The California Division of Occupational Safety and Health (Cal/OSHA) has proposed draft changes to the wildfire smoke protection standard as well as the indoor and outdoor heat illness standards. Public comment can be submitted until July 7, 2025, to eberg@dir.ca.gov and jlandaverde@dir.ca.gov. Advisory meetings will be scheduled later.
For the wildfire smoke regulation, the proposed changes would adjust the Air Quality Index (AQI) table to indicate that “hazardous” AQI for PM2.5 is at 301 or above. Currently, hazardous is listed as 301 to 500. Additionally, the draft changes clarifies that a written respiratory protection program and fit testing are not required unless the AQI for PM2.5 exceeds 500.
For both the indoor and outdoor health illness regulation, the proposed changes include greater details and requirements for acclimatizing workers to increased heat exposure.
For instance, these changes offer a new “phase-in” acclimatization strategy for both outdoor and indoor settings in the form of work schedules that gradually expose the employee to higher heat over a period of time. For new or returning employees, the employee’s exposure to heat (based on each standard’s respective heat triggers) would be restricted to no more than:
- 20 percent of the usual work duration on the first day of work;
- 40 percent on the second day of work;
- 60 percent on the third day of work; and
- 80 percent on the fourth day of work.
For a returning employee who has been away for more than 14 days, the employee’s exposure to heat would be restricted to no more than:
- 50 percent of the usual work duration on the first day of work;
- 60 percent on the second day of work; and
- 80 percent on the third day of work.
The only exception to the above requirements would be if the employer can demonstrate the employee consistently worked under the same or similar conditions as the employer’s working conditions within the prior 14 days.
Each standard contains alternative methods to the phase-in approach. For outdoor workplaces, employers can acclimatize new or returning employees assigned to areas where the temperature exceeds 80 degrees Fahrenheit by implementing the regulation’s existing “high heat” procedures. Notably, high heat procedures are currently applicable only when the temperature equals or exceeds 95 degrees Fahrenheit, which means that when employers use this method, they may be using high heat procedures where no high heat conditions exist.
For indoor workplaces, instead of using the phase-in method, the proposed changes would require employers to acclimatize new and returning employees by using administrative control methods, such as modifying schedules, rotating employees and other similar methods of limiting heat exposure, or personal heat-protective equipment for a period of five days.
Under both standards, the proposed changes would expand the employer’s obligations with respect to new and returning employees.
Additionally, the draft changes would require employers to distribute their heat illness prevention plan to new employees upon hire, during heat illness prevention training and to every employee at least once a year. Employers, however, would not be required to distribute the plan to an employee more than twice a year.
Comments on the wildfire smoke and indoor/outdoor heat illness proposed changes can be sent to eberg@dir.ca.gov and jlandaverde@dir.ca.gov through July 7, 2025.
Katie Culliton, Senior Editor, CalChamber
CalChamber members can read more about Heat Illness Prevention: Outdoor and Indoor Standards and Wildfire Smoke Regulation in the HR Library. Not a member? See what CalChamber can do for you.
