Cal/OSHA Announces Discussion Drafts for Revised Wildfire Smoke Protection and Heat Illness Prevention Standards

Quick Hits

• The revisions to Section 3395, the outdoor heat illness prevention regulation, provide greater details and requirements for acclimatization. The same changes are intended for Section 3396, the indoor heat illness prevention regulation.
• Both the indoor and outdoor heat draft revisions would require that the plan be distributed to new employees upon hire, during heat illness prevention training, and at least once a year.
• The draft wildfire smoke regulation would adjust the AQI table to indicate that AQI Category for PM2.5 at 301 or above (as opposed to 301 to 500) as “hazardous.” Additionally, the proposed regulation clarifies that a written respiratory protection program and fit testing are not required unless the AQI for PM2.5 exceeds 500.

Despite the fact that the federal Occupational Safety and Health Administration’s (OSHA) heat proposal draft has not been adopted (on June 16, 2025, OSHA will host a virtual public hearing on its proposed rule), Cal/OSHA appears to be moving ahead, attempting to codify aspects of the federal proposal prior to that rule’s adoption.

Next Steps

Employers interested in Cal/OSHA’s draft proposals to revise the wildfire smoke protection and heat illness prevention standards can submit written comments by July 7, 2025, to eberg@dir.ca.gov and jlandaverde@dir.ca.gov. An advisory meeting will be scheduled at a later date.

Ogletree Deakins’ Workplace Safety and Health Practice Group will have representatives attend the advisory committee meetings, will monitor developments, and will publish updates on the firm’s California and Workplace Safety and Health blogs as additional information becomes available.

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