There’s no doubt that compliance continues to be an ongoing challenge for small to medium-sized businesses, non-profit organizations, and churches in California this year. Without the luxury of a legal team or human resources department, it’s a challenge to wade through the mountains of legalese produced by the State to understand and implement the onslaught of new requirements. Here’s just a high-level sampling of recent regulations that impact California churches:
- AB 5 – Clarifies the Department of Labor’s stance on Employee vs. Independent Contractor as it relates to childcare workers, deeming all childcare workers as employees.
- AB 506 – Child Abuse Prevention requires organizations that work with children to have a three-pronged solution to comply with the bill: Live Scan background checks, approved mandated reporter training, and a strong policy.
- SB 1343 – Harassment Prevention requires organizations to provide approved (certification) training every two years for all employees.
- SB 553 – Workplace Violence Protection requires organizations to provide annual employee training and workplace assessments.
As of July 23, 2024, California businesses can add yet another regulatory policy to the list: the OSHA (Occupational Safety and Health Standards) approved California Code of Regulations, Title 8, section 3396, known as the Heat Illness Prevention in Indoor Places of Employment.
Why Is A Heat Illness Prevention Guidance Necessary?
According to the US Bureau of Labor Statistics, there were 56 work-related deaths from indoor heat exposure in 2020 and 36 in 2021. Per the California Department of Industrial Relations, blood vessels enlarge, causing the heart to beat faster and harder as the body overheats. In response, the body begins sweating to cool down by drawing water from the bloodstream. On average, the human body can lose up to a quart of water from an hour of heavy work. Prolonged sweating depletes the body of water and salt, resulting in dehydration. In response, the Occupational Safety and Health Standards Board approved Title 8, section 3396, requiring all California employers to establish, implement, and maintain an effective indoor heat illness prevention plan.
What Is The Heat Illness Prevention in Indoor Places of Employment?
The scope of the Heat Illness Prevention Guidance applies to indoor workplaces when the temperature exceeds 82 degrees Fahrenheit and includes providing fresh, cool, drinkable water, free of charge, located near work areas. Here are some of the requirements of the Heat Illness Prevention in Indoor Places:
- Access to Cool-Down Areas – Employers must provide at least one cool-down area under 82°F.
- Cool-Down Rest Periods – Employers must not only allow but encourage rest periods for employees to cool down.
- Assess Temperature – Employers must measure and assess when temperatures exceed 82°F or the heat index reaches 87°F and have controls in place to keep employees safe.
- Monitor Weather – Employers must train supervisors to check and respond to hot weather advisories for indoor workplaces affected by outdoor temperatures.
- Policies – Employers must document, execute, and maintain policies for emergency response for workers showing signs or symptoms of heat illness and training for workers and employees regarding heat illness prevention.
As with any workplace guidance, there are exceptions. For example, since the employer cannot control the indoor environment for remote or teleworkers, their workplace is exempt from this guidance.
With a better understanding of the “why” and “what” of California’s Heat Illness Prevention, small businesses and churches alike must find a way to develop a plan to remain in compliance.
In the next post, it’s time to discover what small businesses, non-profits, and churches must do to remain compliant.
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