TO:               Our Clients

FROM:          Sam Celly BChE MChE CSP

DATE:           April 21, 2025

SUBJECT:     Cal/OSHA Heat Illness Prevention Program

On July 23, 2024, the “Heat Illness Prevention in Indoor Places of Employment” (California Code of Regulations, Title 8, Section 3396) became the law. Now, California law on heat prevention covers both indoor and outdoor places of employment. This newsletter clarifies the applicability of the Indoor Heat Illness Prevention Program and the steps that the employer must undertake to ensure compliance with the law.

Where does Cal/OSHA’s Indoor Heat Illness Prevention (IHIPP) Statute apply? All indoor work areas where the temperature or heat index equals or exceeds 87 degrees Fahrenheit (F) when employees are present.  In workplaces where employees wear clothing (possible PPE) that restricts heat removal, the statute applies 82 degrees F. “Indoor” refers to a space that is under a ceiling or overhead covering and is enclosed along its entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow. In automobile dealerships, most likely areas for this law to apply will be closed shops, parts warehouse etc..  Air-conditioned office and showroom space would be exempt.Temperature & Heat Index:  Temperature can be measured by a thermometer.  Heat Index is calculated based upon temperature and humidity.  In high humidity, sweat does not evaporate creating a dangerous condition for workers.  Heat index calculations require an instrument to read the humidity.  The humidity and the temperature reading are placed on the US Govt. chart on page 2 of this Newsletter and the heat index is calculated.  For example, if the temperature is 84F and the humidity is 70%, the Heat Index is 90 and hence the IHIPP kicks in.  This is above the action level of 87F as listed in para above, employer is now required to document actions as listed below.What is Wet Bulb Globe Temperature? (National Weather Service)  https://youtu.be/jstHHkm_6vQEMPLOYER ACTIONSMEASURE & KEEP RECORD of the greater of measured temperature and the calculated heat index as temperatures begin rising toward 80 F. Use the log attached.PROVIDE BREAK ROOM/COOL DOWN AREA:  The break room AC must operate below 82 F.  Cool, potable water is required when the temperature or heat index reaches 87 F indoors.TRAIN all supervisory and non- supervisory employees on Heat Illness Prevention.  Find the traning memo on the Elearn portal. CA Title 8 CCR 3395 (h)INCLUDE WRITTEN PROCEDURES for Indoor Heat Illness Prevention in the Heat Illness Prevention Plan (HIPP), Injury and Illness Prevention Plan (IIPP), or maintain separately.  The HIPP is available on the CSI Elearn platform under EHS documents. Please print it, add information as necessary, and save it with your HR Department. A copy can be emailed to elearn@cellyservices.com.

Note: Cal/OSHA’s outdoor heat illness prevention program at Title 8, Section 3395 has been in effect since 2015.

HEAT INDEX. Heat index is a measure of heat stress that combines relative humidity with air temperature to capture what the temperature feels like to the human body. When the body gets too hot, it begins to sweat to cool itself off.  If the sweat can’t evaporate, the body can’t regulate its temperature. High humidity limits sweat evaporation and prevents effective cooling of the body.

Maintain the Log

1.        Measure the temperature and humidity. Calculate the heat index. RECORD WHICHEVER IS GREATER on the log attached (when > 82 F). Use a shop thermometer to measure temperature in conjunction with an instrument called hygrometer to measure humidity to get the heat index. Alternately, buy an instrument that includes both temperature and humidity (ex: https://buythermopro.com/product/tp53/).

2.     Go to the National Oceanic and Atmospheric Administration (NOAA) website to calculate the heat index (https://www.wpc.ncep.noaa.gov/html/heatindex.shtml) or use the table below.

For example, the indoor thermometer reads 88 F and the hygrometer reads 75%. This means the heat index is 103 (from the NOAA heat index website or the table below). Simply put, it feels hotter due to the high humidity and this, the heat index, is the relevant measure to record.  Because 103 > 88 F, 103 should be recorded in the attached log. NOTE: Maximum temperatures are typically between 1PM and 5PM.

