The California Occupational Safety and Health Standards Board of the Department of Industrial Relations issued an emergency regulation requiring protection for employees exposed to smoke from wildfires. The regulation took effect on July 30 (see Protecting Outdoor Workers Exposed to Smoke from Wildfires.)

The result of a petition submitted in November 2018 by California Labor Federation and WorkSafe, the regulation will be effective through Jan. 18 but can be renewed for an additional 180 days. While the emergency regulation is in effect, the Division of Occupational Safety and Health (Cal/OSHA) will conduct a rulemaking to create a permanent wildfire smoke regulation.

You can read the text of the emergency regulation at this link: dir.ca.gov/oshsb/documents/Protection-from-Wildfire-Smoke-Emergency-apprvdtxt.pdf.

Compliance with the Regulation

Employers must protect employees from exposure to wildfire smoke under these conditions:

• An Air Quality Index (AQI) greater than 150 (Hazardous for Sensitive Groups) resulting from the presence of particulate matter of 2.5 micrometers or smaller (PM2.5; the regulation is not triggered by the presence of other pollutants (ozone, for example) that might result in an AQI of 150 or greater; and,
• The employer should “reasonably anticipate” that employees may be exposed to wildfire smoke.

You can obtain information about current air quality conditions at:

• US EPA AirNow.
• US Forest Service Wildland Air Quality Response Program.
• California Air Resources Board.

Exemptions

• Workplaces in enclosed buildings or vehicles with filtered air supplies.
• Employees who are exposed for a total of one hour or less during a shift.

Employee Communication and Training

• Communicate information in a manner readily understandable by all affected employees.
• Encourage employees to communicate to you about possible wildfire smoke hazards without fear of reprisal.
• Inform employees about the current PM2.5 AQI and protective measures available to them to reduce wildfire smoke exposures.
• Encourage employees to inform you about worsening air quality and any adverse symptoms experienced due to wildfire smoke exposure, including asthma, breathing difficulty and chest pain.
• Provide effective training and instruction using the regulation’s Appendix B (regulatory text linked above in English and Spanish includes Appendix B); this can take the form of workplace training similar to other types of safety trainings you provide employees.

Control of Wildfire Smoke Exposure

• Check air quality at the location where employees will be working, both before and periodically during each shift, particularly if you have reason to believe the air quality might be such that it would trigger the regulation.
• Use engineering controls (where feasible): providing enclosed buildings, structures, or vehicles with filtered air.
• Use administrative controls (if practicable) where engineering controls are infeasible or cannot reduce PM2.5 exposure to AQI 150 or less: relocating work to a location where AQI is 150 or less for PM2.5, change work schedules to allow work when air quality is not hazardous, reduce work intensity, or provide additional rest periods.
• Use respiratory protection equipment (respirators) where engineering controls are infeasible and administrative controls are not practicable to reduce exposures to below AQI 150 for PM2.5.
• Use NIOSH-approved respirators such as N95 respirators (see N95 Mask Commonly Asked Ques-tions, California Office of Emergency Services).
• Provide respirators for voluntary use and encourage employees to use them.
• Respirator use requirements such as fit-testing and medical evaluation are not required for respirators provided for voluntary use under this regulation.
• Use the regulation’s Appendix B, to train employees and make it available to them in their preferred language. (Note that subsection (g)(s) of Appendix B states: The manufacturer’s instructions for medical evaluations, fit testing, and shaving should also be followed, although doing so is not required by Title 8, section 5141.1 for voluntary use of filtering facepiece respirators.)

N95 respirators are generally readily available, but supplies might be short during a wildfire, so be prepared. You can order them from any of several online sources such as:

Uline: uline.com/Product/Detail/S-9632/Dust-Masks-and-Respirators/Uline-N95-Standard-Industrial-Respirator

Amazon: amazon.com/s?k=n95+ respirator+face+mask 

Gempler’s: gemplers.com/products/ gemplers-n95-particulate-respirator

Grainger: grainger.com/product/ 3M -N95-Disposable-Respirator-3KP43

When AQI exceeds 500 from PM2.5 during a wildfire smoke event, you must comply with respirator use regulations as specified in General Industry Safety Order 5144, Respiratory Protection. GISO 5144:

• Requires the use of feasible engineering controls;
• Requires the use of respirators when engineering controls are in-feasible or while they are being instituted;
• Requires medical evaluation and fit testing for mandatory respirator use;
• Imposes respirator selection criteria; and
• Requires implementation of a written respiratory protection program that includes fit testing and medical evaluation.

AQI exceeding 500 for PM2.5 has been seen for relatively short periods in past wildfires. Given the likely short duration of such conditions and the time-consuming administrative burdens of complying with GISO 5144, you might choose to cease operations until the AQI for PM2.5 drops below 500, at which time you may resume operations under GISO 5141.1

Inside the fold of this month’s issue of FELS Newsletter is a helpful tailgate safety training sheet and materials to assist you in complying with the emergency regulation Protection from Wildfire Smoke.