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The Cohen Group Newsletter - Volume 18  Issue 3, Article 2.  September 2007

 Indoor Heat Illness Prevention
By Tim Bormann, CIH

In July, 2005 after several worker deaths reported as possibly heat-related, the Cal/OSHA Standards Board adopted an emergency standard for heat stress illness.  In July 2006, a permanent heat illness prevention standard (8 CCR § 3395) became effective.  This standard applies to all outdoor places of employment. 

However, the debate continued on whether or not indoor places of employment should be included for heat illness prevention. Labor has maintained that heat illness is underreported and misidentified and may contribute to injury incidents.  There is a strong belief, particularly by the employer community, that an indoor regulation is not necessary.  Instead, Cal/OSHA should enforce indoor heat illness prevention through the Injury and Illness Prevention Program (IIPP) and institute a special emphasis program targeting employers with possible indoor heat illness exposures. 

In August, 2007, Cal/OSHA announced it would not, for the time-being seek a standard for indoor heat illness prevention.  Cal/OSHA had reviewed the recent potential heat stress incidents that had occurred since the adoption of § 3995 and concluded that the indoor environment is not magnifying the risk. Cal/OSHA will instead institute an outreach program to inform employers of what they need to do to protect workers from indoor heat illness.  Enforcement will be through the IIPP standard (§ 3203).

Cal/OSHA is developing a Policy and Procedure to explain what employers are expected to do about indoor heat stress.   Included in the Policy and Procedure will likely be that employers whose indoor employees may be at risk of developing heat stress must develop procedures based on § 3995.  In addition, employee training requirements as listed in § 3995 must be implemented.   Cal/OSHA is using § 3995 for the model of indoor heat illness prevention, but enforcement will be through the IIPP.  The IIPP requires recognition and correction of workplace hazards and employee training to recognize hazards and take appropriate precautions to avoid or protect against them.

However, the issue may not yet be concluded.  Assembly Bill 1045 would require the Cal/OSHA Standards Board to adopt a standard for controlling the risk of heat illness for employees who work indoors.  A revision to the bill removed a requirement that the Standards Board adopt a standard by July 1, 2008.  At the time of this writing, the bill has passed both houses (Assembly on Sept. 12, 2007) and is sitting on the Governor’s desk for either signature or veto.

We’ll keep you informed.  The Cohen Group can assist you in efforts to address heat stress illness prevention at your workplace.