COMPARISON of INDOOR and OUTDOOR HEAT ILLNESS PREVENTION STANDARDS

Requirement	Outdoor Heat (T8CCR 3395)	Indoor Heat (T8CCR 3396)
Scope and Application	Applies to outdoor workplaces	Applies to indoor workplaces when the indoor temperature is greater than 82 F.     The heat index should be used to measure this temperature as it incorporates relative humidity to show how hot it feels to the human body.
Provide Clean Drinking Water	Provide access to potable water that is fresh, suitably cool, and free of charge.     Located as close as possible to work areas.	Provide access to potable water that is fresh, suitably cool, and free of charge.     Located as close as possible to work areas and cool-down areas.
Access to Shade and Cool-Down Areas	For outdoor workplaces, shade must be present when temperatures are greater than 80 F. When temperatures are less than 80 F, shade must be available upon request.     For indoor workplaces, provide access to at least one cool-down area, such as a break room, which must be kept at a temperature below 82 F using AC or other cooling methods.     Shade and cool-down areas must be:Blocked from direct sunlight.Large enough to accommodate the number of workers on rest breaks so they can sit comfortably without touching each other.Close as possible to the work areas.For indoor workplaces, the cool-down areas must be kept at less than 82 F and shielded from other high-radiant heat sources.
Cool-Down Rest Periods	Encourage workers to take preventative cool-down rest periods.     Allow workers who ask for a cool-down rest period to take one.     Monitor workers taking such rest periods for symptoms of heat-related illness.
High-Heat Procedures	Have and implement procedures to deal with heat when the temperature equals or exceeds 95 F.    Procedures must include:    Observing and communicating effectively with workers.    Reminding workers to drink water and take cool-down rest breaks.	Not applicable to Indoor Workplaces.
Assessment and Control Measures	Not applicable to Outdoor Workplaces.	As temperatures rise above 80F, measure indoor temperature and humidity. Calculate the heat index. If the temperature or heat index is at or above 87F, record whichever is greater of the temperature and heat index on the log attached.  Statute requirements kick-in.     (For workers in high-radiant-heat areas, or wear clothing that restricts heat removal, the temperature or heat index must be recorded when either reaches 82 F).     Implement control measures to keep workers safe. Feasible engineering controls must be implemented first.
Monitoring the Weather	Monitor outdoor temperature and ensure that once the temperature exceeds 80 F, shade structures will be opened and made available to the workers.When it is at least 95 F, implement high-heat procedures.Supervisors can use the OSHA-NIOSH heat index tool to quickly check heat index (outdoor).Train supervisors on how to check weather reports and how to respond to weather advisories.	For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories.     Train supervisors on how to measure temperature and humidity and calculate the heat index.
Emergency Response Procedures	Provide first aid or emergency response to any workers showing heat illness signs or symptoms, including contacting emergency medical services.
Acclimatization	Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period, as well as all workers working during a heat wave.
Training	Employers must provide training to all employees—supervisory and non-supervisory.
Heat Illness Prevention Plan	Establish, implement, and maintain an effective written Outdoor Heat Illness Prevention Plan that includes procedures for providing drinking water, shade, preventative rest periods, close observation during acclimatization, high-heat procedures, training, prompt emergency response.	Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment and measurement of heat, training, prompt emergency response, and feasible control measures.

CALL TO ACTION
Ice Machines	Get an ice machine for the employees in the employee lunchroom.
AC Break Rooms	Ensure the air conditioning in the employee break room is running full tilt. Go and test it with a thermometer.
Cool Drinking Water	Ensure cool drinkable water is available. In extreme hot weather, management may augment with electrolyte rich drinks like Gatorade upon request.
Swamp Cooler + Fans	Provide swamp coolers in the shop area. Ensure all employees get a blast. Humid zones may need forced draft fans…see Big Ass Fans.
Neck Gaiters	Provide neck gaiters to each employee at no cost. Cost is between $5-10 at Amazon. Show them how to use it it’s easy. Golfers, construction and highway workers have been using it for a while.
Ice Vests	Provide an option for outdoor employees to wear an ice vest. The vest is thrown in the freezer for a few hours then one round the waist like a bulletproof vest. Cost $49.99. Your staff walking outside in 100-degree heat will love you.
Employee Training	Provide training to all employees regarding the signs and symptoms of, causes, first aid, and emergency responses to various heat illnesses.
Management Guidance	Management and all employees must understand the signs and symptoms of, and first aid and emergency responses to heat illness. OSHA provides this guidance for employers knowing that an MD is generally not available on site to diagnose, treat, or respond to heat related illness.  https://www.cdc.gov/niosh/topics/heatstress/heatapp.html
Posters	Post this poster in employee breakrooms and near the receptionist.
Thermometer	Place a big thermometer (patio thermometer size) in the indoor area for all to see.

