California is set to introduce its first regulations to protect indoor workers from high heat, expected to take effect later this summer.
The standards board at the California Division of Occupational Safety and Health (Cal/OSHA) approved the new workplace rules on Thursday. These will now be sent to the state’s Office of Administrative Law for a final review, potentially becoming effective by early August.
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- 6 Concerns About Excluded Workers
Delays and Scope of the Heat Rule
Originally intended for 2019, the heat rule has faced delays for five years. Once enacted, it will safeguard around 1.4 million indoor workers, including those in warehouses, food production, and factories, from hazardous heat conditions.
Employers will need to monitor workers for heat-related illnesses and provide drinks, breaks, and cool areas when temperatures reach 82 degrees Fahrenheit. If temperatures rise to 87 degrees, additional measures such as more frequent breaks, schedule adjustments, work pace reduction, or cooling devices will be required.
California will soon join Oregon and Minnesota in protecting indoor workers from excessive heat. The state previously implemented outdoor heat regulations in 2006 for industries like construction and agriculture.
In contrast, recent laws in Texas and Florida have restricted local governments from enacting heat protection measures, such as mandatory breaks for water and shade.
Advocates have pushed for nationwide heat standards for all workers, but the Occupational Health and Safety Administration (OSHA) has yet to establish official regulations. Proponents argue that climate change is intensifying heat waves, making such rules essential.
AnaStacia Nicol Wright, a staff manager at WorkSafe, a nonprofit in Oakland, California, emphasized the importance of these measures, stating, “This is a huge deal. These safety measures must be put in place right away for workers.”
However, the new rules will not cover all indoor workers. Prison staff and officers are excluded due to cost concerns raised by Gov. Gavin Newsom’s administration regarding the California Department of Corrections and Rehabilitation.
Worker advocates believe California’s temperature limits may still be too high. Tim Shadix, legal head at the Warehouse Worker Resource Center in Ontario, California, highlighted the risks, stating, “The risk of heat illness depends on both temperature and humidity, as well as how hard you work. Even in the upper 70s, if you work in a warehouse and lift heavy boxes for eight or ten hours a day, you could get heat illness.”
Hope for Broader Adoption and Federal Momentum
Shadix hopes other states will adopt similar regulations, noting, “With rising summer temperatures caused by climate change, the problem is only getting worse. It’s very important to see progress and have more models to encourage other states to follow suit. I also believe it gives the federal level momentum, which is very important because we need to protect workers all over the country.”
Heat is the deadliest weather-related hazard in the U.S., with 43 work-related heat deaths in 2022, up from 36 in 2021, according to the U.S. Bureau of Labor Statistics.
Robert Moutrie, a senior policy advocate with the California Chamber of Commerce, stated that businesses are preparing to comply with the new rules. He noted that food-related businesses, such as restaurants, will face significant challenges due to naturally hot kitchen environments. Small businesses are particularly concerned about how to meet these regulations when they take effect in two months.
He said, “That’s not a lot of time to change how you do things internally, train your staff, and talk to your lawyers about it.” “All of those things need time and money.”
Cal/OSHA said in a statement that it will “move forward with proposing an industry-specific regulation for local and state correctional facilities, taking into account the unique operational realities of these worksites” for people who work in California’s jails and prisons. However, it did not give an exact date.
Concerns About Excluded Workers
Wright was upset that the rules didn’t apply to the tens of thousands of people who work in prisons.
“That’s a huge part of the workforce,” she said. “But heat is a problem for both workers and people who don’t work. Many jails don’t have central air conditioning, so if they were forced to do certain things to make sure that workers inside prisons could work safely, that would also help people who are in jail.
Source: NBC News
