Wildfires continue to rage across Southern California, with at least 11 people dead and the destructions of more than 12,000 buildings. Local evacuation orders have been executed for hundreds of thousands of residents. The City of Los Angeles has declared a Local Emergency Response.
Wildfire smoke is made up of harmful chemicals and small particles suspended in the air that present a significant health hazard for those who are exposed to it. These particles can irritate the lungs and cause serious or even fatal health effects, such as:
- Reduced lung function
- Bronchitis
- Worsening of asthma
- Heart failure
In light of these disastrous wildfires in Southern California, employers should be sure they understand California’s wildfire smoke standard. With the vast area burning, harmful air quality from wildfire smoke can be present anywhere in the state. As a consequence, employers should be prepared. Generally, the wildfire smoke standard applies to workplaces where the current Air Quality Index (current AQI) for PM2.5 is 151 or greater, regardless of the AQI for other pollutants, and where it’s reasonable that workers could encounter wildfire smoke.
This standard applies to indoor locations where the air isn’t filtered or if doors and windows are kept open, e.g., warehouses, packing, manufacturing, and distribution facilities.
What Must Employers Do?
Under the California wildfire smoke standard, employers must protect employees from smoke by:
- Monitoring the local air quality index;
- Providing training to employees on the information in Appendix B to Section 5141.1;
- Making sure there’s open communication with employees;
- Altering the workplace (when feasible) to decrease the exposure to wildfire smoke; and
- Providing proper respiratory protection (such as N95 respirators) for voluntary use when work must be done where there’s poor air quality; however, fit testing and medical evaluations are not required by the wildfire smoke standard.
Mandatory Respirator Use. Note that when the air quality index for particulate matter (PM) 2.5 exceeds 500 due to wildfire smoke, the use of respirators is mandatory. Employers must make certain that their employees use respirators correctly in these situations. If employers are unable to move operations and don’t have access to respiratory protection, operations may need to be halted until the air quality improves.
Which Employers are Exempt from the Regulation?
Employers with workplaces and operations in any of the following conditions are exempt from complying with the wildfire smoke standard:
- Enclosed buildings or structures where air is filtered by a mechanical ventilation system, and the employer is certain that windows, doors, bays and other openings are kept closed, except when it’s necessary to open doors to enter or exit;
- Enclosed vehicles where air is filtered by a cabin air filter, and the employer ensures that windows, doors and other openings are kept closed, except when it’s necessary to open doors to enter or exit the vehicle;
- The employer shows that the concentration of PM2.5 in the air doesn’t exceed a concentration that corresponds to a current AQI of 151 or greater by measuring PM2.5 levels at the worksite;
- Employees exposed to a current AQI for PM2.5 of 151 or greater for a total of one hour or less during a shift: and
- Firefighters engaged in wildland firefighting.
Where Can Employers Get AQI Information?
Employers can monitor the AQI using the following websites:
- U.S. EPA AirNow;
- California Air Resources Board;
- The Los Angeles Fire Department; and
- Other local air pollution control districts.
Takeaway
Employers in Southern California should be sure they understand California’s wildfire smoke standard and be aware of important employment issues that they might face when their employees or work locations are affected by wildfires.
Contact us to discuss any compliance questions and to determine if your present employment policies should be updated or whether new employment policies should be drafted, especially in light of the tragic recent events.