References

California Code of Regulations, Title 8, Section 3396

California Code of Regulations, Title 8, Section 3395

https://www.dir.ca.gov/dosh/HeatIllnessInfo.html

https://www.dir.ca.gov/dosh/heat-illness/indoor-faq.html

https://www.weather.gov/ama/heatindex
https://www.cdc.gov/niosh/topics/heatstress/heatapp.html for the OSHA-NIOSH Heat Safety tool for mobile phones to estimate “Feels Like” temperature

Remembering Tim: A life Lost to Heat Illness at Work (US Department of Labor)  https://youtu.be/o3ULhPd0KQg  

What is Wet Bulb Globe Temperature? (National Weather Service)  https://youtu.be/jstHHkm_6vQ

Attachments

Heat Illness Prevention Training for Employees (English and Spanish) Monthly Safety Topic, May 2025

Employee Training Acknowledgement Sheet

Heat Index Log

Prevent Heat Illness at Work OSHA Poster

Stopping for Water Keeps You Going OSHA Poster

To:           Environmental Health and Safety Coordinator

From:      Sam Celly, BChE MChE JD CSP

Ref:         How to Handle an OSHA Inspection

Date:       April 8, 2025

HOW TO HANDLE AN OSHA INSPECTION

Inspections are always conducted without advance notice.  OSHA conducts inspections of workplaces when they receive a complaint of workplace safety or health hazard or report of a fatality or serious work-related injury or illness. Employers and fire and police departments are required to report such serious accidents to OSHA. OSHA may also conduct targeted inspections without a complaint or accident report, or whenever the inspector sees a workplace hazard in plain view. However, there are special circumstances under which OSHA may give notice to the employer, but such notice will normally be less than 24 hours. These circumstances include the following:

• Inspections due to imminent situations that are dangerous and require immediate correction.
• Accident investigations where the employer has notified an agency of a fatality or catastrophe.
• Inspections that must take place after regular business hours or that require special preparation.
• Cases where notice is required to ensure that the employer and employee representative or other personnel will be present.
• Cases where aninspection must be delayed for more than 5 working days for good cause.
• Situations in which the OSHA Area Director determines that advance notice would produce a more thorough or effective inspection. Employers who receive advance notice of aninspection must inform their employees’ representative or arrange for OSHAto do so. In certain circumstances, the employer may demand a search warrant (See US Constitution Fourth Amendment). In high stakes cases where fatality or an amputation is involved, the dealership should seek help of legal counsel and may have their lawyer present during the inspection.

Note 1. As a matter of policy, a 20-minute wait for the OSHA inspector prior to the inspection process is considered acceptable.  Management can alert all responsible managers on the premises about OSHA’s presence and possible involvement in the inspection process.

Note 2. Search warrants for dealers have been an exception rather than the rule. We recommend that the warrant policy be decided ahead of time rather than bringing it up upon arrival of the inspector. Once knowledgeable consent has been given to the inspector, the warrant requirement is considered to have been waived by the employer. Warrants are issued upon probable cause and are limited in scope as to the nature of the complaint against the employer.

OSHA’s INSPECTION PRIORITIES

Imminent Danger. Imminent danger situations receive top priority. An imminent danger is any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures. If a compliance officer finds an imminent danger situation, he or she will ask the employer to voluntarily abate the hazard and remove endangered employees from exposure. Should the employer fail to do this, OSHA, through the regional solicitor, may apply to the Federal District Court for an injunction prohibiting further work as unsafe conditions exist.

