Wildfire Smoke
On August 2nd, Oregon OSHA issued temporary rules, applying to employees exposed to wildfire smoke when the air quality index (AQI) is at or above 101. These new rules take effect on August 9, 2021 and remain in effect for 180 days. The OR OSHA rule requires employers, unless exempt from the rule, to train employees and to implement exposure controls and a communication system.
Workplaces and operations that are exempt from the rule include enclosed buildings in which the air is filtered by a mechanical ventilation system and enclosed vehicles in which the air is filtered by a cabin air filter. In both cases, doors and windows must be closed, except when it is necessary to enter or leave.
Note: This rule is different from the smoke and heat exposure addition under Oregon Sick Leave that we alerted to here.
Requirements of the rules include:
Information and Training
Beginning August 16, 2021, employers must train employees who may be exposed to AQI 101 on the following topics:
- The potential health effects of wildfire smoke, including increased risk of health effects to sensitive groups;
- The symptoms of exposure, including burning sensations in the eyes; runny nose, sore throat, cough, and difficulty breathing; and fatigue, headache, and chest pain;
- How employees can get the current and forecasted AQI level;
- How to operate and interpret any air quality monitoring device provided by the employer;
- The employer’s methods to protect workers from wildfire smoke;
- Emergency response procedures;
- The employee’s right to report health issues and obtain medical treatment without fear of retaliation;
- Two-way communication system for wildfire smoke hazards;
- The importance, limitations, and benefits of using filtering face piece respirators when provided by the employer, and how to properly put them on.
OSHA is expected to make training materials available to employers.
Communication System
The employer’s communication system must notify employees when the ambient air concentration:
- Is at or above AQI 101;
- Is at or above AQI 201;
- Is at or above AQI 500; and
- Drops below levels requiring protective measures
Exposure Controls
Employers must implement the following exposure controls:
- Whenever feasible, employers must use engineering or administrative controls to reduce employee exposure to less than AQI 201. Examples of engineering controls include enclosed buildings or vehicles where the air can be adequately filtered. Examples of administrative controls include relocating work to another outdoor location with better air quality or changing work schedules.
- Whenever employee exposure exceeds AQI 201, even after the use of engineering and/or administrative controls, employers must ensure workers wear filtering face piece respirators approved by the National Institute for Occupational Safety & Health (NIOSH), such as N95 respirators.
- Whenever employee exposure exceeds an AQI 101, employers must maintain an adequate supply of NIOSH-approved filtering face piece respirators, such as N95s, that effectively protect employees. These respirators must be provided at no cost and be readily available for voluntary use to all exposed employees upon request.
- Note: For the 2021 season, KN95s previously approved under the U.S. Food and Drug Administration’s emergency use authorization can be substituted for NIOSH-approved filtering face piece respirators for exposures below an AQI 499. However, for exposures at AQI 500 and above, only NIOSH-approved filtering face piece respirators must be used.
Employer-provided Housing Heat Rule
For Oregon employers who provide employee housing, the following heat-related rules take effect on August 9th and remain in effect for 180 days:
Cooling Areas
- If rooms where employees sleep cannot be maintained at an indoor temperature of 78 degrees or less, then employers must provide an area for occupants to cool off whenever the heat index outside the housing is at or above 80 degrees.
- The cooling areas, which need to be large enough to accommodate at least 50 percent of the occupants at any one time, can use a combination of these two approaches listed below. However, employers are encouraged to provide at least some of the required space indoors.
- Giving occupants continual access to one or more common rooms maintained at or below 78 degrees by using air conditioners, evaporative coolers, air purifiers with coolers, or other reliable means.
- Giving occupants continual access to outdoor rest areas, away from work areas or activities that could cause a hazard. Rest areas must be shaded; provide water misters, cooling vests, or equally effective means of relief; and provide adequate seating.
Minimizing Heat in Housing Units
- If rooms where people sleep are not able to maintain an indoor temperature of 78 degrees or less, employers must take steps, including:
- Maximizing the ability to keep housing cool by ensuring windows can be protected from direct sunlight during all hours of the day, which can be done through the use of artificial or natural shade including coverings to deflect radiant heat from the sun.
- Making fans available at no cost for any occupants who want to use them.
Temperature Awareness
- Employers must provide a thermometer that displays the temperature in both Fahrenheit and Celsius in each housing unit.
- In addition to training for employees and supervisors about the dangers of heat illness, employers must display the “Heat Risks in Housing” poster provided by Oregon OSHA so occupants can see it. The poster is available in both English and Spanish.
Access to Emergency Services
- Employers must ensure occupants have access to a working telephone to contact emergency services.
Please don’t hesitate to reach out if you have any questions!