Wildfire smoke

Scope

Originally created as an emergency temporary regulation, the wildfire smoke standard requires employers to take steps to protect workers from the harmful effects of wildfire smoke when the Air Quality Index reaches 151 or higher for particulate matter.

Regulatory citations

Title 8, CCR 5141.1 — Protection from Wildfire Smoke

Key definitions

• Air Quality Index (AQI): The measurement system used by the Environmental Protection Agency (EPA) to provide information on air quality in real time.
• Harmful exposure: An exposure to dusts, fumes, mists, vapors, or gases either in excess of any permissible limit or that inhalation will result in, or has a probability of resulting in, injury, illness, disease, impairment, or loss of function.
• Particulate matter (PM2.5): Particles of soot or other pollutants in wildfire smoke. These particles have an aerodynamic diameter of 2.5 micrometers or less.
• Wildfire smoke: The emissions from fires in wildlands or in adjacent developed areas.

Summary of requirements

• Determine if outdoor employees are exposed to harmful amounts of particulate matter from wildfire smoke using EPA’s Air Quality Index (or other measuring tool). EPA says harmful amounts of PM2.5 occur when the AQI reaches 151 or higher.
• Check the AQI before each shift and periodically (“as needed to protect the health of the employee”).
• Create a system for communicating the hazards of wildfire smoke (in a form that employees understand), including a way for employees to inform the employer of wildfire smoke hazards at the worksite without fear of retaliation. The system must inform employees of:
  • The current AQI for PM2.5 and
  • The protective measures available to reduce their exposures to unhealthy air.
  
  The system must also encourage employees to report:
  • Worsening air quality and
  • Any adverse symptoms that may be the result of exposure to wildfire smoke (e.g., asthma attacks, breathing difficulty)
• Train and instruct outdoor workers on the requirements in the emergency regulation. At a minimum, training must cover the information in 5141.1 Appendix B.
• Control harmful exposures using:
  • Engineering controls. Reduce exposures to PM2.5 by using engineering controls (whenever feasible) by moving workers indoors, or into structures or vehicles with filtered air.
  • Administrative controls. Whenever engineering controls are not feasible, use administrative controls, such as changing work schedules, reducing work intensity, adding rest periods, and relocating the work.
  • Personal protective equipment – respiratory control.
    • Respiratory use is voluntary when the AQI is between 151 and 500. Respirators must be NIOSH approved and labeled (N-95, N-99, N-100, R-95, P-95, or P-100).
    • Respiratory use is mandatory when the AQI reaches 500. The requirements of 8 CCR 5144 apply (including fit testing and medical evaluation requirements).

Wildfire smoke plan. Wildfire smoke and cleanup presents hazards that employers and employees in affected regions must understand. This written Wildfire Smoke Plan serves as a guide for ____ (enter company name) to protect our employees exposed to wildfire smoke, as referenced by California Code of Regulations (CCR), title 8, section 5141.1, Protection of Wildfire Smoke.

About PM2.5. Wildfire smoke contains chemicals, gases and fine particles that can harm health. The greatest hazard comes from breathing fine particles in the air, called particulate matter (PM). Major health concerns are associated with the smallest of these particles, called “PM2.5”. They are called PM2.5 because they are 2.5 microns in diameter or smaller. These small particles can irritate the lungs and cause serious or fatal health effects, such as:

• Bronchitis
• Heart failure
• Reduced lung function
• Worsening of asthma

About Current Air Quality Index (AQI). The Current AQI is the method used by the Environmental Protection Agency (EPA) to report air quality on a real-time basis. Current AQI is also referred to as the “NowCast,” and represents data collected over time periods of varying length to reflect present conditions as accurately as possible.

The Current AQI is divided into six categories:

We can determine the Current AQI by visiting U.S. Air Quality Index - Air Now, the Interagency Wildland Fire Air Quality Response Program, the U.S Forest Service, the California Air Resources Board, the local air pollution control district, the local air quality management district, or through other means outlined in this Plan.

