Wildfire Smoke Regulation

Affected Workplaces

The regulation applies to workplaces where the Air Quality Index (AQI) reaches a certain level (see Monitoring Air Quality Index below), but it creates exemptions for certain workplaces and operations, including:

• Enclosed buildings and vehicles with air filtered by a mechanical ventilation system with the windows, doors, and other openings kept closed, except when necessary to enter or exit the building or vehicle;
• Firefighters engaged in wildland firefighting; and
• Employees with only short-term exposure to the smoke (less than one hour).

The regulation primarily affects outdoor occupations and industries, including, for example, agriculture, construction, maintenance and landscaping. Beyond these obvious industries, however, the regulation will likely have a very broad reach. The exemption for short-term exposure is phrased in such a way that if an employee is outdoors for more than one hour in a shift, the regulation applies. That means a cumulative hour or more outside over the course of a shift, not a solid hour, will trigger the compliance requirements.

The regulation could also include employers whose employees are intermittently exposed to outside air. For example, delivery jobs or certain warehouse jobs where employees might move in and out of doors could fall under the emergency regulation.

Even an employer with no outdoor employees should be cautious, as the regulation could also apply to high traffic indoor worksites such as restaurants or banks where doors are consistently opened and allow in outside air.

• Employers should consult with legal counsel to determine if they fall into an exemption.

Monitoring Air Quality Index

The new regulation is triggered by the AQI level for PM 2.5 (particulate matter with an aerodynamic diameter of 2.5 micrometers or smaller; these are essentially tiny particles in the air that reduce visibility and, when levels are elevated, make the air appear hazy). Employers are required to monitor the AQI at worksites covered by the regulation for PM 2.5 before each shift and “periodically thereafter, as needed to protect the health of the employee[s].”

If the AQI for PM 2.5 is greater than 150 and the employer “reasonably anticipates” that employees will be exposed to wildfire smoke, then employers must reduce the employees’ exposure to the smoke (see Reducing Exposure below).

Employers can check current and forecasted AQI using websites such as the U.S. EPA AirNow website, the Interagency Wildland Fire Air Quality Response Program website or the California Air Resources Board website, to name a few.

• Employers should be familiar with these resources and how to look for and read the relevant information, and remember to look specifically for PM 2.5 levels as other air pollutants, such as ozone, are measured as well.

Employers also may measure PM 2.5 levels themselves using a direct reading instrument at a specific worksite and ultimately determine the AQI, but per Appendix A of the regulation, the employer must be able to demonstrate that the instrument doesn’t underestimate exposure. Appendix A also describes specific standards for direct monitoring equipment and includes a PM 2.5 to AQI conversion chart. Importantly, it also specifies that the person supervising or conducting the direct monitoring must have sufficient training or experience to apply Appendix A subsection (e) and ensure correct use of the monitor and interpretation of the results.

• Employers wishing to use direct monitoring should consult with legal counsel to ensure compliance.

Reducing Exposure to Smoke When AQI is Above 150

Once the AQI at a worksite exceeds 150 for PM 2.5, the employer must act immediately to reduce exposure to the wildfire smoke, and the regulation provides some flexibility on how employers may do so.

Depending on the worksite and conditions, employers may relocate employees to enclosed buildings with filtered air; this is called the “engineering control” method. When this method isn’t feasible, employers may move employees to another outdoor location where the AQI for PM 2.5 is 150 or lower, if practicable; this is called the “administrative control” method.

Additionally, where the AQI for PM 2.5 is between 151 and 500, employers must give employees the option to use air respirators approved by the National Institute for Occupational Safety and Health (NIOSH), such as N95s. N95s are inexpensive respirators that can be obtained online or from local hardware/home improvement stores. Training for the optional use of respirators is required and included in Appendix B of the regulation.

If the AQI exceeds 500, respirator use is mandatory, except in certain emergency operations specified in the regulation. Employers must also comply with the burdensome respiratory protection requirements contained in section 5144, including fit testing and medical evaluations. The regulation also specifies that if facial hair interferes with the respirator seal and compromises its protection, then workers with facial hair may wear loose-fitting, powered air purifying respirators.

• Employers should develop and maintain strategies for reducing smoke exposure at their worksites in the event of a wildfire, considering whether engineering or administrative control methods are feasible based on their specific circumstances. To the extent possible, employers should also consider stocking up on air respirators, enough to cover multiple shifts, especially if they have outdoor employees. Employers should maintain a wildfire smoke exposure policy and train their supervisors to ensure timely compliance when a wildfire occurs.

Communication and Training Requirements

The regulation requires employers to integrate/supplement their Injury and Illness Prevention Plans (IIPP) with a system of communicating wildfire smoke information, as well as some training and instruction related to wildfire smoke. (The regulation specifically states that this information is required by section 3203, which is the regulation requiring all employers to establish an IIPP to prevent workplace injury and illness. See CCR Title 8 § 3203.)

Communication: The emergency regulation’s communication requirements are fairly simple. Employers at affected worksites must establish a system for communicating wildfire smoke hazards to employees, including the AQI level for PM 2.5 and protective measures available to them. Employers must also encourage employees to keep them informed about worsening air quality and any adverse symptoms that may result from wildfire smoke exposure. Basically, employers and employees must communicate with each other about smoke in the air, adverse effects, the AQI level, and the protective measures available, for example, moving employees indoors or to a different location, or that air respirators are available for use.

Training: The regulation also requires employers to train and instruct employees on specific information found in Appendix B to the regulation, including:

• The health effects of wildfire smoke;
• The right to obtain medical treatment without fear of reprisal;
• How employees can obtain the current AQI information;
• The requirements of the emergency regulation;
• The employer’s communication system;
• The employer’s methods to protect employees from wildfire smoke;
• The importance, limitations, and benefits of using a respirator when exposed to wildfire smoke; and
• How to use the respirators provided by the employer.

The above information is contained in greater detail in Appendix B of the approved regulation.

• Employers should review the information in Appendix B, supplement their IIPPs, and continue to train and instruct their employees in compliance with this regulation.

Employers can read more about the regulation and wildfire safety on Cal/OSHA’s Worker Safety and Health in Wildfire Regions website.