In the absence of a federal heat standard, numerous states have passed their own heat illness standards, such as Maryland and California. In what could become a state administrative agency enforcement trend for 2025, the California Division of Occupational Safety and Health (Cal/OHSA) has fined an employer for violating the state’s heat illness prevention regulations. Notably, it is the first willful heat violation citation to be issued by Cal/OHSA in more than five years.
California Protections From Heat Illness in Employment
California has a number of standards that govern protections from heat for employees within their employment activities. Industries such as construction and landscaping are required to comply with California Code of Regulations, Title 8, § 3395, also known as the Heat Illness Prevention in Outdoor Places of Employment standard. Section 3395 requires that employers provide a heat illness prevention plan that includes information regarding the provision of water and access to shade, and high heat procedures when temperatures “equal or exceed 95 degrees Fahrenheit,”, among other requirements. Employers are required to provide “potable drinking water” that meets state requirements free of charge to employees. Additionally, employers are required to implement emergency response procedures under the standard that provide how first aid measures and emergency medical services will be provided.
Additionally, in June 2024, California enacted California Code of Regulations, Title 8, § 3396, which provides protections for indoor places of employment. Under the new indoor workplace standard, employers are required to implement procedures for employees when the “indoor work areas” have temperatures that “equal or exceed” 82 degrees Fahrenheit. Such procedures include providing access to “cool-down areas” when employees are present that have a temperature of “at less than 82 degrees Fahrenheit” and take a “preventative cool-down rest” to prevent overheating. Like the standard in § 3395, employers that fall under § 3396 are also required to implement and provide information to employees regarding heat illness prevention plans that include how to access cool-down areas and the provision of water, among other requirements listed in the standard.
Investigation Opened After Complaint Received
Cal/OHSA opened an investigation into Parkwood Landscape Maintenance in June 2024, based on a complaint the agency received that included allegations that the employer did not provide access to water for employees working outdoors, and did not provide heat illness training to those employees. After conducting its investigation, the state found that Parkwood’s conduct was deliberate, and that they “knowingly failed to follow heat protection requirements.” The state’s investigation also found that access to shaded areas was not provided, and that written procedures to address work conditions in high temperatures were also not provided to the employees. The findings from the state also denote that employees had to purchase their own water, and that the employees did not have written communication addressing work conditions that exceeded 95 degrees Fahrenheit, nor did the employees receive written communication regarding heat illness training. As a result of the state’s investigation and findings, Cal/OHSA issued a citation which imposed financial penalties in the amount of $276, 425. (The employer had been previously found to be in violation of Section 3395(i) in 2022).
Enforcement Likely to Continue & Expand
Employers in industries that fall under the requirements of § 3395 should work with their risk management and local counsel personnel to ensure that they are providing the necessary materials, training and protection for their employees. Cal/OHSA Chief Debra Lee said (in a press release regarding the Parkwood citation) that “employers have a responsibility to protect their workers from the dangers of extreme heat. It is unacceptable for any business to blatantly ignore safety protocols, putting their employees at serious risk. This enforcement action underscores our commitment to holding employers accountable and ensuring safe workplaces across California.” Cal/OHSA is likely to continue enforcing protections for employees under § 3395, and begin conducting investigations to determine compliance with § 3396 for indoor workplaces.
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