Wind and dry conditions have contributed to several wildfires springing up in California this week, jumpstarting California’s peak fire season. Though wildfires are a year-round danger in California, peak fire season generally runs from May through late October or November — but it can start earlier, unfortunately, as it did this year with the Springs and Crown fires that hit Southern California in April.
Not only do wildfires create immediate danger to surrounding areas within reach of the actual flames, but they also create substantial long-range air quality hazards with smoke spreading harmful chemicals, gases and fine particles over long distances. When wildfire smoke drifts into workplaces, it’s important for employers to review their obligations to protect workers from unhealthy air under the Division of Occupational Safety and Health’s (Cal/OSHA) wildfire smoke regulation.
Employers whose workplace may be affected by wildfire smoke are required to comply with the regulation unless:
- The worksite is a completely enclosed building or vehicle with mechanical ventilation, windows and doors that remain closed except when necessary to enter and exit the building or vehicle; or
- The employee’s exposure is limited to one cumulative hour or shorter during their shift; or
- The employee is a firefighter engaged in wildland firefighting.
Employers covered by the regulation must monitor the Air Quality Index (AQI) for levels of a particulate matter called PM 2.5, which consists of fine inhalable particles that are 2.5 micrometers wide — about 1/30 the width of a human hair — that can cause serious health problems.
Employers can monitor AQI through the U.S. Environment Protection Agency’s AirNow website, amongst other resources.
If the AQI for a worksite exceeds 150 for PM 2.5, employers must:
- Inform employees of the AQI and protective measures available to them.
- Provide training and instruction on the information described in section 5141.1 Appendix B of the regulation.
- Immediately act to reduce worker exposure to wildfire smoke by relocating workers either to an enclosed building with mechanical filtration or to another outdoor location where the AQI for PM 2.5 is lower than 150, if feasible.
Additionally, when the AQI for PM 2.5 is between 151 and 500, employers must offer — for voluntary use — respiratory equipment such as N95 masks. If the AQI for PM 2.5 exceeds 500, respirator use is mandatory, and employers must ensure a proper mask fit so that the worker is medically able to wear a respirator while working.
As we move into summer, employers that may be impacted by wildfire smoke should review their procedures to ensure they are prepared. Cal/OSHA maintains a wildfire safety resource page with more information about complying with the regulation.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber
CalChamber members can read more about the Wildfire Smoke Regulation in the HR Library. Not a member? Learn more about how HRCalifornia can help you.
