Jul 16, 2025California ag employers push back on proposed Cal/OSHA heat, smoke rules
California agricultural employers are raising concerns over proposed changes to workplace safety regulations they say could hinder productivity and increase compliance burdens without delivering meaningful improvements in worker safety.
The California Division of Occupational Safety and Health (Cal/OSHA) has released proposed revisions to two key standards: the Heat Illness Prevention Standard and the Protection from Wildfire Smoke Standard. These changes stem from Assembly Bill 2243, which was passed in 2022 and directed the agency to update its rules.
Heat illness proposals draw fire
Under the proposed updates to Title 8 sections 3395 and 3396, new and returning outdoor workers would face mandatory acclimatization schedules any time temperatures exceed 80° F. For indoor workplaces, the threshold is 87° F.
New employees would be limited to 20% of their normal workload on the first day, increasing to 80% by the fourth day. Returning employees — defined as those absent for more than 14 days — would start at 50% capacity on day one and reach 80% by day three. These restrictions could apply for half the year in some areas of the state, including the Central Valley.
Employers would need to document a worker’s recent heat exposure to bypass the restrictions. They would also be required to distribute their written Heat Illness Prevention Plans in multiple languages at hiring, during training and at least once per year.
Industry representatives argue that the proposed measures are too rigid and fail to account for the operational realities of agriculture. They note that growers already provide shade, water, training and flexible scheduling to protect workers during hot weather.
The Western Tree Nut Association (WTNA) submitted formal comments opposing the changes during the public comment period.
Smoke rule changes raise equity concerns
The proposed revisions to Cal/OSHA’s wildfire smoke standard (§5141.1) would also expand employer responsibilities. Under the plan, agricultural employers must provide NIOSH-approved respirators such as N95s to workers when the air quality index (AQI) for fine particulate matter (PM2.5) reaches 151 and require their use when AQI exceeds 300. If AQI surpasses 500, employers must implement real-time monitoring and provide medical evaluations for respirator use.
However, other industries with outdoor workers are subject to different thresholds. Non-agricultural employers would be required to provide respirators at AQI 151 but only mandate their use at AQI 500, prompting questions from ag advocates about fairness and scientific justification.
Critics argue the proposed rule could create logistical challenges related to respirator supply, storage and training, especially for smaller operations. They say a more flexible, risk-based approach would better serve worker safety without imposing undue economic burdens.
Cal/OSHA has not yet issued a timeline for final adoption of the proposed rules.
Representatives from industry groups, including the WTNA, say they will continue to advocate for science-based, workable standards that prioritize both worker health and agricultural viability.
