Cal/OSHA recently released a discussion draft proposing major amendments to its heat illness prevention standards under Assembly Bill (AB) 2243, affecting both outdoor workplaces (Title 8, Section 3395) and indoor workplaces (Section 3396).
If adopted, these changes would expand employer obligations. The most impactful change is the elimination of the industry-specific exemption for high-heat procedures. Currently, only employers in agriculture, construction, landscaping, oil and gas extraction, and certain transportation and delivery operations must comply with subsection (e)’s high-heat requirements when temperatures hit 95 degrees Fahrenheit.
Under the proposed rule, every outdoor employer would be subject to high-heat procedures regardless of industry.
Acclimatization Revisions
The draft reworks the acclimatization framework. The close-observation requirement now extends beyond newly assigned employees to include workers returning after an absence of more than 14 days.
Employers must choose between two compliance approaches during the 14-day observation period: daily pre-shift meetings covering acclimatization procedures, hydration, and emergency protocols, or a graduated exposure schedule that limits a new employee’s heat exposure to 20% on day one, ramping up to 80% by day four (returning employees start at 50%).
Law enforcement, firefighting, and emergency response personnel must use the graduated exposure approach when their new or returning employees participate in high-intensity training. There is an exception where employers can demonstrate the employee already worked under similar conditions for the prior 14 days.
Prevention Plans and Wearable Technology
Under the proposed changes, employers would be required to distribute the plan to new hires, during training, and to all employees at least annually. An online posting in English that is in an easily translated format is permitted as an alternative to physical distribution.
The regulations would authorize Cal/OSHA to require employers to deploy wearable technology that monitors workers’ physiological responses to heat stress as part of an Order to Take Special Action. Any such order would require employers to keep health data secure and prohibit its use for discriminatory purposes.
These proposed changes remain in discussion draft form, but employers should consider now a good time to review their heat injury and illness plans and procedures.
If you have questions about California heat injury and illness requirements or related issues, contact a Jackson Lewis attorney to discuss.