What Cal/OSHA's heat illness standard requires of outdoor exterior cleaning crews, and what property managers should expect to see on site.
Title 8 §3395 Applies To All Outdoor Places Of Employment, Including Window Cleaning, Pressure Washing And Solar Panel Cleaning. This Paper Summarizes Its Water, Shade, Rest, Training And Written Plan Requirements.
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California's heat illness standard, Title 8 §3395, applies to all outdoor places of employment, including exterior window cleaning, pressure washing and solar panel cleaning. It sets requirements for water, shade, cool-down rest, acclimatization, training and a written plan. This paper summarizes the rule from its text so property and safety managers know what a compliant outdoor crew should look like on their site.
Key Points
- All Outdoor Work: §3395 "shall apply to all outdoor places of employment." T8 §3395(a)(1)
- Water: Enough fresh, pure, suitably cool water for one quart per employee per hour, free of charge. §3395(c)
- 80°F Shade Trigger: Shade must be present when the temperature exceeds 80°F. §3395(d)(1)
- 95°F High-Heat Procedures: Required at 95°F or above for listed industries, such as construction and landscaping. §3395(a)(2), (e)
- Written Plan: A written Heat Illness Prevention Plan, which may sit within the §3203 IIPP. §3395(i)
§3395 Triggers
| Temperature | Requirement | Source |
|---|---|---|
| Any Temperature | Water; preventative cool-down rest in shade on request | §3395(c), (d)(3) |
| Above 80°F | Shade present at all times while employees are present | §3395(d)(1) |
| Heat Wave (≥80°F And ≥10°F Above Prior 5-Day Average High) | All employees closely observed | §3395(g)(1) |
| 95°F Or Above | High-heat procedures (listed industries) | §3395(e) |
The high-heat procedures in subsection (e) apply to the industries listed in (a)(2): agriculture, construction, landscaping, oil and gas extraction, and certain transportation or delivery. Employers outside those industries are not required to comply with subsection (e), though all other provisions still apply. §3395(a)
Water, Shade, Rest, Acclimatization
Water
Water must be "fresh, pure, suitably cool, and provided to employees free of charge," located as close as practicable to the work. Where it is not plumbed, enough must be on hand at the start of the shift for one quart per employee per hour, unless effective replenishment procedures exist. §3395(c)
Shade And Cool-Down Rest
Above 80°F the employer must maintain shade open to the air or ventilated. Employees must be allowed and encouraged to take a preventative cool-down rest in the shade, must be monitored for symptoms, and may not be ordered back to work until symptoms have abated. §3395(d)
High-Heat Procedures
At 95°F or above, covered employers must maintain effective communication, observe employees for signs of heat illness (for example, a supervisor observing 20 or fewer employees, or a mandatory buddy system), remind workers to drink water, and hold pre-shift meetings reviewing the procedures. §3395(e)
Acclimatization
All employees must be closely observed during a heat wave, and an employee newly assigned to a high heat area must be closely observed for the first 14 days. §3395(g)
Written Plan
Employers must keep a written Heat Illness Prevention Plan in English and in the language understood by most employees, available at the worksite. It must cover water and shade, high-heat procedures, emergency response and acclimatization, and may be part of the Injury and Illness Prevention Program that §3203 requires every employer to keep in writing. §3395(i); §3203(a) Training on risk factors, water intake, acclimatization and symptoms must happen before exposure. §3395(h)
What Clients Should See On Site
| On-Site Check | Basis |
|---|---|
| Water Near The Work Area | §3395(c) |
| Shade Available Above 80°F | §3395(d) |
| Written Plan Available On Request | §3395(i) |
| Supervisor Or Buddy Observation In Heat Waves | §3395(e), (g) |
| Flexible Scheduling On Hot Days | Client coordination |
Clients can help by allowing early starts in hot weather and pointing crews to shaded areas on the property.
Sources
- Cal. Code Regs. Title 8 §3395. dir.ca.gov/title8/3395.html
- Cal. Code Regs. Title 8 §3203. dir.ca.gov/title8/3203.html
- Cal/OSHA, Heat Illness Prevention. dir.ca.gov/dosh/heatillnessinfo.html
This paper summarizes regulations and agency guidance for general information and is not legal advice. Requirements may change and vary by city; consult the current text, your local agency and qualified professionals.
