Employers in California must take immediate steps to protect their workers from heat illness, whether the workplace is indoors or outdoors, in compliance with new Cal/OSHA regulations. The new requirements go well beyond the regulations that California already had in place to protect indoor workers from dangerously hot temperatures.
California dentists, like most other employers with indoor workplaces, are required to follow Cal/OSHA’s “Heat Illness Prevention in Indoor Places of Employment” standard that took effect July 24. (Prisons and detention facilities are exempt.)
Generally, the standard requires employers to implement control measures to keep indoor work sites below 87 degrees Fahrenheit whenever workers are present; however, if workers are wearing clothing that restricts heat removal, such as personal protective equipment, and the temperature is equal to or exceeds 82 F, employers must implement additional measures to protect workers. The same applies to all workers who are working in high-radiant areas where the temperature equals or exceeds 82 F.
Employers must measure the temperature and heat index and record the greater whenever either reaches 87 F (for all workers) and reaches 82 F for workers wearing restrictive clothing.
The standard does not apply to incidental exposures to temperatures that range between 82 F and 95 F if they occur for less than 15 minutes in any 60-minute period.
Written indoor heat illness prevention plan required
Dentists must either establish and maintain a separate written plan on how the office will respond to prevent heat illness if the indoor temperature approaches 82 F or add the required information to their existing injury and illness prevention plan. The plan should include the procedures to be followed for cooling down, employee and supervisor training, heat measurement and any necessary observation and emergency response.
CDA members can reference CDA’s updated Infection Control and Cal/OSHA FAQ for language to insert into an IIPP.
Access to cool-down areas when temperature is 82 F or higher
Employers must provide training to workers and supervisors and provide first aid or emergency response to workers who show heat illness signs or symptoms. Additionally, employees in indoor workplaces must have access to the following when the temperature reaches 82 F or higher:
- At least one cool-down area that is kept below 82 F and shielded from other high-radiant heat sources.
- Potable water that is fresh, suitably cool and free of charge.
- Preventive cool-down rest periods: Employers should encourage them, and employees may request them.
If a dental office continues to operate when the indoor temperature is higher than 82 degrees, it must comply with all requirements of the regulation — for example, maintaining records of the temperature and heat index and evaluating environmental risk factors.
Dentists should read the regulation to understand the scope and requirements of the standard. Cal/OSHA’s FAQ provides clear answers to questions about exceptions, measuring the indoor temperature and heat index, compliant training, required emergency response procedures and more.
Paying nonexempt employees in the event of office closure
If a practice is forced to close due to excessive indoor heat, the employer must pay nonexempt (hourly) employees at least half of the scheduled day’s work (no more than four hours) in accordance with the rules of “reporting time pay.” Salaried employees would not suffer a reduction in pay as they cannot be penalized for an employer’s failure to provide work.
Exceptions to the rule are situational. For example, if excessive heat is due to a failure of public utilities or if an “act of God” causes high indoor temperatures that the employer cannot control, the employer is not responsible for paying the remainder of the scheduled hours not worked by the hourly employee. Conversely, if the heat is rising due to an inadequate A/C system or electrical issue in the building that is not public utility-related, then the reporting time pay rules would apply.