Seyfarth Synopsis: On May 7, 2025, Cal/Osha released a draft for revising the regulations for prevention outdoors and in the interior clearing (8 CCR sections 3395 and 3396) to implement the requirements from 2243, signed by the governor Newsom after the legislative session 2021-22. These proposed changes change how employers react to heating drives and have to introduce new requirements for acclimatization, training and planning distribution. Public comments are due until July 7, 2025.
background
The assembly account 2243 was signed in the law in 2022 and directed Cal/Osha to strengthen the protection for outdoor workers that are exposed to heat and forest fire. From 2243, an “Ultrahoigh Heat” standard originally proposed, but was ultimately revised to concentrate on two main goals for the heat outdoors:
- Request that CAL/OSHA takes up updates in connection with the acclimatization and distribution of the HIPPS prevention plans (heat diseases).
- Update of the forest fire protection for agricultural workers, especially for the AQI threshold for mandatory breathing protection. Cal/Osha has not yet proposed design changes.
The proposed regulation on May 7, 2025 reflects the efforts of Cal/Osha to fulfill and exceed the first mandate of the law and to exceed: Update of the prevention of heat sickness. Remarkably, the proposed regulation includes changes to both outdoor areas And Interior requirements (T8 CCR §§ 3395 or 3396), although from 2234 only Cal/Osha directed to update the update outdoors Requirements in §3395.
Key proposed changes
Distribution of the hipp – indoor and outdoor area
The employers would have to distribute their hipps in rent during the heat disease prevention and at least once a year to each covered employee. However, the draft of the language restrictions required the distribution to no more than twice a year per employee.
Aclimatization – outdoor
Current regulations require a close observation of the newly assigned employees who are assigned to a “high heat area”. The proposed rule updates this language to indicate “high heat surface” to mean an area in which the temperature corresponds to or exceeds the temperature 95 ° f, and align them with the existing threshold with high heat in a sub -section (E).
The proposal also introduces new requirements for acclimatization for employees with temperatures of 80 ° F or higher. Employers should both:
- Implement highly heated procedures in §3395 (e) for five days or
- Introduce a phased aclimatization plan for new employees, which was modeled according to the proposed heat sail of Fed-Osha:
- For current employees who return after a break of more than 14 days, the acclimatization would be on:
This gradual requirement would not apply if the employer can prove that the employee had consistently worked within the last 14 days within the last 14 days.
Aclimatization – interiors
For interior environments, employers would have two options for new or returning employees in one work area in which: (a) temperature or heat index, depending on what is larger, 87 degrees fahrenheit corresponds, (b) the temperature is the same or exceeds 82 degrees 82 degrees for employees who carry clothing that restrict the heating distance and the temperatures.
- Use the section “Evaluation and control measures” of the section “Evaluation and control measures” for five days or in §3396 (2) set in §3396 (2) (except technical controls in §3396 (e))).
- Follow the scheduled schedules that are described above, acclimatized.
The same exception applies indoors as outdoors: Employers can unsubscribe from acclimatization if the employee consistently worked under comparable heating conditions during the previous 14 days.
What's next?
The comments on the draft of the proposal are due by July 7, 2025 and can be submitted to:
- eBerg@dir.ca.gov
- jlandaverde@dir.ca.gov
A meeting of the consulting committee is planned at a later date of Cal/Osha. From 2243, the Cal/Osha Standards Board requires to check revised rules by December 31, 2025, but does not contain any deadline for the board to adopt the rules.