For the sake of consistency, our preferred online method of determining the Current AQI is by visiting the following website: ____

Who must comply. We must comply with CCR, title 8, section 5141.1, as it pertains to the protection of our employees when the following conditions are in place:

1. The current Air Quality Index (AQI) for airborne PM2.5 is 151 or greater.
2. We, the employer, should reasonably anticipate that employees could be exposed to wildfire smoke.

We must take into consideration all employees, whether they work indoors or outside, and if they pose a reasonably anticipated exposure to wildfire smoke.

List all teams and/or departments, and where they spend the majority of their time (indoors or outside): ____

Determining exemption status. By answering the following questions, we are determining our exemption status to CCR, title 8, section 5141.1:

To be considered exempt from the regulation, we must answer YES or N/A to all questions. If we answered NO to any of the questions, we are considered a non-exempt employer and must act in accordance with the regulation.

Circle whether we are EXEMPT or NON-EXEMPT and proceed with this Plan accordingly.

Action’s non-exempted employers must take. As a non-exempted employer, we must take the following actions to protect our employees from unhealthy, very unhealthy, and hazardous levels of PM2.5:

• Identify harmful exposures. We must identify exposure of PM2.5 at the start of each shift and periodically thereafter, as needed to protect the health of our employees, by any of the following methods (circle the preferred method):
  1. Check AQI forecasts and the current AQI for PM2.5 from any of the websites listed previously; or
  2. Obtain AQI forecasts and the current AQI for PM2.5 directly from the U.S. EPA, the Interagency Wildland Fire Air Quality Response Program, the U.S Forest Service, the California Air Resources Board, the local air pollution control district, or the local air quality management district by telephone, email, text, or other effective method; or
  3. Measure PM2.5 levels at the worksite and convert the PM2.5 levels to the corresponding AQI in accordance with Appendix A.
  ____(enter name and/or title of person(s)) is responsible for identifying the current AQI at the start of each shift and periodically thereafter. (Attach documentation to this Plan indicating current AQI, along with date, shift start time, and any periodic testing).
• 
  We are exempt from identifying harmful exposure if:
  1. We assume the current AQI for PM2.5 is greater than 500 and complies with that which is indicated in the ‘Control of harmful exposures to employees’ section of this Plan; or
  2. In emergency operations, including rescue and evacuation, we assume the current AQI for PM2.5 is 151 or greater and comply with control of the harmful exposures to our employees by respiratory protective equipment (through the voluntary use of NIOSH-approved respirators)
• Communicate with employees. We must implement a two-way system for communicating wildfire smoke hazards in a language and manner readily understandable by all employees. This includes encouraging employees to inform us of worsening air quality and adverse symptoms that might be related to wildfire smoke without fear of reprisal.
• 
  The system shall include effective procedures for:
  1. Informing employees of:
     1. The current AQI for PM2.5.
     2. Protective measures available to employees to reduce their wildfire smoke exposures.
  2. Encouraging employees to inform us (the employer) if any of the following occurs:
     1. Worsening air quality.
     2. Adverse symptoms that may be the result of wildfire smoke exposure such as asthma attacks, difficulty breathing, and chest pain.
  ____ (enter name and/or title of person(s)) is responsible for communicating wildfire smoke hazards to our employees via our two-way communication system.
• 
  Our employees are responsible for informing ____ (enter name and/or title of person(s)) of worsening air quality and adverse symptoms via our two-way communication system.
• 
  Our preferred method of two-way communication consists of the following: ____
• Train and instruct employees. We must provide effective training, in a language and manner readily understandable by the employees, that includes at least the information contained in Appendix B of section 5141.1. Including but not limited to:
  ____ (enter name and/or title of person(s)) is responsible for conducting training. Their qualifications include: ____ (list qualifications).
  1. The health effects of wildfire smoke
  2. The right to obtain medical treatment without fear of reprisal
  3. How employees can obtain the current Air Quality Index (AQI) for PM2.5
  4. The requirements of Title 8, section 5141.1
  5. Our (the employer’s) two-way communication system
  6. Our (the employer’s) methods to protect employees from wildfire smoke
  7. The importance, limitations, and benefits of using a respirator when exposed to wildfire smoke
  8. How to properly put on and use the respirators provided by us (the employer)
• Training is done ____ (list either “in-house” or “by an outside company”).
• The company training program includes: ____ (enter the type of instruction, e.g., classroom instruction that uses lecture, discussion, video, and/or conference formats or practical instruction that uses demonstration, practical exercise and/or hands-on instruction formats).
• See the attached current copy of the training materials and the course outline. (Attach training materials and course outline to this Plan).
• After the employee has completed training and the instructor is satisfied with the amount of learning achieved (through opinion, observation, or formal assessment), the instructor will determine whether the employee can safely perform the job.
• ____ (enter name and/or title of person(s)) is responsible for keeping records certifying each employee who has successfully completed training.
• Each record/certificate should include the name of the employee, the date(s) of the training, and the signature of the person who is responsible for the training and evaluation.

