Washington Is Developing Wildfire Smoke Worker-Safety Rules

By Cressinda D. Schlag and Jonathan M. Minear © Jackson Lewis December 2, 2020
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wildfire smoke

Smoke from Western wildfires caused Washington state to experience some of the worst air quality in the world this year, which increased health risks to outdoor workers. In response, the state's Department of Labor & Industries' Division of Occupational Safety and Health (L&I) announced that it is developing new workplace health and safety rules on wildfire smoke exposure hazards, particularly in the construction and agriculture industries. 

Over the next several months, and following issuance of a Notice of Intent (CR-101), L&I will hold meetings to gather information from stakeholders and begin drafting an occupational health standard on wildfire smoke to be included in chapter 296-62 of the Washington Administrative Code.

While some requirements of the rule are unknown, the new rule will likely address several key issues, including:

  • Identification of potentially harmful worker exposures to wildfire smoke and related air quality conditions.
  • Communication with employees on air quality conditions, exposure risks, and required controls.
  • Employee training and instruction.
  • Required engineering and administrative controls to address potentially harmful exposures.

Washington is the second state after California to formally engage in rulemaking to protect workers from hazards related to wildfire smoke.

This new rule will add to existing (1) division guidance on appropriate dust masks and filtering facepiece respirators for protecting employees from exposures to poor air quality conditions caused by wildfire smoke, and (2) guidance from the state's Department of Health about reducing exposure to wildfire smoke.

Employers in Washington who have outdoor operations should keep an eye out for division-led stakeholder meetings, requests for public comment and draft versions of a proposed wildfire rule. 

Cressinda D. Schlag is an attorney with Jackson Lewis in Austin, Texas. Jonathan M. Minear is an attorney with Jackson Lewis in Seattle. © 2020 Jackson Lewis. All rights reserved. Reposted with permission. 

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