Many counties in Southern California are being impacted by several fires burning within the San Bernardino National Forest, the Cleveland National Forest, and other remote areas of Los Angeles, Orange, Riverside and San Bernardino Counties. Beginning with the Line Fire that started on September 5, 2024, there has been over 100,000 acres consumed throughout the southland to date, and so far, very little containment. Local authorities are warning residents that it might take weeks before these fires are under control.
What do employers need to know?
Cal/OSHA created a Protection from Wildfire Smoke standard in 2021 under Title 8 §5141.1 and applies when employers should reasonably anticipate that employees may be exposed to wildfire smoke.
It is based on the Air Quality Index (AQI)
The AQI is divided into six levels, and it is based on the EPA’s 40 CFR, Part 58, Appendix G. The AQI considers levels of particulate matter that is 2.5 micrometers (PM2.5) or smaller at an AQI level greater than 151 to be unhealthful, at which triggers the employers to act.
The current AQI is easily available on the internet, and it updates regularly. Note that as winds shift, so does the AQI. AirNow.gov is one good source.
Most indoor environments are exempt from the requirements, but only if the indoor air is mechanically filtered, and all doors and windows remain shut (unless currently used for ingress/egress). Warehouse doors must also remain shuttered.
Most enclosed commercial vehicles are exempt from the requirement, but only if the cabin air is filtered and all doors and windows remain shut.
Employers have a duty to monitor the air quality
To protect workers, employers must monitor the air quality, modify work or provide N-95 respirators for voluntary use.
Employers have a duty to train their employees
As required by section 3203 (Injury, Illness, and Prevention Program), the employer shall 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. The system shall include effective procedures for:
(1) Informing employees of:
(A) The current AQI for PM2.5 as identified in subsection (c); and
(B) Protective measures available to employees to reduce their wildfire smoke exposures.
(2) Encouraging employees to inform the employer if any of the following occurs:
(A) Worsening air quality.
(B) Adverse symptoms that may be the result of wildfire smoke exposure such as asthma attacks, difficulty breathing, and chest pain.
CDMS’s Role:
CDMS continues to provide and update training and plan development to our California clients. For those who have written IIPPs, now might be a good time to review your current policy and include information regarding Protection from Wildfire Smoke. If you would like an assessment of your current plan, or questions about Title 8 §5141.1, please reach out to service@cdms.com.
