New Rules Require Employers to Provide IIPP upon Request

work safety IIPP

New Cal/OSHA regulations will require employers to provide access to their injury and illness prevention programs upon request.

Under the new rule, which is expected to take effect in April, employers will be required to provide a copy of their IIPP within five days upon an employee’s or an employee’s representative’s (a lawyer’s) request. The employer can provide it in electronic or printed form.

That said, the new rule excludes requests for records of the steps the employer has taken to implement and maintain the IIPP. This was excluded at the behest of employers who raised concerns that allowing such requests would give attorneys a green light to file requests in hopes of discovering errors or “improprieties.”

Despite the current absence of a rule, many employers already provide employees access to the IIPP through the availability of printed and/or electronic copies.

“For employers that do not currently provide such access, they will need to ensure that employees can access a free copy of the IIPP directly or through a designated representative upon request,” Cal/OSHA’s board staff wrote in the “Final Statement of Reasons” for the rulemaking package. “As such, providing access need not be a complex procedure requiring costly development.”

Employer groups had lobbied for a 10-day window for providing the IIPP, while labor groups wanted a faster timeline of just 48 hours. The board compromised with the five-day rule.

The rule was needed because the current IIPP standard does not explicitly state that employees should have access to their company’s IIPP.

Current IIPP standard

Every employer in California is required to have an effective IIPP. This basic safety program for your workplace addresses the hazards your employees face at work each day, and it must be in writing.

Cal/OSHA has a guide for creating an IIPP.

But, you should not just create an IIPP because you have to. Going through the process of creating an IIPP ― as well as updating it periodically ― can also help your organization by:

  • Preventing workplace injuries.
  • Reducing your workers’ compensation insurance rates.
  • Helping you to find ways to boost your workflow.
  • Improving the bottom line of your business.

Elements of an effective IIPP

  • The plan is in writing and reflects what you actually do.
  • A point-person, who is in charge of managing the IIPP process.
  • Input from department heads as well as rank and file employees when updating or creating your IIPP.
  • Requiring that everyone follows the rules of the program.
  • A system for reliable, prompt communication between supervisors and line employees on safety.
  • Conducting regular inspections to identify hazards.
  • A framework for investigating accidents and illnesses, to discover the cause and to prevent recurrence.
  • Requiring that hazards are corrected promptly when found.
  • A regimen for training employees on the hazards they may encounter at work.
  • Documentation of training and workplace inspections.

Employer Guide for Dealing with the Coronavirus

coronavirus

As the outbreak of the 2019 novel coronavirus gains momentum and potentially begins to spread in North America, employers will have to start considering what steps they can take to protect their workers while fulfilling their legal obligations.

Employers are in a difficult position because it is likely that the workplace would be a significant source of transmission among people. And if you have employees in occupations that may be of higher risk of contracting the virus, you could be required to take certain measures to comply with OSHA’s General Duty Clause.

On top of that, if you have workers who come down with the virus, you will need to consider how you’re going to deal with sick leave issues. Additionally, workers who are sick or have a family member who is stricken may ask to take time off under the Family Medical Leave Act.

Coronavirus explained

According to the Centers for Disease Control, the virus is transmitted between humans from coughing, sneezing and touching, and it enters through the eyes, nose and mouth.

Symptoms include a runny nose, a cough, a sore throat, and high temperature. After two to 14 days, patients will develop a dry cough and mild breathing difficulty. Victims also can experience body aching, gastrointestinal distress and diarrhea.

Severe symptoms include a temperature of at least 100.4ºF, pneumonia, and kidney failure.

Employer concerns

OSHA — OSHA’s General Duty Clause requires an employer to protect its employees against “recognized hazards” to safety or health which may cause serious injury or death.

According to an analysis by the law firm Seyfarth Shaw: If OSHA can establish that employees at a worksite are reasonably likely to be “exposed” to the virus  (likely workers such as health care providers, emergency responders, transportation workers), OSHA could require the employer to develop a plan with procedures to protects its employees.

Protected activity — If you have an employee who refuses to work if they believe they are at risk of contracting the coronavirus in the workplace due to the actual presence or probability that it is present there, what do you do?

