Employer Responsibilities for Protecting Workers from Wildfire Smoke
As wildfires impact air quality across Los Angeles and Southern California, employers have a crucial responsibility to protect their employees from the harmful effects of wildfire smoke, particularly when air quality levels reach hazardous thresholds. Since poor air quality from wildfire smoke can happen anywhere in the state with little warning, it is essential for employers throughout California to plan ahead.
How can California employers protect their workers?
By following the guidelines set forth in California Title 8 CCR §5141.1, employers must assess and manage PM2.5 exposure, provide proper training, and implement controls to minimize risks. Ensuring a safe work environment during wildfire events not only complies with regulatory requirements but also prioritizes the health and well-being of workers. By staying informed and taking proactive steps, employers can comply with these rules and help safeguard their workforce from the dangers of wildfire smoke.
Employers are legally subject to such requirements when they anticipate that employees may be exposed to wildfire smoke, and the current Air Quality Index (AQI) for Particulate Matter 2.5 (PM2.5) is 151 or greater.
However, not all employers are subject to this rule. Exemptions include:
Enclosed buildings or structures with mechanically filtered air, with all windows, doors, bays, and other openings closed, except for regular entry/exit — such as cleanrooms, laboratories, and HVAC-controlled office buildings
Enclosed vehicles with mechanically filtered air with closed windows and doors, except for regular entry/exit
When the employer can show that the concentration in the workplace/breathing air does not exceed the level associated with an AQI of 151 or higher by measuring PM2.5 levels at the job site via direct reading particle monitor2
Affected employees are exposed for a total of one hour or less during a shift
Firefighters engaged in wildland firefighting
If the conditions above are met and the employer is not exempt, then the employer must quantify/asses/measure/monitor the employee exposure level of PM2.5 at the start of each shift and periodically throughout.
Find the Current and Rorecasted AQI
There are several methods to find the current and forecasted AQI. The easiest is to visit the EPA AirNow website by inputting your zip code, city, or state. Cal/OSHA also recommends the Interagency Wildland Fire Air Quality Response Program, U.S. Forest Service, California Air Resources Board, the local air pollution control district, and the local air quality management district.
Another option employers can use is measuring the PM2.4 levels in their worksite and converting to corresponding AQI levels. The EPA AirNow website has an AQI conversion calculator.
Provide the Employee Training
As required by California’s Injury, Illness, Prevention Program (IIPP) rule (8 CCR §3203) employers must provide training to employees regarding the hazards of wildfire smoke exposure.
Training topics for employees potentially exposed to wildfire smoke exposure should include:
The health effects of wildfire smoke
Employees' right to seek medical care without the risk of retaliation
How to obtain the current AQI for PM2.5.
The requirements of Title 8, section 5141.1.
The employer's two-way communication system
The strategies employers use to safeguard workers from wildfire smoke exposure
The importance, limitations, and benefits of using a respirator when exposed to wildfire smoke
How to don/doff and use the employer-provided respirators
Minimize Employee Risk
Employers must reduce employee exposure of PM2.5 to less than an AQI of 151. This can be achieved through implementing engineering controls, administrative controls, and providing PPE.
Air ventilation system on the ceiling in a large warehouse.
1. Implement Engineering Controls
First, the employer shall reduce the employee exposure to PM2.5 via engineering controls. This can be achieved by providing enclosed structures with mechanically filtered air, like HVAC systems. However, in worksites like outdoor construction, this type of control may be infeasible, or if it cannot solely reduce the concentration of PM2.5, then the employer can also use a combination of administrative controls and PPE.
2. Implement Administrative Controls
Administrative controls include rotating work schedules, reducing work intensity, and providing additional rest periods inside where there is an HVAC-controlled environment, like inside an office or an enclosed vehicle. These types of controls should come secondary to engineering solutions, when such solutions are feasible.
3. Provide Respirators
Last, the employer shall provide a sufficient number of respirators to exposed employees for voluntary use. Respirators must be NIOSH-approved to protect the wearers from inhalation of PM2.5, such as N95 filtering facepiece respirators and half-face respirators with appropriate filter types. Since the respirators are provided for voluntary use and not mandatory use, employers are not required to provide fit testing and medical evaluation as required by 8 CCR 5144.
The importance of protecting employees from the effects of wildfire smoke in California is significant, particularly when air quality levels reach hazardous thresholds. Employers have a critical responsibility to assess and manage PM2.5 exposure, provide adequate training, and implement effective controls to minimize risks, ensuring a safe work environment for their employees.
If your organization needs help with 8 CCR §5141.1 or simply getting started with implementing a workplace safety program, our trained professionals can assist you with maintaining regulatory compliance and keeping your employees safe. Please contact us or call (800) 508-8034 to speak with one of our safety professionals today.
Author
Claudia Rohrs, QISP
Project Manager
KERAMIDA Inc.
Contact Claudia at crohrs@keramida.com