Oregon has enacted a final rule that requires employers to take certain safety steps related to wildfire smoke exposure. The final rule took effect on July 1, 2022.
Background:
Due to an increase in wildfires, Oregon employees have faced increased health risks associated with wildfire smoke inhalation when the air quality is at or above a certain threshold.
The Details:
Under the final rule, Oregon employers must implement wildfire smoke training, monitor employee smoke exposure levels and filtering facepiece respirators use, and communicate related smoke hazards to employees.
Monitoring and Controlling Exposure:
Employers must monitor their worker’s exposure to wildfire smoke and measure the air quality when employees are, or are likely to be, exposed to certain levels of particulate matter. They must take measurements at the start of each shift and during the day as needed, and use one or more of the following methods:
- Check the current average and forecasted AQI value for PM2.5
- Monitor air quality advisories due to wildfire smoke
- Directly measure workplace air quality for PM2.5 using the testing device’s instructions
Employers must also implement safety controls whenever employees are exposed to AQI levels that meet or exceed 101, 251 and 501. See the text of the law for further details.
Training Requirements:
Employers must provide annual training to every employee that may experience exposure to certain air quality levels. The training must be provided before employees may be exposed to smoke, and be in a language and vocabulary readily understood, given in a way that facilitates employee feedback, and at a minimum, cover:
- The symptoms, risks, and acute and chronic health effects of wildfire smoke exposure (including chronic exposure);
- Information on filtering facepiece respirators, such as:
- Steps for supervisory personnel to follow when an employee reports or has symptoms indicating a need for immediate medical attention (asthma attacks, chest pain, difficulty breathing, etc.);
- An employee’s right to report health issues related to wildfire smoke exposure and get medical treatment without the fear of retaliation;
- Employer implemented protections, such as:
- How employees can obtain:
- How workers can operate and interpret smoke exposure results.
Employer Communication Requirements:
Employers must create and implement a two-way communication system to share wildfire smoke information between supervisors and employees. The system must notify exposed employees to any changes in air quality, and encourage employees to relay changes in air quality, issues with exposure control and health symptoms that may require medical attention.
Recordkeeping Requirements:
Employers must keep training records for each employee. The records must be kept for one year and include an employee’s name or ID number, training dates and each trainer’s name.
Exceptions:
The final rule exempts the following locations and circumstances from these requirements:
- Employees who work from home;
- When an employer predetermines that its operations will be suspended to prevent employee exposure to wildfire smoke (at an air quality level that meets or exceeds the threshold); or
- Enclosed buildings where the air is filtered by a ventilation system and enclosed vehicles where the air is filtered by a properly maintained cabin air filter system.
Note: Both the building and vehicles must have windows, doors, bays, and other exterior openings that are kept closed, except when necessary to briefly enter or exit.
Next Steps:
Oregon employers should:
- Train managers and supervisory personnel on the rule;
- Create and implement the two-way communication system; and
- Ensure all worksites meet the safety requirements.