Protecting Employees from Summer Heat, Wildfire Smoke Hazards

Heat Illness Prevention Requirements for All Employers

Cal/OSHA’s heat illness prevention regulations apply to all outdoor places of employment when temperatures reach 80 degrees Fahrenheit and effective June 2024, all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present with a few limited exceptions. Though there are some differences between the outdoor and indoor standards, the requirements are very similar. For example, under both standards, employers must:

• Train supervisors to monitor temperatures that might impact their employees, and implement heat illness prevention procedures when appropriate;
• Allow workers to take cooling breaks upon request, and affirmatively encourage workers to take breaks;
• Provide fresh, suitably cool drinking water, free of charge and located as close as practicable to where employees are working; and
• Monitor workers for signs of heat-related illness and provide first aid or emergency medical response when necessary.

Workers must also be provided with access to shaded cooling-off areas for breaks. For outdoor businesses, the cooling-off area must not have any features that might deter its use, such as a distant location, muddy or thorny ground area, or a location next to portable toilets. It must also be large enough for employees to sit comfortably in the shade without touching each other. Indoor businesses must ensure that the break area is below 82 degrees and shielded from the sun.

Additionally, recognizing that employees take time to adjust to working in heat, Cal/OSHA requires that employers more closely monitor new employees during a 14-day “acclimatization” period as well as all employees during a heat wave.

Finally, all businesses are required to implement and maintain a written heat illness prevention plan and train all workers and supervisors on preventative measures and emergency response procedures.

Employers can use HRCalifornia’s Heat Illness Prevention Plan — Outdoor Employees (and Spanish) and Heat Illness Prevention Plan — Indoor Employees (and Spanish).

High Heat Procedures for Outdoor Employers

In addition to the above requirements, Cal/OSHA imposes special obligations on outdoor places of employment during higher temperatures, defined as when the temperature equals or exceeds 95 degrees Fahrenheit. Outdoor places of employment could include agricultural fields, roads or open construction sites, as well as forests, parks and loading docks.

When these businesses face those high temperatures, employers must monitor employees more closely for heat-related illnesses, and ensure that employees have an easy, reliable means of communicating with supervisors in case of an emergency. They must also designate employees to call for help in an emergency, encourage hydration and cooling-off breaks, and hold pre-shift meetings to review high-heat safety standards.

Agricultural employers must also ensure that their workers take a 10-minute cooling off break every two hours when temperatures hit 95 degrees Fahrenheit.

Indoor Heat Illness Prevention

Since July 23, 2024, indoor workplaces have been subject to specific heat illness prevention standards, including indoor-specific assessment and control measures when the temperature is at least 87 degrees Fahrenheit, or 82 degrees Fahrenheit if the employees must wear clothing that restricts heat removal or if they work in a high-radiant heat area.

When those temperatures are reached, employers must measure and record the temperature or heat index, whichever is greater. Employers must take subsequent measurements anytime they reasonably believe the temperature has increased by 10 degrees over the prior measurement.

In addition, employers must take steps to bring the temperature down. This might include the use of air conditioning, fans, cooling mists or shields to block sunlight. If those measures aren’t sufficient to cool the workspace, employers should protect employees by rotating them out of warm areas, allowing more frequent breaks or scheduling work during cooler periods of the day.

If none of the above procedures are possible, employers should provide employees with personal heat-protective equipment, such as cooling vests or heat-reflective clothing.

Wildfire Smoke Exposure Prevention

Many employers in California, particularly those with outdoor workplaces, must comply with Cal/OSHA’s wildfire smoke standards. Exempted businesses include:

• Those that operate in fully indoor spaces with filtered air;
• Firefighters engaged in fighting wildfires; and
• Workers who are only exposed to smoke for less than one hour (cumulative) over the course of a shift.

Similar to the heat standards’ requirements to monitor the temperature, Cal/OSHA’s wildfire smoke regulation requires employers to monitor the air quality. Specifically, employers must take measurements of the Air Quality Index (AQI) for PM 2.5 (particulate matter with an aerodynamic diameter of 2.5 micrometers or smaller) and implement responsive procedures when it is greater than 150, meaning unhealthy conditions exist. Employers can use government websites to check the AQI, such as the federal government’s airnow.gov or California’s Air Resources Board.

When the AQI reaches 150, employers must take action to reduce smoke exposure for their employees. This could mean moving employees indoors or to an outdoor location with better air quality. If the AQI is between 150 and 500, employers must offer employees air respirators, although respirator use becomes mandatory when the AQI is over 500 —except in some emergency operations.

Employers at risk of wildfire smoke exposure should ensure their illness and injury prevention plans (IIPP) include effective wildfire smoke policies, including communication plans for notifying employees of smoke hazards. Finally, employers must train employees on their wildfire smoke-related policies, such as the health hazards of wildfire smoke, the ability to seek medical attention without retaliation and the methods the employer uses to protect employees from the effects of smoke.

Employers Takeaways

During the summer, it’s especially important to protect workers from heat illness and wildfire smoke. Here’s a few tips for employers:

• Early detection is key to preventing severe injury from heat exposure. All employers should train their employees to recognize the symptoms of heat illness, including high body temperature, heat rash, confusion, convulsions and fainting.
• Businesses with only indoor operations may not be aware that they are subject to new heat illness prevention standards to measure temperatures and prevent heat illness. Even if a workplace is fully indoors, an employer must ensure that it has policies and procedures in place to comply with those standards.
• Cal/OSHA says that employers must implement “feasible” controls (such as air conditioning or relocating employees) to reduce heat exposure. The determination of feasibility is fact specific, and depends on factors such as the business’ size, configuration, the nature of the work performed and the heat source. Employers should consult with legal counsel before determining any heat control procedures are infeasible.
• CalChamber’s Employer Requirements Under California’s Wildfire Smoke Regulation white paper offers tips on how employers can reduce smoke exposure.