EXCEPTION: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures.
NOTE NO. 1: The measures required here may be integrated into the employer's written Injury and Illness Program required by section 3203, or maintained in a separate document.
NOTE NO. 2: This standard is enforceable by the Division of Occupational Safety and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.
"Acclimatization" means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.
"Heat Illness" means a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.
"Environmental risk factors for heat illness" means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.
"Landscaping" means providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed.
"Oil and gas extraction" means operating and/or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases.
"Personal risk factors for heat illness" means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.
"Shade" means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.
"Temperature" means the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight.
Exceptions to subsections (d)(1) and (d)(2):
When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool-down rest period every two hours. The preventative cool-down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 (8 CCR 11140) if the timing of the preventative cool-down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool-down rest period required in an eight hour workday. If the workday will extend beyond eight hours, then an additional preventative cool-down rest period will be required at the conclusion of the eighth hour of work; and if the workday extends beyond ten hours, then another preventative cool-down rest period will be required at the conclusion of the tenth hour and so on. For purposes of this section, preventative cool-down rest period has the same meaning as "recovery period" in Labor Code Section 226.7(a).
Cal. Code Regs. Tit. 8, § 3395
2. New section refiled 12-20-2005 as an emergency; operative 12-20-2005 (Register 2005, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-19-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-19-2006 as an emergency; operative 4-19-2006 (Register 2006, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-17-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-19-2006 order, including amendment of section heading and section, transmitted to OAL 6-16-2006 and filed 7-27-2006 (Register 2006, No. 30).
5. Amendment filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
6. Amendment filed 4-3-2015; operative 5-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 14).
7. Change without regulatory effect amending subsections (a)-(a)(1) and amending NOTE filed 3-10-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 11).
Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 6721, Labor Code.
2. New section refiled 12-20-2005 as an emergency; operative 12-20-2005 (Register 2005, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-19-2006 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-19-2006 as an emergency; operative 4-19-2006 (Register 2006, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-17-2006 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-19-2006 order, including amendment of section heading and section, transmitted to OAL 6-16-2006 and filed 7-27-2006 (Register 2006, No. 30).
5. Amendment filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
6. Amendment filed 4-3-2015; operative 5/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 14).
7. Change without regulatory effect amending subsections (a)-(a)(1) and amending Note filed 3-10-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 11).