The Cal-OSHA Reporter advises that Cal/OSHA's enforcement branch, the Division of Occupational Safety and Health (DOSH) has calendared an advisory committee meeting for October 26th in Oakland to discuss expanding California's regulation of heat illness to indoor workplaces.

On June 19, 2006 we sent Breaking News to you that the first heat illness regulation in the nation, found at Title 8 California Code of Regulations section 3395, had become effective. That regulation, however, only applies to outdoor work such as agriculture and construction. The Division now wants to shape a regulation which will apply to indoor workplaces as well.

While the new regulation will certainly apply to inherently hot work, such as foundries, laundries and kitchens, we expect that it will be broadly written to cover ALL worksites in the state. It will most likely require all California employers to evaluate their working conditions for heat hazards, to document their findings and, where appropriate, to create a written plan for an appropriate response.

If the new regulation follows Section 3395, that response will require worker training, provision of specific amounts of water and heat-related rest periods.

We can anticipate that this new regulation will have the same weaknesses as the current one, including subjective language about what heat illness is and when the requirements of the regulation are triggered. One other flaw in Section 3395 is that it leaves the determination of whether a rest is needed to each employee. Section 3395 sets no time limit for these rest periods, except to say that they cannot be for less than five minutes.

If your industry is clearly affected by this proposal, you should be represented in the rulemaking process. Call us if you have questions.