Newsom offers a compromise to protect indoor workers from heat

Apr 18 2024KFF Health News Gov. Gavin Newsom's administration has compromised on long-sought rules that would protect indoor workers from extreme heat, saying tens of thousands of prison and jail employees — and prisoners — would have to wait for relief.

It's unclear if the standards will become law in time to protect millions of other workers from summer's intensifying heat. The compromise rules must go through a 15-day public comment period, and legal reviews within 100 days, which could push implementation well into summer. But that can't even happen until the original regulation is rejected by the Office of Administrative Law, which has until next month.

California has had heat standards on the books for outdoor workers since 2005, and rules for indoor workplaces have been in the works since 2016. The proposed standards would require work sites to be cooled below 87 degrees Fahrenheit when employees are present and below 82 degrees in places where workers wear protective clothing or are exposed to radiant heat, such as furnaces. Buildings could be cooled with air conditioning, fans, misters, and other methods.

Department of Finance spokesperson H.D. Palmer couldn't promise that the compromise rules would be signed off on, but "given that the earlier correctional estimates were the issue before, not having them in the revised package would appear to address that issue," he said. Labor advocates asked board members not to exempt prisons, saying corrections workers need protection from heat, too.

Only Minnesota and Oregon have adopted heat rules for indoor workers. Legislation has stalled in Congress, and even though the Biden administration has initiated the long process of establishing national heat standards for outdoor and indoor work, they may take years to finalize.

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