Heat at work: your right to water, shade and rest

This page covers heat safety only. It is general information, not legal advice. Some workplaces follow different rules. For pay, breaks and your other rights, see Your rights at work.

What are the warning signs of heat illness?

Heat illness can kill. Call 911 if you or a coworker has any of these:

• Confusion, or not making sense
• Fainting, or being hard to wake
• Stumbling or trouble walking
• Throwing up
• Acting strangely
• A seizure

Your employer must act right away. A sick worker must not be left alone or sent home without first being offered first aid or medical care.

Need time off to see a doctor afterward? You may be able to use paid sick days.

What must my employer give me?

Water, a cool place to rest, training and a plan. California has two rules that protect you. One covers outdoor work (8 CCR 3395). The other covers indoor work (8 CCR 3396) and began on July 23, 2024. California's Department of Industrial Relations says the state's labor laws protect all workers, whatever their immigration status, and that it does not ask about or track immigration status.

Under both rules, your employer must:

• Give you water that is fresh, clean, cool and free, close to where you work
• Let you rest in a cool place when you need to
• Train you about heat illness before you start work in the heat
• Have a written heat plan, in English and in the language most workers understand, and show it to you at work if you ask
• Act fast if someone shows signs of heat illness, and get medical help when it is needed

What if I work outdoors?

You get water, shade and the right to rest.

Water: fresh, cool and free all day, as close to your work as possible.

Shade:

• Over 80 degrees, shade must be up the whole time workers are there.
• At 80 degrees or less, you can still ask for shade, and you must get it soon.
• There must be enough shade for everyone on a break at the same time.
• A car parked in the sun does not count as shade unless the engine and air conditioning are running.

Cool down rest:

• You may rest in the shade any time you feel you need to, to keep from getting sick.
• Your employer must let you, and must check on you while you rest.
• If you feel sick, you may not be told to go back to work until you feel better. That rest must last at least 5 minutes, not counting the time it takes to walk to the shade.

What changes at 95 degrees outside?

Some jobs must follow extra safety steps. These include farm work, construction, landscaping, oil and gas work, and hauling farm products, building materials or other heavy loads. At 95 degrees or more, the employer must:

• Make sure you can reach a supervisor quickly
• Watch workers closely, for example with a buddy system or a supervisor who watches 20 workers or fewer
• Name who is allowed to call for emergency help
• Remind workers often to drink water
• Hold a short meeting before the shift about heat safety and your right to rest

Farmworkers: at 95 degrees or more, your employer must give you a cool down rest of at least 10 minutes every 2 hours. More rest is owed if the day goes past 8 hours and again past 10 hours.

What if I work indoors?

You get water, a cool down area and rest. The indoor rule covers most indoor workplaces when it reaches 82 degrees inside while people are working.

• Water: fresh, cool and free, close to your work and to the cool down area.
• A cool down area: at least one place kept below 82 degrees, out of the sun and away from hot machines, with room for workers to sit.
• Cool down rest: rest in the cool down area when you need to. If you feel sick, the rest must last at least 5 minutes, not counting the time it takes to get there.

Your employer must do more to cool the space when:

• the temperature or the heat index reaches 87 degrees, or
• it reaches 82 degrees and you wear clothing that holds in heat, or you work near a strong heat source like an oven or furnace.

Then the employer must measure and write down the heat. They must try to cool the workplace first, for example with fans, air conditioning or shielding from hot machines. If that is not enough, they must change the work, such as more rest or work at cooler times.

What if I am new or there is a heat wave?

You must be watched closely. Your body needs time to get used to heat. In a new job in high heat, a supervisor must watch you closely for your first 14 days. During a heat wave, all workers must be watched closely.

What if I was not allowed to rest?

You may be owed an extra hour of pay. Both heat rules say a cool down rest counts as a "recovery period" under California Labor Code section 226.7. That law says:

• Your employer may not make you work during a cool down rest the heat rules give you.
• If your employer does not give you a cool down rest the rules require, they must pay you one extra hour of pay at your regular rate for that workday.
• The extra pay is one hour for each workday, even if more than one rest was missed that day.

Whether a missed rest counts can depend on what happened. So keep a record of each day: the date, how hot it was if you know, that you asked to rest or felt sick, what your supervisor said, and who saw it. Then ask the Labor Commissioner or a free workers' clinic (listed below) whether you are owed the extra pay. To claim missing pay, see How to file a wage claim.

How do I report a heat problem?

Report it to Cal/OSHA. It is free.

• By law, Cal/OSHA must keep your name confidential, unless you say otherwise.
• If you leave out your contact information, Cal/OSHA treats it as an informal complaint. Giving your contact information makes it a formal complaint.
• To file: call or email the Cal/OSHA district office near your work, Monday to Friday, 8 am to 5 pm, or use the online form. Find your office by entering the zip code of your work site.

• Retaliation for health and safety complaints (California Labor Commissioner)

Who can help?

You do not have to face this alone. These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Cal/OSHA: heat and safety complaints. To ask for an interpreter, call 833-579-0927. dir.ca.gov/dosh
• California Labor Commissioner: missed cool down pay and punishment for speaking up. Call 833-526-4636. For the steps, see How to file a wage claim. Retaliation complaints (dir.ca.gov)
• Legal Aid at Work: a free workers' rights clinic. It serves people with incomes at or below its limits, and people age 60 and over or with a developmental disability whatever their income. Help is offered in Spanish, Mandarin, Cantonese and many other languages. To make an appointment from East Palo Alto, call (415) 404-9093. Workers' Rights Clinic (Legal Aid at Work)

Your health matters more than any shift. Stay cool, speak up and look out for each other.

What should I check each hot day?