An indoor heat rule is coming, but you can cool down now
A proposed rule to protect U.S. workers from the significant health risks of extreme indoor heat is taking shape. To date, a handful of states have issued heat protections of their own, most recently California. As the nation moves closer to a federal indoor heat illness regulation, employers should act now.
Basic elements of a heat illness prevention program
In an effort to ensure worker safety when working in extreme indoor heat, employers should develop their own heat illness prevention plan with the intent of accomplishing these goals:
- Ensuring work is carried out under the best possible conditions,
- Establishing uniform requirements to ensure expectations are communicated and understood by workers, and
- Ensuring procedures are in place to safeguard the health of all workers.
For the states that have established indoor heat standards, the initial heat trigger threshold is between 77 and 86 degrees Fahrenheit. The common provisions they have adopted include:
- Access to water,
- Shade or cool-down means,
- Rest breaks if needed,
- Work-rest schedule,
- Emergency response,
- Acclimatization,
- Pre-shift meetings,
- Training,
- Heat Illness Prevention Plan, and
- Observation/supervision.
Federal OSHA’s proposed heat injury and illness prevention rule
The proposed standard would apply to all employers conducting indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The goal of this rule would be to help protect approximately 36 million workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses, and deaths in the workplace.
If passed, the rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. It would also require, among other things, the following:
- Evaluating heat risks;
- Implementing requirements for drinking water, rest breaks, and control of indoor heat;
- Protecting new or returning workers unaccustomed to working in high heat conditions;
- Providing effective training;
- Having procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness; and
- Taking immediate action to help a worker experiencing signs and symptoms of a heat emergency.
Cal/OSHA’s heat illness prevention rule
California Code of Regulations, Title 8, Section 3396 was approved by the Occupational Safety and Health Standards Board and went into effect July 23, 2024. This standard establishes safety measures meant to prevent indoor workplaces from exposing workers to heat illness risks.
When the indoor temperature is greater than 82 degrees Fahrenheit, employers must take certain steps to protect their workers, which include, but aren’t limited to:
- Having free access to fresh and clean, suitably cool potable water;
- Allowing and encouraging cool-down rest periods;
- Providing at least one cool-down area that is kept below 82 degrees Fahrenheit;
- Providing effective training to both workers and supervisors; and
- Establishing an effective Heat Illness Prevention Plan.
When the indoor temperature reaches 87 degrees Fahrenheit, additional requirements take effect, including:
- Using engineering controls to cool down the work area,
- Implementing administrative controls such as work-rest schedules, and
- Providing personal heat-protective equipment.
Key to remember: Employers don’t have to wait for a federal indoor heat illness rule before they act. They can glean already established information and create their own heat illness prevention program.