Under OSHA’s whistleblower statutes, the employee’s refusal to work could be construed as “protected activity,” which prohibits employers from taking adverse action against them for their refusal to work.

Family and Medical Leave Act — Under the FMLA, an employee working for an employer with 50 or more workers is eligible for up to 12 weeks of unpaid leave if they have a serious health condition. The same applies if an employee has a family member who has been stricken by coronavirus and they need to care for them.

The virus would likely qualify as a serious health condition under the FMLA, which would warrant unpaid leave.

What to do

Here’s what health and safety experts are recommending you do now:

  • Consider restricting foreign business trips to affected areas for your employees.
  • Perform medical inquiries to the extent legally permitted.
  • Impose potential quarantines for employees who have traveled to affected areas. Ask them to get a fitness-for-duty note from their doctor before returning to work.
  • Educate your staff about how to reduce the chances of them contracting the virus, as well as what to do if they suspect they have caught it.

If you have an employee you suspect has caught the virus, experts recommend that you:

  • Advise them to stay home until symptoms have run their course.
  • Advise them to seek out medical care.
  • Make sure they avoid contact with others.
  • Contact the CDC and local health department immediately.
  • Contact a hazmat company to clean and disinfect the workplace.
  • Grant leaves of absence and work from home options for anyone who has come down with the coronavirus.

If there is a massive outbreak in society, consider whether or not to continue operating. If you plan to continue, put a plan in place. You may want to:

  • Set a plan ahead of time for how to continue operations.
  • Assess your staffing needs in case of a pandemic.
  • Consider alternative work sites or allowing staff to work from home.
  • Stay in touch with vendors and suppliers to see how they are coping.
  • Consider seeking out alternative vendors should yours suddenly be unable to work.

Car Crashes a Leading Cause of High-severity Claims

safe driving

Traffic accidents continue to be one of the leading causes of high-severity workers’ comp claims, according to research.

The National Council on Compensation Insurance found in a study that the cost of workers’ comp claims for accidents involving motor vehicles was 250% more than the average for all workplace accidents.

The study also found large differences between the cost of claims involving large trucks and passenger cars, as well as a reduction in the number of accidents during economic recessions. Besides a threat to other drivers on the road, any injuries your employees suffer while on driving for you on the job will end up being paid for by your workers’ comp policy as well any time missed from work due to the injury.

The study found:

  • While the frequency of truck fatalities is now very similar to the frequency of passenger vehicle fatalities, the frequency of non-fatal injuries is higher for passenger vehicles.
  • Motor vehicle accidents are more likely to result in multiple claims, and claims costs are higher for claims from multiple-claim events.
  • Motor vehicle accident claims are more severe than the average workers’ compensation claim.
  • Vehicle accidents affect a wide range of occupations other than just truckers.
  • Neck injuries are among the top diagnoses.
  • The duration of motor vehicle accident workers’ comp claims is more than a third longer than the average claim.
  • There is a significant amount of subrogation in workers’ comp traffic accident claims, with such claims accounting for more than half of all claims with subrogation.
  • Motor vehicle claims are three times as likely to involve a claimant attorney compared with other claims.
  • Distracted driving continues to be a leading cause of accidents and close calls.

Safe-driving rules for your staff

Encourage your employees to drive safely and abide by the safety rules you establish.

A good set of rules, drawn up by OSHA and which should be in writing for your employees, is:

  • Wear a seat belt at all times – driver and passenger(s).
  • Be well-rested before driving.
  • Avoid taking medications that make you drowsy.
  • Set a realistic goal for the number of miles that you can drive safely each day.
  • Do not use a cell phone while driving, unless you are wearing a hands-free device. Do not send text messages.
  • Avoid distractions, such as adjusting the radio or other controls, eating or drinking.
  • Continually search the roadway to be alert to situations requiring quick action.
  • Stop about every two hours for a break. Get out of the vehicle to stretch, take a walk, and get refreshed.
  • Keep your cool in traffic!
  • Be patient and courteous to other drivers.
  • Do not take other drivers’ actions personally.
  • Reduce your stress by planning your route ahead of time (bring maps and directions), allowing plenty of travel time, and avoiding crowded roadways and busy driving times.

