{"id":262486,"date":"2025-05-29T11:29:06","date_gmt":"2025-05-29T11:29:06","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/legal\/sweating-the-details-cal-osha-proposes-changes-to-heat-regulations\/"},"modified":"2025-05-29T11:29:06","modified_gmt":"2025-05-29T11:29:06","slug":"sweating-the-details-cal-osha-proposes-changes-to-heat-regulations","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=262486","title":{"rendered":"Sweating the Details: Cal\/OSHA Proposes Changes to Heat Regulations"},"content":{"rendered":"


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Seyfarth Synopsis:\u00a0<\/em><\/strong>On May 7, 2025, Cal\/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom at the conclusion of the 2021-22 legislative session. These proposed changes alter how employers must respond to heat hazards, and introduce new requirements for acclimatization, training, and plan distribution. Public comments are due by July 7, 2025.<\/em><\/p>\n

Background<\/strong><\/p>\n

Signed into law in 2022,\u00a0Assembly Bill 2243<\/a>\u00a0directed Cal\/OSHA to strengthen protections for outdoor workers exposed to heat and wildfire smoke. AB 2243 originally proposed an \u201cultrahigh heat\u201d standard but was ultimately revised to focus on two main objectives for outdoor heat:<\/p>\n

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  1. Requiring Cal\/OSHA to consider updates related to acclimatization and the distribution of Heat Illness Prevention Plans (HIPPs).<\/li>\n
  2. Updating wildfire smoke protections for farmworkers, particularly the AQI threshold for mandatory respiratory protection. Cal\/OSHA has yet to propose draft changes addressing this.<\/li>\n<\/ol>\n

    The\u00a0proposed rulemaking released on May 7, 2025<\/a>, reflects Cal\/OSHA\u2019s efforts to fulfill\u2014and exceed\u2014the bill\u2019s first mandate: updating heat illness prevention standards. Notably, the proposed rulemaking includes changes to both outdoor\u00a0and<\/em>\u00a0indoor requirements (T8 CCR \u00a7\u00a7 3395 & 3396, respectively), even though AB 2234 only directed Cal\/OSHA to update the\u00a0outdoor<\/em>\u00a0requirements found in \u00a73395.<\/p>\n

    Key Proposed Changes<\/strong><\/p>\n

    Distribution of the HIPP \u2013 indoor and outdoor<\/strong><\/p>\n

    Employers would be required to distribute their HIPP upon hire, during heat illness prevention training, and at least once a year to every covered employee. However, the draft language limits required distribution to no more than twice annually per employee.<\/p>\n

    Acclimatization \u2013 outdoor<\/strong><\/p>\n

    Current regulations require close observation of employees newly assigned to a \u201chigh heat area.\u201d The proposed rule updates that language to specify \u201chigh heat area\u201d to mean any area where the temperature equals or exceeds 95\u00b0F, aligning it with the existing \u201chigh heat\u201d threshold in subsection (e).<\/p>\n

    The proposal also introduces new acclimatization requirements for employees assigned to areas with temperatures of 80\u00b0F or higher. Employers would be required to either:<\/p>\n