Audit, Compliance and Risk Blog

This summer has again brought record-breaking heat to parts of North America. Outdoor work in the summer sun can lead to heat illness, as can indoor work in spaces that aren’t sufficiently insulated or cooled. Since 2005, California's Division of Occupational Safety and Health (Cal/OSHA) administers detailed regulatory requirements for outdoor workplaces; other jurisdictions have since adopted similar requirements (I wrote about these HERE). Indoor workplaces have been considered, too (the federal Occupational Safety and Health Administration (OSHA) initiated a National Emphasis Program for both outdoor and indoor workplaces in 2021, which I wrote about HERE). On July 23, 2024, California adopted new requirements governing indoor workplaces (8 California Code of Regulations (CCR) 3396), which I discuss in the rest of this note.

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This summer is again bringing record-breaking heat to parts of North America. It's time to remember that outdoor work in the summer sun can lead to heat illness, as can indoor work in spaces that aren’t sufficiently insulated or cooled. It’s also time to consider the possible impacts of local or regional wildfires on workplace air quality. Washington state provides useful benchmarks for these considerations, through rules administered every summer by the Department of Labor & Industries’ (L&I’s) Division of Occupational Safety and Health. The remainder of this note summarizes those requirements.

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On April 8, 2022, the US federal Occupational Safety and Health Administration (OSHA) established a National Emphasis Program (NEP) to focus enforcement resources on “Outdoor and Indoor Heat-Related Hazards.” The NEP is OSHA’s latest step to manage and reduce heat illness in workplaces. Earlier actions include “Inspection Guidance for Heat-Related Hazards” on September 1, 2021 (I wrote about it HERE), and an “advanced notice of proposed rulemaking (ANPRM)” on these topics issued on October 27, 2021 (which I wrote about HERE). The remainder of this note summarizes the NEP.

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In September 2021, the US federal Occupational Safety and Health Administration (OSHA) announced its first steps toward nationwide enhancement of efforts to protect workers from heat illness. The effort will cover both outdoor work in the sun and ambient heat, and indoor work in hot areas or heat-retaining clothing and equipment. OSHA’s first step was to release new “Inspection Guidance for Heat-Related Hazards” on September 1. The remainder of this note discusses this policy, and identifies additional context that clarifies ambiguous points.

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Summer has arrived, bringing record-breaking heat to parts of North America. It's time to remember that outdoor work in the summer sun can lead to heat illness, as can indoor work in spaces that aren’t sufficiently insulated or cooled.

In the United States, the federal Occupational Safety and Health Administration (OSHA) and most state OSH programs provide guidance to employers and their workers. California's Division of Occupational Safety and Health (Cal/OSHA) administers detailed regulatory requirements for outdoor first promulgated in 2005, and Washington has enforced state-level rules since 2007. Canadian occupational health and safety agencies also recognize “thermal stress” as a workplace hazard, with attention to both heat and cold. California has been working on standards for indoor workplaces since 2017.

If you have outdoor workers in California you must comply with the following requirements, while if you're anywhere else you should at least consider them. 

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