By Hao Nguyen
Senior Product and Regulatory Counsel
As I was driving to visit a dealership in Central California recently, I was reminded of two things: 1) how grateful I am that we as a species figured out air conditioning and 2) how the Occupational Safety and Health Administration (OSHA) is rubbing its hands together and waiting for a business to fall short of heat illness and injury standards. (To be clear: I’m just joking). No doubt you have already felt the heat at the kids’ baseball or soccer practice or seen some kind of heat advisory in your state by now, so you know what I mean. Now is a good time as any to remind employers of their responsibilities to provide safe working environments for their workers.
On a federal level, the National Emphasis Program was launched by the Occupational Safety and Health Administration (OSHA) in 2022 and places requirements on general industry. On a state level, California, Washington, Oregon, Maryland, Nevada, Minnesota, and Colorado all have their own specific requirements that are more strict than these federal guidelines. Note that Colorado’s heat illness prevention standard only regulates agriculture workers, so we will not discuss them here. For readability, we can assume that the following applies to all dealers across the country and any additional state requirements will be identified accordingly. Where state and federal requirements conflict, the more strict standard will apply (which is usually the state as it is applied here).
Heat Illness Prevention Program
A written heat illness prevention program must be established that details specific procedures for monitoring and responding to heat hazards. This plan must address how supervisors will monitor ambient temperatures, assess worker exertion levels, and implement appropriate controls. The program must be readily available to employees and regularly updated to reflect changing workplace conditions.
Additional Oregon Requirements
In addition to a heat illness prevention program, all Oregon employers are required to have an Emergency Medical Plan that addresses heat illness prevention.
Additional Nevada Requirements
Each business in Nevada will need to prepare a one-time, written job hazard analysis to assess the working conditions that may cause occupational exposure to heat illness. This analysis must include the following:
- A list of all job classifications in which the majority of employees in those classifications have occupational exposure to heat illness for more than 30 minutes of any 60-minute period; and
- A list of all tasks and procedures performed by employees in which a) occupational heat illness may occur and b) performed by the job classifications in the first list identified above.
Water Provision
Employers must provide fresh cool drinking water in sufficient quantities (at least 1 quart per employee per hour) that is easily accessible throughout the work shift. The water must be located close to the work area and maintained at a temperature that encourages regular consumption. Workers should be encouraged by the employer to drink water frequently, approximately every 15-20 minutes, even if they don’t feel thirsty.
Rest and Shade
Accessible shaded or air-conditioned rest areas must be provided where employees can cool down during breaks. Rest breaks are scheduled based on temperature, workload, and worker acclimatization, with increased frequency during extreme heat. Shade structures must be large enough to accommodate all employees on break.
Additional California Requirements
Businesses must designate a “cool-down area” (i.e. an area that is blocked from direct sunlight and shielded from other high radiant heat sources and is either open to the air or provided with ventilation or cooling) that is located as close as practicable to the areas where employees are working and maintained at less than 82°F.
Additional Oregon Requirements
Businesses must implement a written, employer-specific heat illness prevention work/rest schedule using minimum rest break durations and intervals that is employer-adjusted to effectively protect employees from heat illness.
Acclimatization Procedures
New workers must be gradually introduced to hot environments over 7 to 14 days. Workers returning after an absence of three or more days should start at 50% of normal workload in hot environments, with gradual increases over three days. Supervisors must closely monitor all workers during the acclimatization period for signs of heat-related illness.
Additional California Requirements
Exposed employees must be closely observed for 14 consecutive days if they work in any of the following conditions:
- In a work area where the temperature or heat index, whichever is greater, equals or exceeds 87°F;
- In a work area where the temperature equals or exceeds 82°F for employees who wear clothing that restricts heat removal; or
- In a high radiant heat area where the temperature equals or exceeds 82°F
Additional Maryland Requirements
Exposed employees must be closely observed for 14 consecutive days if either of the following occurs:
- When an employee is newly exposed to heat in the workplace; and
- When an employee returns to work after 7 or more consecutive days of absence from the workplace.
Additional Washington Requirements
Exposed employees must be closely observed for 14 consecutive days for employees not yet acclimatized to the heat, those returning from absences, and all employees during a “heat wave.” For these purposes, “heat waves” are days when heat will be at or above 80°F and at least 10°F higher than the five-day average highs.
Additional Minnesota Requirements
Full acclimatization will occur over approximately one week. On the first day, the individual performs 50 percent of the normal workload, and 50 percent of the time is spent in the hot environment. Each day, an additional 10 percent of the normal workload and time is added, so that by day six, the worker is performing the full workload for an entire day. The exposure time should be at least two hours per day for acclimatization to occur.
Training
All employees and supervisors must receive training on recognizing heat hazard symptoms, first aid procedures, and preventive measures. Training should cover how to report symptoms, proper hydration practices, and the importance of monitoring oneself and coworkers. This education should be provided before hot weather begins to equip employees with necessary knowledge and information, and refreshed periodically throughout hot seasons.
Additional California and Nevada Requirements
In both California and Nevada, there are two specific trainings that all businesses must implement: supervisory and non-supervisory training. Make sure all employees complete the applicable training.
