Heat rules in California: Title 8 section 3395

This page reports what the official source says. It is not legal advice: ask the office named here. It restates California Code of Regulations Title 8 section 3395, Heat Illness Prevention in Outdoor Places of Employment, as published by the Department of Industrial Relations, and the Cal/OSHA heat illness page, as read on October 8, 2026. The comparison of every place is on the heat rules overview.

Scope

Section 3395 applies to all outdoor places of employment. Subsection (a)(2) lists the industries subject to every provision, including the high-heat procedures: agriculture, construction, landscaping, oil and gas extraction, and transport or delivery of agricultural products, construction materials or other heavy materials. An industry not on that list is not required to comply with the high-heat procedures. The section defines landscaping as providing landscape care and maintenance services, or installing trees, shrubs, plants, lawns or gardens, except for work by an employer with a fixed establishment where drinking water is plumbed.

Triggers and requirements

Topic	What the section says
Water	Fresh, pure, suitably cool, free of charge, as close as practicable to the work. Where not plumbed, enough at the start of the shift for one quart per employee per hour
Shade above 80 degrees Fahrenheit	Shade present when the outdoor temperature exceeds 80 degrees, with enough room for the employees on rest periods to sit in a normal posture fully in the shade without touching each other
Shade at or below 80 degrees	Shade provided, or timely access to shade on request
Cool-down rest	Allowed and encouraged at all times; the employee is monitored and not ordered back to work until symptoms abate, and in no event for less than 5 minutes beyond the time to reach the shade
High-heat procedures at 95 degrees and above	Effective communication with a supervisor; observation of alertness and symptoms by a supervisor watching 20 or fewer employees, a buddy system, or regular contact with a sole worker; designated people to call emergency services; reminders to drink water; pre-shift meetings
Agriculture at 95 degrees and above	A minimum ten minute net preventative cool-down rest every two hours

The section defines temperature as the dry bulb temperature measured in an area with no shade, with the thermometer shielded from direct sun. It allows cooling measures other than shade, such as misting machines, in industries other than agriculture if the employer can demonstrate they are at least as effective.

Acclimatization, training and the plan

During a heat wave, defined as a day with a predicted high of at least 80 degrees and at least 10 degrees above the average high of the preceding five days, all employees are closely observed by a supervisor or designee. A newly assigned employee in a high heat area is closely observed for the first 14 days. Training on listed topics goes to every supervisory and non-supervisory employee before exposure, including the importance of drinking up to 4 cups of water per hour when sweating more than usual. The written heat illness prevention plan must be in English and the language understood by most employees, and cover water and shade, high-heat procedures, emergency response and acclimatization. The section notes that firing or otherwise discriminating against employees for exercising these rights violates Labor Code sections 6310, 6311 and 6312.

Indoor rule

The Cal/OSHA page says the Occupational Safety and Health Standards Board approved Title 8 section 3396, Heat Illness Prevention in Indoor Places of Employment, on June 20, 2024, applying to most workplaces where the indoor temperature reaches 82 degrees Fahrenheit. It says an employer with both indoor and outdoor workplaces can be covered by both sections.