More Firms Being Sued for Discrimination over Medical Marijuana

medical marijuana

More and more companies are being sued for discrimination by job applicants who have legally been prescribed medical marijuana, after they failed pre-employment drug screenings or because of their use of the substance.

The issue of medical marijuana is difficult in terms of the employment picture, especially now that 33 states and the District of Columbia have legalized its use. Of those states, 16 provide workplace protections, either through their own law or case law since their medical marijuana laws were enacted.

To confuse the issue further, marijuana is still illegal under federal statutes, putting employers in a difficult position when they are deciding whether to hire someone who uses it for medicinal purposes.

Courts are increasingly siding with workers and job applicants who are using medical marijuana when they sue employers for discrimination. Most recently, in November 2019, the Court of Common Pleas of Lackawanna Count in Scranton, PA ruled that while the state’s medical marijuana law does not explicitly permit a private right of action by an employee who is allegedly discriminated against because of medical marijuana use, it does so implicitly.

There have been similar rulings in federal and state courts, including in Arizona, Connecticut, Delaware, Massachusetts, New Jersey and Rhode Island. Legal experts say the Pennsylvania case and the others have opened the door for people in other states filing similar actions.

More and more courts have therefore been willing to treat workers who use medical marijuana in the same way as those who have to take other prescription drugs.

Litigation pathways

There are two avenues for litigation for workers who use medical marijuana, if their employers take adverse actions against them:

  • Discrimination — Claiming medical marijuana as a “reasonable accommodation” for someone’s disability under the Americans with Disabilities Act (or a comparable state law), and that the employer should accommodate the worker’s use. Courts have usually drawn the line at using at work to define reasonable accommodation. In other words, it would not be discrimination if an employer bars medical marijuana-using employees from using at work, but it would if they bar them from using during non-working hours.
  • Protection from adverse actions — This could include firing, demotions or similar actions against someone who uses medical marijuana off the clock and does not come to work impaired.

What you can do

Experts recommend that employers make an effort to engage in an interactive process with workers in states where medical marijuana has been legalized.

They recommend engaging any workers who have been prescribed medical marijuana in the interactive process, as prescribed by the ADA. Through this process, the employer can see if they have an underlying disability that requires accommodation.

One of the key considerations for employers is that the reasonable accommodation should affect a worker’s ability to safely perform their job.

If you are in a state whose laws protect medical marijuana users from adverse employment actions, you should review your policies and workplace rules to make sure they are in line with the law.

In addition, since other states have been starting to side with workers in discrimination cases, if you are in a state with legalized medical marijuana, you may want to conduct the same internal review.

If you do conduct drug testing, you should consider which positions you want to test for. Many employers have started only testing for positions that are safety-sensitive, such as those that include operating heavy machinery.

Beware of Parking Lot Hazards at the Holidays

parking hazard

During the busy holiday season, there are many distractions that make parking lots a fairly dangerous place to be.

The combination of early sunset, increased traffic and pedestrians, scam artists, vandals and thieves, and people in a rush, can sometimes be a deadly combination. Just a momentary distraction or lapse in judgment can lead to tragedy.

Parking lot accidents can also turn into a liability for your company or result in an employee being injured and filing a workers’ comp claim.

Fourteen percent of all collisions in the U.S. each year happen in parking lots, and can result in costly insurance claims for vehicle damage. Even worse, it one of your employees strike and injure a visitor, the costs are even higher in terms of both dollars and emotional distress.

Disseminate these basic tips to your employees to help keep everyone safe during the especially busy holiday season:

  • Check your surroundings before you get in your car
  • Backing up is dangerous. Be certain that nothing and no one is behind you before backing out of your parking space
  • Keep your foot off of the gas as you back up, and be ready to break in an instant
  • Look in every direction before pulling into a spot, or backing out of one
  • Don’t text and drive
  • Slow down and pay close attention to speed limits
  • Be careful of pedestrians who may dart in and out between parked cars
  • Park only in areas that are well-lit
  • Keep your car windows closed and your doors locked
  • Watch for cars that may cut diagonally through the parking lot

If you own a building with a parking lot you can also have some liability.

