Cal/OSHA has proposed unrealistic changes to heat illness regulations—changes that can directly impact how you run your operations, if approved as proposed. Despite being framed as safety improvements, these new changes under Title 8 §3395 and §3396 go far beyond reasonable protections. They impose excessive paperwork, strict work restrictions, and unrealistic expectations on employers in the state. These proposed changes target acclimatization, employee monitoring, and written heat illness prevention plans.
The most concerning change is the mandatory acclimatization schedule triggered by any day over 80°F for new employees in outdoor workplaces and triggered when any indoor workplace is over 87°F. That could apply for half of the year in some areas in California, specifically the Central Valley. Under these new rules, new employees can only work at 20% capacity on Day 1, while returning employees are capped at 50%. Employers must restrict heat exposure for new and returning employees, regardless of their experience:
- New employees: Capped at 20% of normal workload on Day 1, increasing incrementally to 80% by Day 4.
- Returning employees (after 14 days): Capped at 50% on Day 1, reaching 80% by Day 3.
The schedules are lifted only if the employer can prove the worker has recently performed similar tasks under comparable heat conditions—a proof that requires more documentation.
On top of this, Cal/OSHA now requires employers to distribute their Heat Illness Prevention Plan, available in multiple languages, to new employees during:
- The time of hire
- During heat illness training
- And at least once annually (no more than twice per year)
Folks are already doing the right things—providing water, shade, training, and adjusting schedules when needed. These new rules don’t improve safety—they undermine the ability to operate a business in California.
We’re pushing back on these unrealistic proposed regulatory changes and will be submitting comments to the Cal OSHA Standards Board. The comment period for the proposed changes is open until July 7th, 2025. We’ll keep fighting on your behalf and pushing back on outlandish regulatory changes like this one.