Wildfire season is upon us, so you should have a plan to address and protect workers from wildfire smoke exposure. The U.S. Department of Labor (DOL) and Occupational and Safety and Health Administration (OSHA) recently released guidance urging employers to develop wildfire smoke plans to protect outdoor workers from exposure. Protective measures include frequently monitoring air quality conditions using a source such as the U.S. Environmental Protection Agency AirNow website, relocating or rescheduling work tasks to smoke-free areas, making accommodations for employees to work indoors with proper HVAC systems, and providing or allowing use of NIOSH-approved respirators for voluntary use.
Employers in California, Oregon, and Washington are required to comply with specific regulations to protect workers from exposure to wildfire smoke and hazardous air quality. Employers in Arizona, Idaho, and Montana aren’t subject to specific wildfire smoke rules, but nonetheless have a duty to protect workers from injury under OSHA’s general duty clause. Below is information regarding wildfire smoke regulations in California, Oregon, and Washington.
California: Cal/OSHA has published permanent regulations to protect employees from wildfire smoke exposure. Cal/OSHA’s website includes many resources, including training videos to help employers meet their training obligations under the rules. You must provide training in a language and manner readily understandable by employees. For more information, see Cal/OSHA’s wildfire smoke page.
Oregon: On May 10, 2022, Oregon OSHA adopted permanent regulations to address workers’ exposure to wildfire smoke. See our previous news article, OREGON: Permanent wildfire smoke rules effective on July 1, 2022, and Oregon OSHA’s fact sheet on permanent rules for protection from wildfire smoke.
Washington: Last year, Washington’s Department of Labor and Industries (L&I) issued emergency rules, but they expired on September 29, 2022. On May 10, 2023, L&I filed proposed rules for wildfire smoke regulations and announced public hearings later in July. Vigilant recommends that you follow last year’s wildfire smoke rules until L&I issues emergency or permanent wildfire smoke rules.
Tips: See our Model Policy, Wildfire Smoke Program, for guidance on complying with permanent California and Oregon wildfire smoke regulations and L&I’s expired rules for Washington employers. Vigilant will keep members informed of any new wildfire smoke rules in Washington, once adopted by L&I. Contact your Vigilant safety professional if you have any questions about how to protect workers from wildfire smoke. Also, keep in mind that wildfire smoke and hot weather may go hand in hand. See our Model Policy, Heat Illness Prevention in the Workplace for state-specific rules.
