OR OSHA Makes Excessive Heat & Wildfire Smoke Rules Permanent

Last August, Oregon OSHA adopted two temporary rules regarding wildfire smoke and excessive heat. On May 9, 2022, OR OSHA announced that the heat and wildfire smoke rules will become permanent. The heat rules took effect June 15th; the wildfire rules took effect July 1st.

Heat

The OR OSHA heat rules are applicable to outdoor and indoor work activities when temperatures are equal to or exceed 80 degrees. The rules require employers to provide employees with access to shade, cool or cold drinking water, and additional rest breaks when temperatures reach 90 degrees or higher. The rules also require an acclimation plan, a heat illness prevention plan, and supervisor and employer training.

The rules list the following workplace and operations as exempt:

• Incidental heat exposures where an employee is not required to perform work activities for more than 15 minutes in any 60-minute period.
• Exposures to heat generated from the work process – such as occurs in bakeries.
• All emergency operations that are directly involved in the protection of life or property, or the restoration of essential services, such as evacuation, rescue, medical, structural firefighting, law enforcement, utilities, and communications, when employees are engaged in those operations.
• Buildings and structures that have a mechanical ventilation system that keeps the heat index below 80 degrees Fahrenheit.

The rule lists the following workplaces and operations as partially exempt:

• Employers whose employees perform either “rest” or “light” workloads, as defined in the rule.
• Associated support activities for wildland firefighters, such as fire camp services and fire management, are exempt only from the acclimatization plan.
• Employees who work from home are subject only to the training requirements.

Wildfire Smoke

OR OSHA’s Wildfire Smoke rules apply when the Air Quality Index reaches 101, or moderate levels of danger. Employers are required to provide N95 face masks or other federally approved face masks to employees for voluntary use and the face masks become mandatory when the AQI reaches 251. The rules also require exposure assessments, information and training to all supervisors and employees, two-way employee and supervisor communication and exposure controls such as temporarily relocating outdoor workers indoors or to a different location.

The rules list the following workplaces and operations as exempt:

• Enclosed buildings and structures in which the air is filtered by a mechanical ventilation system and the employer ensures that windows, doors, bays, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit;
• Enclosed vehicles in which the air is filtered by a properly maintained cabin air filter system, and when the windows, doors, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit. Buses, light rails, and other enclosed vehicles used for public transit systems where doors are frequently opened to board and deboard passengers are not included under this exemption;
• When the employer predetermines that operations will be suspended to prevent employee exposure to wildfire smoke at the Air Quality Index of 101.
• Employees working from home.