Serious Injuries and Fatal Accidents. Second priority goes to the investigation of fatalities and accidents resulting in a death or hospitalization.  California has a penalty of $5000 for failure to report within an 8-hour time frame including accidents that occurred on a weekend.  Reportable incidents in California include fatality, any in-patient hospitalization for work related injury or illness, amputation, loss of an eye, or any serious degree of permanent disfigurement.  Federal regulations require that fatalities be reported within 8 hours and in-patient hospitalization, amputation, or eye loss reported within 24 hours.

Complaints and Referrals. Third priority goes to formal employee complaints of unsafe or unhealthful working conditions and to referrals from any source about a workplace hazard. The OSHA Act gives each employee the right to request an OSHA inspection when the employee believes he or she is in imminent danger from a hazard or when he or she thinks that there is a violation of an OSHA standard that threatens physical well-being. OSHA will maintain confidentiality if requested and inform the employee of any action it takes regarding complaints. In certain cases, it may issue a letter requiring the employer to provide proof of compliance. These letters must be replied to OSHA expeditiously with support documents indicating compliance.

Programmed Inspections. Next priorities are programmed inspections aimed at specific high-hazard industries, workplaces, occupations, health substances, or other industries identified in OSHA’s current inspection procedures. OSHA selects industries for inspection based on factors such as injury incidence rates, previous citation history, employee exposure to toxic substances, or random selection. California requires that employers with Workers Compensation Insurance Experience Modification Rate (“X-Mod” or “EMR”) of 125% or higher receive programmed OSHA inspections.

Follow-up Inspections. A follow-up inspection determines if the employer has corrected previously cited violations. If an employer has failed to abate a violation, the compliance officer informs the employer that he or she is subject to “Failure to Abate” alleged violations. This involves proposed additional daily penalties until the employer corrects the violation.

WHAT DOES THE INSPECTION PROCESS INVOLVE?

Inspectors’ Credentials. When the OSHA compliance officer(s) arrive(s) at the establishment, he or she displays official credentials and asks to meet an appropriate employer representative. Employers should always ask to see the compliance officer’s credentials. Employers may verify the OSHA federal or state compliance officer credentials by calling the nearest federal or state OSHA office

Opening Conference. The compliance officer explains the purpose of the visit, how/why the establishment was selected and the likely scope of the inspection, and the standards that apply. Take notes. The compliance officer asks the employer to select an employer representative to accompany the compliance officer during the inspection. This person must stay with the inspector until departure from the company premises.

Limitation on OSHA Inspections. OSHA has limitations on inspection authority when visiting a place of employment. OSHA officers may try to expand the scope of inspection during the visit and, only upon informed consent, may proceed to collect evidence that can significantly increase the violations detected and related penalties. Therefore, it is critical that the employer provide OSHA access only to the location that is related to the underlying cause of inspection.  Such boundaries must be established during the opening conference with the OSHA officer.

In a recent case, the US Court of Appeals limited the scope of inspection available to OSHA.  The case involved an employee who was injured while repairing an electrical panel. The employee was hospitalized, triggering a report to OSHA under federal regulations. OSHA inspected the facility and was granted access by the employer to look at the electrical panel area. Upon request, OSHA inspectors were provided with Injury Log 300 by the employer. Upon review of Log 300, OSHA filed for a search warrant to investigate other locations at the plant where the injuries as reported on Log 300 had occurred. The search warrant was granted.

The employer filed a motion to vacate the search warrant which was granted by the District Court. OSHA appealed the lower court’s decision to the 11th Circuit Court of Appeals. The court’s appeals held that logs are merely records of injuries and not proof of OSHA violations. The mere existence of injuries, the court noted in this case, does not mean that injuries were caused by OSHA violations, nor do they justify the issuance of administrative warrant for gathering evidence of OSHA violations. Recordkeeping regulations as found in 29 CFR Part 1904 state that the recording of injuries on Log 300 does not mean that an employer is at fault or that an OSHA violation has occurred. This decision serves as guidance to employers to limit OSHA inspections to the complaint area. Unless the employer consents, a judicial warrant is required under the Fourth Amendment. If OSHA wishes to expand its search under information procured during initial inspection, the employer should seek legal counsel to limit the inspection as available under the current law. See USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018).

