California is poised to implement the state’s first regulations to protect indoor workers from high heat, potentially going into effect later this summer.
On Thursday, a standards board at the California Division of Occupational Safety and Health (Cal/OSHA) approved the new workplace rules. These rules are now awaiting final review by the state’s Office of Administrative Law. If approved, the standards could be enacted by early August.
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Initially intended to be implemented in 2019, the heat regulation has been delayed for five years. Once in place, it will safeguard approximately 1.4 million indoor workers, including those in warehouses, food processing, factories, and other environments, from hazardous heat conditions.
Employers will be required to monitor their employees for heat-related illnesses and ensure access to drinks, breaks, and cool areas when indoor temperatures reach 82 degrees Fahrenheit. At 87 degrees, additional measures such as more frequent breaks, altered schedules, reduced work pace, or cooling devices must be provided.
With these rules, California will join Oregon and Minnesota as the only states with protections for indoor workers against excessive heat. In 2006, California established regulations for outdoor workers in sectors like construction and agriculture.
Meanwhile, new state laws in Texas and Florida have restricted local governments from enacting their own heat protection measures, such as mandating breaks for water or shade.
Worker advocacy groups have been pushing for national heat standards for both indoor and outdoor workers, but the federal Occupational Safety and Health Administration has not yet formalized any such rules.
Supporters of these regulations argue that they are increasingly necessary due to more frequent and intense heatwaves caused by climate change.
AnaStacia Nicol Wright, staff manager at WorkSafe, a nonprofit in Oakland, California, advocating for workers’ rights, stated, “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. Currently, officers and workers in state and county prisons are excluded. In March, Governor Gavin Newsom’s administration opposed the cost of enforcing these rules within the California Department of Corrections and Rehabilitation, leading to their exclusion.
Some worker advocacy groups believe California’s temperature thresholds are still too high.
Tim Shadix, legal head at the Warehouse Worker Resource Center in Ontario, California, noted, “The risk of heat illness depends on both temperature and humidity, as well as the intensity of the work. Even in the upper 70s, lifting heavy boxes for eight or ten hours a day in a warehouse can cause heat illness.”
Shadix also anticipates that other states will follow California’s example in establishing similar rules.
“With rising summer temperatures caused by climate change, the problem is only getting worse,” he said. “It’s crucial to see progress and have models to encourage other states to follow suit. I also believe it gives momentum at the federal level, which is very important to protect workers nationwide.”
Heat is the deadliest form of severe weather in the US. According to the U.S. Bureau of Labor Statistics, heat exposure resulted in 43 work-related deaths in 2022, up from 36 in 2021.
Robert Moutrie, a senior policy advocate with the California Chamber of Commerce, mentioned that businesses in the state are “shifting into compliance mode.” He highlighted that food-related businesses, particularly restaurants, will bear significant responsibility due to the naturally hot and confined environments of kitchens.
Moutrie also pointed out that small businesses are especially concerned about meeting the new requirements within just two months.
“That’s not a lot of time to change internal operations, train staff, and consult with legal advisors,” he said. “All of those things need time and money.”
Cal/OSHA indicated that it will propose industry-specific regulations for local and state correctional facilities, considering the unique operational realities of these workplaces, but did not provide a timeline.
Wright expressed disappointment that the regulations do not apply to the tens of thousands of prison workers.
“That’s a significant part of the workforce,” she said. “Heat affects both workers and inmates. Many prisons lack central air conditioning, so ensuring safe working conditions for prison workers would also benefit the inmates.”
Source: NBC