Generally, the owner of the parking lot (whether it is a person, a business, or a property management company) has a reasonable duty to take care that people don’t get hurt on their property. This means that they have to take certain precautions to make that parking lot as safe as possible.

If there are cracks or uneven areas in the pavement, the owner needs to warn people of the danger or repair any hazards that could cause a person to slip and fall. If the parking lot becomes icy, the owner has a responsibility to make it as safe as possible, perhaps by clearing the snow and putting down salt or ice melt.

The takeaway

By training your employees on parking lot and winter driving safety as well as your keeping your parking lot free of hazards you can greatly reduce the chances of an accident and injury happening.

And it goes without saying that you should have commercial general liability (CGL) insurance, which protects you and your business from claims of injury, property damage and negligence related to your business activities.

One of the most essential parts of a CGL policy is premises liability coverage. This portion of your commercial general liability policy offers bodily injury and property damage coverage related to the ownership or maintenance of business premises.

One-third of Workers Are Sleepy, Leading to Safety Issues and More

sleepy worker

More than 35% of workers in the U.S. are not getting enough sleep, a new study has found. That can lead to serious workplace safety issues, especially for occupations that use heavy machinery, people who work in factories or warehouses, construction or as drivers.

Among workers in other occupations it can lead to costly mistakes, friction among staff and poor communications, all of which can have a detrimental effect on your operations.

The study by researchers at Ball State University looked at self-reports of sleep duration among 150,000 adults working in different occupations between 2010 and 2018. Researchers found the prevalence of inadequate sleep, defined as seven hours or less, had increased from 30.9% in 2010 to 35.6% in 2018.

Lead researcher Jagdish Khubchandani, a professor of health science at Ball State University, identified these factors as being behind the increase:

  • Rising stress loads for a variety of reasons, due to pressure at work and at home, and
  • Thanks to the rise of smartphones, people are not unplugging from work and continue checking their phones for work-related messages. Because of this, many people are dealing with work issues up until they go to bed, which can make it more difficult to fall asleep.

Sleep deprivation can have a number of detrimental effects in the workplace, including:

Decreased communication — A worker who is sleepy may not communicate as well as they normally do. This can include mumbling, poor enunciation, slurring, running words together and not speaking in complete thoughts.

Decline in productivity — Workers who don’t get enough sleep are slower at performing their jobs and often make mistakes, which requires them to go back and do things over again.

Increased distraction — Sleep-deprived individuals often have trouble maintaining focus on their tasks, keeping track of events, maintaining interest in outcomes and doing work they consider non-essential.

Impaired driving — Getting behind the wheel after not having enough sleep can be akin to driving under the influence of alcohol. But it’s not only company drivers you have to be concerned about. If you have forklifts, lawnmowers or operators of any type of machinery, there is a greater chance they’ll make a mistake when operating those vehicles or machines if they are sleep-deprived.

More mistakes — A lack of sleep results in a decline in cognitive abilities, which can result in workers making mistakes. These include errors performing tasks or failing to perform tasks. Mistakes especially are likely in subject-paced tasks in which cognitive slowing occurs, and with tasks that are time-sensitive, which cause increases in cognitive errors.

Memory can suffer — Short-term and working memory can decline due to sleep deprivation.

Poor mood — Not enough sleep can make people moody and can result in inappropriate outbursts, impatience, lack of regard for social conventions, inappropriate behavior and irritability — all of which can affect a positive work culture.

Increased risk-taking — Judgment can be affected by not sleeping enough, which can result in risky decision-making, which in turn can result in workplace accidents and injuries.

What you can do

If you suspect you have staff who are not getting enough sleep and that it may be affecting their work performance, you can:

  • Ensure they have a reasonable work schedule. That includes not working them too much and asking them not to take work home with them.
  • Offer more flexibility. You can offer staff the ability to work from home a few times a week or per month.
  • Cut down on e-mails and meetings. Set a company policy for communication and encourage brief, face-to-face meetings and phone calls instead of drawn-out e-mail discussions.
  • Provide employees time to recharge. Offering time to recharge, along with flexibility and a healthier workload, can improve employee restfulness and ease workplace pressures.
  • Don’t require staff to answer work e-mails at home.