Walk-Through. Do not allow the inspector to veer in a direction not agreed in the scope at the opening conference! The compliance officer will observe safety, health conditions, practices; if necessary, take photos, videotapes, and/or instrument readings, examine records; collect air samples; measure noise levels; survey existing engineering controls; and monitor employee exposure to toxic fumes, gases, and dust. Be sure to take split samples for independent analysis from the inspector at the end of the walkthrough.

If the compliance officer finds a violation in open view, called the “plain view exception,” the scope of inspection now incorporates the plain view observation. The employer may shut down the area of the shop where the inspector will walk through.  The compliance officer may wish to interview employees to get their opinion on the workplace accident.  Allow consultation with available employees and employee representatives for the short time that they have available during their work shift (See, for representation, https://www.dol.gov/newsroom/releases/osha/osha20240329). If the officer demands a longer interview process, then the interviews may have to be scheduled after the work hours. In our experience, this rarely happens, i.e., the inspector does not wait beyond 5PM to complete the inspection.

During the inspection, the compliance officer will point out any unsafe or unhealthy working conditions observed. At the same time, the compliance officer will discuss possible corrective actions, if the employer desires. Some apparent violations detected by the compliance officer can be corrected immediately. When the employer corrects them on the spot, the compliance officer records such corrections to help in judging the employer’s good faith in compliance. OSHA may reduce the penalties for some types of violations if they are corrected immediately.

Closing Conference. At the conclusion of the inspection, the compliance officer conducts a closing conference with the employer.  The compliance officer gives the employer, and all other parties involved a copy of Employer Rights and Responsibilities Following an OSHA Inspection for their review and discussion. The compliance officer discusses with the employer all unsafe or unhealthy conditions observed during the inspection and indicates all apparent violations for which he or she may issue or recommend a citation and a proposed penalty. The compliance officer will inform the employer of appeal rights and request documents related to the inspection be mailed to OSHA within a specified time.  Prior to submission, discuss the documents with your counsel.  Documents may be held back for reasons of privacy or relevance.  https://www.dir.ca.gov/doshpol/Document_Request1AY_072308.pdf

CITATIONS & PENALTIES

Citations. OSHA citations inform the employer and employees of the regulations and standards alleged to have been violated, along with the proposed time frame for correcting those violations. These citations are sent by certified mail and must be posted at or near the location of the violation for three days or until the violation is abated, whichever is longer.

To appeal an OSHA citation, the employer has 15 working days from the date of receipt to file a written notice of intent to contest with the local OSHA office manager. Failure to file a timely appeal results in the citations becoming permanent, with limited recourse available to the employer.

Penalties

Type of Violation	Penalty (per violation)
SeriousOther-Than-SeriousPosting Requirements	$16,550
Failure to Abate	$16,550 per day beyond abatement date
Willful or Repeated	$165,514
Falsification of Records	$10,000 or up to 6 months imprisonment, or both
Obstructing Officers	$5,000 and up to 3 years imprisonment

Sources

What to expect: https://www.dir.ca.gov/dosh/dosh_publications/What-to-expect-from-inspection.pdf
For Inspections, Citations, and Penalties: https://www.osha.gov/laws-regs/regulations/standardnumber/1903/1903.16
Employers Rights: https://www.osha.gov/sites/default/files/publications/osha3000.pdf.  

Penalties for False Statements: https://www.osha.gov/sites/default/files/publications/OSHA4157.pdf
Penalties: https://www.osha.gov/penalties

OSHA violations are public information.  You can search violations against any employer on OSHA website: https://www.osha.gov/ords/imis/establishment.html.

DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice.   Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987.  Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997).  Our newsletters can be accessed at www.epaoshablog.com.  Your comments/questions are always welcome.  Please send them to sam@cellyservices.com.