Seyfarth Synopsis: On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom at the conclusion of the 2021-22 legislative session.

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Seyfarth Synopsis: On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom at the conclusion of the 2021-22 legislative session. These proposed changes alter how employers must respond to heat hazards, and introduce new requirements for acclimatization, training, and plan distribution. Public comments are due by July 7, 2025.

Background

Signed into law in 2022, Assembly Bill 2243 directed Cal/OSHA to strengthen protections for outdoor workers exposed to heat and wildfire smoke. AB 2243 originally proposed an "ultrahigh heat" standard but was ultimately revised to focus on two main objectives for outdoor heat:

1. Requiring Cal/OSHA to consider updates related to acclimatization and the distribution of Heat Illness Prevention Plans (HIPPs).
2. Updating wildfire smoke protections for farmworkers, particularly the AQI threshold for mandatory respiratory protection. Cal/OSHA has yet to propose draft changes addressing this....

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