down Areas: Procedures for accessing cool-down areas.

      3. Temperature and Risk Measurement: Procedures for measuring temperature and heat index, evaluating environmental risk factors, and implementing control measures.

      4. Emergency Response: Procedures for responding to heat illness emergencies.

      5. Acclimatization: Procedures for acclimatizing employees.