• Control of harmful exposures to employees. We must reduce employees’ exposure to wildfire smoke in the following ways:
  • Engineering Controls: We shall reduce employee exposure to PM2.5 to less than a current AQI of 151 by engineering controls whenever feasible (e.g., by providing an enclosed location with filtered air.) If engineering controls are not sufficient to reduce exposure to PM2.5 to less than a current AQI of 151, then we shall reduce employee exposures to the extent feasible.
  • Administrative Controls: Whenever engineering controls are not feasible or adequate at reducing employee exposures to PM2.5 to less than a current AQI of 151, we shall use practicable administrative controls (e.g., relocating to another location where the current AWI for PM2.5 is lower, changing work schedules, reducing work intensity, or providing more rest periods.)
  • Personal Protective Equipment (i.e., Control by Respiratory Protective Equipment): We must provide a sufficient number of NIOSH-approved respirators if employees’ exposure to PM2.5 cannot be reduced to a current AQI of 150 or lower.
    1. Where the current AQI for PM2.5 is from 151 to 500: we must provide – and encourage the voluntary use of – NIOSH-approved particulate respirators (such as N95 masks) to all employees. For those employees whose only use of respirators involves the voluntary use of filtering facepieces, such a N95 masks, fit testing and medical evaluations are not required. We must ensure that:
       1. Respirators are cleaned or replaced as appropriate, stored, and maintained so that they do not present a health hazard to users.
       2. The content of Appendix B of section 5141.1 is included in employee training.
    2. Where the current AQI for PM2.5 is higher than 500: we must provide – and require – employees to use NIOSH-approved particulate respirators that will reduce employee exposure to PM2.5 to an equivalent of an AQI less than 151, as referenced in Title 8, section 5144 of the CCR.
  • To assist employers in identifying available supply, Cal/OSHA is maintaining a list of vendors who have represented they have at least 100,000 NIOSH-certified disposable N95 respirators in stock and available for delivery.
  • We acknowledge that an N95 filtering facepiece respirator is the minimum level of protection from wildfire smoke.
  • We also acknowledge that surgical masks or items worn over the nose and mouth such as scarves, t-shirts, and bandannas will not provide protection against wildfire smoke.
  • Our preferred source for NIOSH-certified disposable N95 respirators is ____
• • Emergencies: In emergency operations (rescue and evacuation; and utilities, communications, and medical operations that directly aid emergency or firefighting) we are assuming that the current AQI for PM2.5 is 151 or greater. We must provide, and encourage use of, enough NIOSH-approved respirators to all employees for voluntary use. We must ensure that respirators are cleaned or replaced as appropriate, stored, and maintained so that they do not present a health hazard to users. And the content in Appendix B of section 5141.1 is included in employee training.
• Appendices. Our company has attached the following appendices to this written Plan:
  • Appendix A to Section 5141.1. Protection from Wildfire Smoke Measuring PM2.5 Levels at the Worksite (Mandatory if an Employer Monitors with a Direct Reading Instrument)
  • Appendix B to Section 5141.1. Protection from Wildfire Smoke Information to Be Provided to Employees (Mandatory)