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 However, it was rescinded because of the estimated economic cost of its implementation.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of legal uncertainty, as approved regulations cannot become law without the Department of Finance’s approval, which was rescinded.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

• DIR Heat Illness Prevention in Indoor Places of Employment
• Heat Illness Prevention Standards Rule 

Source References

• California Workplace Safety Officials Adopt Indoor Heat Illness Rule Despite State Objections – What Employers Should Do During Legal Limbo (Fisher & Phillips LLP.)
• Cal/OSHA Proposes Indoor Heat Illness Prevention Standard (VensureHR)
• Newsom administration delays landmark workplace heat safety rules over cost concerns (Los Angeles Times)
• California workers must wait even longer for indoor heat protections (CalMatters.)

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