Shade must be present when the temperature exceeds 80 F.1

• Cal/OSHA recommends that employers monitor predicted weather temperatures in advance to know when the temperature will probably exceed 80° F.

While employees are present, you must provide and maintain one or more shaded areas at all times that must be open to the air or ventilated or cooled by other safe means.

Any shade provided by the employer must “not deter or discourage use.” According to Cal/OSHA guidance, this means that workers should not encounter obstacles, hazards or unreasonably unpleasant conditions while moving toward or resting in the shade.

Examples from Cal/OSHA:

• Employees should not have to cross traffic to reach the shade.
• Shade should not be located next to portable toilets.
• Shade should not be located where employees would sit on wet/muddy ground or come into contact with branches, brush and thorns.

In the indoor context, covered employers must maintain and provide access to "cool-down areas." Cal/OSHA guidance states that a cool-down area means an indoor or outdoor area that's blocked from direct sunlight, shielded from other high-radiant-heat sources and is either open to the air or provided with ventilation or cooling. Sunlight blockage is sufficient when objects don't cast a shadow in the area. The temperature of cool-down areas must be maintained at less than 82 F, unless the employer demonstrates it is infeasible.

Both outdoor and indoor standards address the size and locations of their respective cooling areas. Shade for outdoor workers and cool-down areas for indoor workers must be located as close as practicable to the areas where employees are working. The amount of shade or the size of the cool-down area must be enough to accommodate the number of employees on recovery or rest periods and those taking onsite meal breaks. Employees must be able to sit in a normal posture fully in the shade and cool-down areas without physically touching other employees.

According to Cal/OSHA guidance, employers can rotate breaks and meal periods but must still comply with requirements relating to timing of meal and rest periods. For more information, see Meal and Rest Break.

For outdoor workers, when the outdoor work area's temperature does not exceed 80° F, you must either provide shade as described in the preceding paragraphs or provide timely access to shade upon an employee's request.

Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

Preventative Cool-Down Rest

Employees under both the outdoor and indoor standards, must be allowed and encouraged to take a preventative cool-down rest in the shade or cool-down area when they feel the need to do so to protect themselves from overheating.2 Such access to shade and cool-down areas must be permitted at all times.

A worker who takes a preventative cool down rest:

• Must be monitored and asked if they’re experiencing heat illness symptoms;
• Must be encouraged to remain in the shade or cool-down area; and
• Must not be ordered back to work until all signs or symptoms have abated, but never less than five minutes plus the time needed to access the shade or cool-down area.

Cal/OSHA guidelines state that the employee should be asked during the cool-down rest if they are experiencing any heat illness symptoms, including simple fatigue. If any signs or symptoms are observed or reported, the employer cannot order the employee back to work and must “continuously observe” the employee until the signs or symptoms have abated.

If an employee exhibits signs or reports heat illness symptoms during the rest, the employer is required to provide first aid or emergency response.3

• According to Cal/OSHA's guidance, first aid should be initiated without delay, since early symptoms can rapidly progress to more serious illness. If heat illness is suspected, employers should immediately contact emergency medical personnel.

The regulations neither limit how often a preventative cool-down rest can be taken nor specify any grounds for denying an employee the right to take such a preventative cool-down rest.

In addition, the Labor Code, which provides that an employer cannot require an employee to work during a meal or rest period, also prohibits an employer from requiring employees to work during any “recovery period mandated by law or regulation or order from Cal/OSHA.”4

Under the Labor Code, a “recovery period” is defined as a “cooldown period afforded an employee to prevent heat illness.” Recovery periods must be counted as hours worked and are paid periods for which there cannot be any deduction from wages.

An employer who requires an employee to work during a recovery period must pay one hour of premium pay for each day that the recovery period is not provided. For more information on the premium pay requirements, see Premium Pay for Meal and/or Rest Break Violation.

Because the preventative cool-down rest can be taken on an “as-needed” basis, compliance challenges exist for employers. Unlike meal and rest breaks, there are no set time periods for when these breaks must be provided. Instead, the employee decides when the cool-down rest is needed to protect themself from overheating, and, if needed, the preventative cool-down rests must be provided throughout the day.

There are also separate requirements for “preventative cool down rest periods” that apply to high-heat procedures for employers in the agricultural industry. For more information, see Implementing High-Heat Procedures.

1. 8 CCR secs. 3395(d), 3396(d)