Monitoring Systems
A “buddy system” should be implemented so workers can monitor each other for signs of heat-related illness as well as an effective communication system that includes cellular phone or text messaging. Administrative controls should be used such as scheduling strenuous work during cooler parts of the day and rotating workers to limit heat exposure. Supervisors must actively monitor weather conditions and be prepared to adjust work protocols when the heat index rises.
Additional Nevada Requirements
If the job hazard analysis determines that an employee would be exposed to working conditions that could give rise to occupational exposure to heat illness, the employer must designate a person to perform the following functions:
- If another worker is experiencing signs or symptoms of heat illness that requires emergency response:
- Contact emergency medical services (EMS) or ensure that EMS has been contacted;
- Provide all necessary information to EMS to provide services to the affected employee as soon as possible, which includes, but is not limited to, contact information and directions; and
- Where necessary or appropriate, ensure that the affected employee is transported to a location that is easily accessible by EMS.
- Regularly monitor working conditions that could create occupational exposure to heat illness.
- Carry out the provisions of the WSP that address exposure to heat illness. This includes ensuring that all employees take applicable heat illness prevention training and that water is regularly replenished (if not from a plumbed source).
Emergency Response Procedures
Clear emergency procedures must be established and communicated to all workers for responding to potential heat-related illnesses. At least one person trained in first aid should be present at all times, with knowledge of how to respond to heat-related emergencies. Contact information and directions to the nearest medical facility should be readily available to all workers.
Recordkeeping
Employers must maintain accurate OSHA 300 Logs and 301 injury and illness recordkeeping forms documenting any heat-related illnesses or injuries. These records should include emergency room visits related to heat exposure, even if hospitalization did not occur. Additionally, all prevention measures, training sessions, and interventions related to heat hazards should be documented and retained.
Specific Accommodations and Procedures
Additional protections must be implemented when the heat index reaches specific thresholds, such as 80°F for initiating basic precautions and 95°F for high-heat procedures. Workers wearing personal protective equipment require more frequent breaks and additional cooling measures. Workload expectations should be adjusted during high heat periods, especially for strenuous activities.
Additional California Requirements
The employer must establish specific procedures when the temperatures equal or exceed 95°F. These procedures include ensuring effective communication with employees (voice, observation, or electronic means), observing employees for alertness and signs or symptoms of heat illness, designating one or more employees to call for emergency medical services, reminding employees to drink plenty of water, and conducting pre-shift meetings to review high heat procedures, encourage water consumption, and remind employees of their right to cool-down breaks when necessary.
Additional Washington Requirements
The employer must establish a minimum rest period of 10 minutes for every 2 hours worked if outdoor temperatures reach between 90°F and 100°F, and 15 minutes for every 1 hour worked if temperatures equal or exceed 100°F. These breaks can be taken at the same time with any meal or rest period.
Additional Maryland Requirements
The employer must establish a minimum rest period of 10 minutes for every 2 hours worked if outdoor temperatures reach between 90°F and 100°F, and 15 minutes for every 1 hour worked if temperatures equal or exceed 100°F. These breaks can be taken at the same time with any meal or rest period.
Regular Inspections
Frequent safety and health inspections must be conducted to identify and address potential heat hazards before they cause illness. Supervisors should regularly assess workplace conditions, including temperature, humidity, and radiant heat sources, and adjust work procedures based on inspection findings and changing heat conditions.
Additional California Requirements
The employer must regularly measure the temperature and heat index, recording whichever is greater, and maintain records of these measurements. In lieu of this requirement, employers can establish engineering controls to reduce and maintain both the temperature and heat index to below 87°F (or 82°F where employees are wearing clothing that restricts heat removal or work in high radiant heat areas). Alternatively, employers can implement administrative controls to reduce and maintain the temperature to similar thresholds.
Exemptions
The common exemptions among all of these state-mandated heat illness standards are emergency operations, climate-controlled environments, and specific industries (Colorado only applies to agriculture and Washington only for work outdoors). The following states have additional exemptions as identified below.
California
The following workplace operations are fully exempt from the state rules:
- Places of employment where employees are teleworking from a location of the employee’s choice.
- Situations where an employee is exposed to the applicable heat temperatures (at or above 85 degrees Fahrenheit and below 95 degrees Fahrenheit) for less than 15 minutes in any 60-minute period.
Note that the exemptions do NOT apply to:
- Vehicles without effective and functioning air conditioning, or
- Shipping or intermodal containers during loading, unloading, or related work.
Oregon
The following workplace operations are fully exempt from the state rules:
- Incidental heat exposures where an employee is not required to perform work activities for more than 15 minutes in any 60-minute period.
- Exposures to heat generated from the work process (such as bakeries).
- Buildings and structures that have a mechanical ventilation system that keeps the heat index below 80 degrees Fahrenheit.
- Employees who work from home.
Questions?
The team at ComplyAuto is ready to help you prepare for the warm weather. Existing ComplyAuto Safety clients can schedule a call with their dedicated client success manager to get started. All other interested parties can schedule a demo.