['Air Programs']
['Air Quality']
07/17/2024
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In recent years, wildfires have become a major concern in California. They may be sparked by power lines, careless cigarette use, campfires, lightning, or any other number of ways. Once ignited, a combination of dry conditions, high winds, and challenging terrain means these fires may get out of control very quickly and burn hundreds of thousands of acres of land. The resulting smoke that fills the air presents a health risk to outdoor workers from the chemicals, gases, and soot.
Scope
California has its own Protection from Wildfire Smoke standard that requires employers to take steps to protect workers from the harmful effects of wildfire smoke. Federal OSHA does not have specific regulations that relate to this topic. When necessary, Federal OSHA will rely on the General Duty Clause for enforcement of any place of employment with recognized hazards that can cause or are likely to cause death or serious physical harm to their employees. Click the links below to view the applicable requirements.
General Duty Clause: Section 5(a)(1) of the OSH Act
Citations
California: Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, Article 107, 5141.1 Protection from Wildfire Smoke
A summary of the additional requirements includes the following:
- The employer must determine employee exposure to harmful amounts of particulate matter (PM2.5) for worksites covered under the regulations by checking the Air Quality Index (AQI) forecast for the current PM2.5 at the start of each shift and periodically thereafter.
- The employer must establish and implement a system for communicating wildfire smoke hazards in a language and manner readily understandable by employees, including provisions designed to encourage employees to inform the employer of wildfire smoke hazards at the worksite without fear of reprisal. This system must include effective procedures for:
- Informing employees of:
- The current Air Quality Index (AQI) for PM2.5.
- Protective measures available to employees to reduce their wildfire smoke exposures.
- Encouraging employees to inform the employer if any of the following occurs:
- Worsening air quality.
- Adverse symptoms that may be the result of wildfire smoke exposure such as asthma attacks, difficulty breathing, and chest pain.
- Informing employees of:
- The employer must provide employees with effective training and instruction in a language and manner readily understandable by employees. At a minimum, this training must contain the following information (5141.1 Appendix B):
- The health effects of wildfire smoke.
- The right to obtain medical treatment without fear of reprisal.
- How employees can obtain the current AQI for PM2.5.
- The requirements of Title 8, section 5141.1.
- The employer’s two-way 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.
- How to properly put on and use the respirators provided by the employer.
- The employer must control harmful exposures to PM2.5 using:
- Engineering controls: This can include moving workers indoors, or into structures or vehicles with filtered air.
- Administrative controls: This can include changing work schedules, reducing work intensity, providing additional rest periods, or 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).
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.