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Cal/OSHA Indoor Heat Illness Prevention Standard in Limbo

04 Apr

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Update Applicable to:Effective date
All employers with indoor places of employment in the state of California.See details below


What happened?

The Cal/OSHA Standards Board adopted the Indoor Heat Illness Rule. However, it was rescinded because of the estimated economic cost of its implementation.


What are the details?

In an unprecedented action, the California Division of Occupational Safety and Health’s board unanimously agreed to move forward with implementing new standards to prevent heat illness for indoor workers:

  • These standards would establish temperature controls in enclosed areas such as warehouses, shipping centers, schools, kitchens, and other work environments that often become excessively hot without air conditioning or in high-temperature conditions.
  • For the details about what would it require employers to do, please read of previous communication here.


However, the Department of Finance withdrew its endorsement of the Standardized Regulatory Impact Assessment (SRIA), a necessary step for any proposed rule with an estimated economic impact of over $50 million, on March 20.

Despite the lack of approval from the Department of Finance, workplace safety officials continued to move forward by unanimously approving the standard the following day.

This has left California employers in a state of legal uncertainty, as approved regulations cannot become law without the Department of Finance’s approval, which was rescinded.

What to expect.


Business Considerations

  •  it is expected that some form of indoor heat standard will be implemented.
  • Familiarize yourself with the proposed rule so that you are ready for compliance before this summer and be proactive in ensuring your policies and practices will comply with the regulations.
  • It is recommended to have cooldown measures, such as hydration stations, and camelbacks, among others.


Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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