Following the state's first dangerous heatwave of 2024, California has implemented new standards set to protect restaurant kitchen staff and other workers who labor indoors in what can be, at times, blistering conditions. Announced Thursday, the new regulations will require businesses to take protective measures when indoor temperatures hit more than 87 degrees Fahrenheit.

Changes in Regulations for Indoor Workplaces

Under new proposed changes, businesses must ensure that workplaces are not cooled to no more than 87 degrees "if feasible." For those workers in protective clothing and who deal with high-heat-producing machinery like stoves and ovens, the maximum limit will be pegged at below 82 degrees. Other measures include employers being required to provide access to water, "cool-down areas," and rest breaks to help mitigate the effects of excessive heat.

Details of the New Standards

The state Occupational Safety and Health Standards Board—the same board that unveiled those changes—did not speak to what circumstances might render cooling measures infeasible, though the regulations do single out restaurant kitchens as being uniquely indoors and in need of such additional protections.

Process for Approval and Implementation

The revised employer requirements should be submitted for the review of regulatory changes to the state's Office of Administrative Law within 30 business days for approval or rejection. The OSHSB asked that the requirements be operative immediately upon approval by the Administrative Law Office.

Heatwave Warnings and Broader Impact

These regulatory updates come at a time when meteorologists have warned about triple-digit temperatures in parts of California. Last weekend, a record-breaking area stretching as far as Vermont was similarly scorching.

Growing Attention to Heat Safety on the Job

Dangerous heat in the workplace has grown as a point of increasing focus by safety officials and organized labor as temperatures smash records. Preliminary data for 2023 tallies 2,030 heat-related deaths in the United States—the highest count in the last 45 years such data has been tracked. That is a significant rise from 1,600 fatalities in 2021 and 1,722 in 2022, according to the U.S. Health & Human Services Department. This includes all heat-related deaths, not only those at workplaces.

Federal Efforts to Combat Workplace Heat

Nearly three years ago the White House ordered the U.S. Department of Labor to revise federal Occupational Safety & Health Administration, or OSHA, standards to better protect workers from excessive heat. To that end, a proposed set of federal safeguards is under review by the White House Office of Information and Regulatory Affairs.

Recap of proposed new heat standards

California has enacted new regulations requiring employers to protect indoor workers, particularly restaurant kitchen staff and others who work in extremely hot conditions. Employers must now take protective action when indoor temperatures rise higher than 87 degrees. This includes: cooling the workspace to no more than 87 degrees when feasible; or, to as low as 82 degrees when employees must wear protective clothing or work near radiant heat sources. In addition, employers are mandated to provide access to water, cool-down areas, and rest breaks.

Information on Feasibility and Affected Workplaces

Although the OSHSB did not elaborate on any conditions under which cooling measures would be deemed infeasible, restaurant kitchens have been especially singled out as one of the kinds of workplaces to be positively impacted by this regulation.

Timeline for Review and Approval

The Office of Administrative Law has 30 business days to review the new standards. The OSHSB has requested that the measures be put into effect immediately upon approval.

Broader Heatwave Impact and Safety Focus

With meteorologists predicting triple-digit temperatures in parts of California, and much of the country baking last weekend, an already heightened focus takes place on workplace heat safety. The record heat brought increased scrutiny from safety officials and labor organizations.

Alarming Statistics on Heat-Related Fatalities

In 2022, the United States broke a record with 2,030 heat-related illness deaths—the highest in 45 years. There were 1,600 deaths in 2021, while this year the death count rose to 1,722, prompting alarm over an ominous trend of extreme heat.

Federal Action on Heat Safety Standards

Amid escalating heat dangers, nearly three years ago, the White House ordered the U.S. Department of Labor to update OSHA standards. Proposed federal protections were submitted to the White House Office of Information and Regulatory Affairs for review.

To Sum Up

California's new standards for the protection of indoor workers from excessive heat reflect a growing awareness of the dangers posed by extreme temperatures. At the same time, as the state waits to see these regulations approved and implemented, this broad effort of improvement in workplace safety in the face of rising temperatures remains a critical issue nationwide.