ARTICLE
14 January 2025

Important Information On California's Wildfire Workplace Safety Regulations

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Jackson Lewis P.C.

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Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
In light of recent wildfires across Southern California, employers should make sure they are familiar with California's wildfire smoke standard.
United States California Employment and HR

In light of recent wildfires across Southern California, employers should make sure they are familiar with California's wildfire smoke standard. Sadly, harmful air quality from wildfire smoke can occur anywhere in the state on short notice, so it is vital that employers prepare early.

With some exceptions, the wildfire smoke standard applies to workplaces where the air quality index is 151 (Unhealthy) or higher and where it's reasonably anticipated that employees may be exposed to wildfire smoke.

Employers can monitor the AQI using the following websites:

In addition to applying to outdoor settings, the standard also applies to indoor locations where the air is not filtered or if doors and windows are kept open, such as warehouses, packing, manufacturing, and distribution facilities.

Under the wildfire smoke standard, employers must protect employees from smoke by:

  • Monitoring the local air quality index;
  • Ensuring open communication with employees;
  • Training employees on the information contained in Appendix B to Section 5141.1;
  • Modifying the workplace, if possible, to reduce exposure to wildfire smoke; and
  • Providing proper respiratory protection, like N95 respirators, for voluntary use when work must be performed in a location with poor air quality.

Moreover, if the air quality index for particulate matter (PM) 2.5 exceeds 500 due to wildfire smoke, respirator use is mandatory. Employers must make sure employees are using respirators correctly in these situations. If employers cannot move operations and do not have access to respiratory protection, then operations may need to be stopped until the air quality improves.

To assist employers, Cal/OSHA maintains a list of vendors who report available supplies of N95 disposable respirators, which is updated regularly.

Employers should also review requirements pertaining to compensation and wildfires. The California Labor Commissioner's Office has FAQs pertaining to important employment issues that employers should consider when their employees or worksite are impacted by wildfires.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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