Harassment Training Deadline Pushed Back for Some Employers

harassment training

As you should already be aware, any employer with five or more workers is required to conduct sexual harassment prevention training for their staff by the end of 2019 under a California law passed in 2018.

Due to concerns that many employers in the state may not be ready to comply, Gov. Gavin Newsom has now signed a bill into law that extends the compliance deadline for some employers.

Under the new law, SB 778, all employees, both supervisory and non-supervisory, must be trained by Jan. 1, 2021, which extends the deadline by a year.

The original law, SB 1343, required all employers with five or more staff to conduct sexual harassment prevention training to their employees before Jan. 1, 2020 – and every two years after that.

Prior to the law that took effect in 2018, employers with 50 or more employees were required to provide only supervisors with anti-sexual harassment training every two years.

Here are the new rules:

  • If you trained your staff in 2019, you aren’t required to provide refresher training until two years from the time the employee was trained.
  • If you trained your employees in 2018, you can maintain the two-year cycle and still comply with the new January 1, 2021 deadline. For example, if you trained your staff in November 2018, you would not have to train them again until November 2020.
  • If you trained supervisors in 2017 under prior law, known as AB 1825, you should train those employees this year in order to maintain your two-year cycle.

The deadline was not extended for employers of seasonal and temporary employees, who are hired to work for less than six months. Starting Jan. 1, 2020, these employees must be trained within 30 calendar days after their hire date or within 100 hours worked, whichever occurs first.

The rest of the law remains intact:

  • Supervisors must receive two hours of training and non-supervisory employees must receive one hour.
  • Training must take place within six months of hire or promotion, and every two years thereafter.

The reason the new law has been enacted is that employers who trained their employees in 2018 would need to train them again in 2019, resulting in those individuals being trained twice within a two-year period, which went against the spirit of the law.

SB 778 was essentially clean-up legislation to correct that problem by extending the training deadline under SB 1343 from Jan. 1, 2020 to Jan. 1, 2021 for those employers.

Basics of a Strong Lockout/Tagout Program

Engineer check and control welding robotics automatic arms machine in intelligent factory automotive industrial with monitoring system software. Digital manufacturing operation. Industry 4.0

A lockout/tagout program will not be effective if your employees are not properly trained in how it works, and if you don’t have consequences for them if they fail to follow the program.

Every year, hundreds of workers in the United States die because they don’t follow lockout/tagout procedures or their employers did not have them in place – or, if they did, failed to enforce their rules.

Failure to train or inadequate training is one of the top-cited lockout/tagout violations by Cal/OSHA.

Improper training or failing to train all of your workers can have dire consequences, even for staff that are trained in procedures.

In this past year in California, two workers died because of inadequate training. One died on the job at a nut cannery because he had missed lockout/tagout training when he was on layoff.

In the other case, an employee at a clothing manufacturer was killed after a maintenance mechanic who had not been trained in lockout/tagout walked away when his co-worker entered part of the machine to remove finished product. The machine was de-energized but not locked out, and it started up when the worker entered it.

Under Cal/OSHA’s lockout/tagout standard, all authorized and affected employees, plus those who work in areas where energy-control procedures are used, must be trained on lockout/tagout procedures.

Training must include hazards related to:

  • Cleaning,
  • Repairing,
  • Servicing,
  • Setting up and adjusting prime movers, and
  • Machinery and equipment.

“Affected” employees include:

  • Qualified persons who lockout or tag out specific machines for such operations.
  • Those whose jobs require them to operate a machine. They must be instructed on the purpose and use of energy-control procedures.
  • Other employees include those whose work might be in an area where the procedures might be used. They must be instructed about the prohibitions on restarting or energizing machines that have been locked or tagged out.

HECP training requirements

The training provisions of the Cal/OSHA standard require that authorized employees be trained on hazardous energy control procedures (HECPs) and associated hazards.

Affected employees must be trained on the purpose and use of HECPs, and all other workers in the area must be instructed on the prohibition on attempting to restart machines which are locked or tagged out.

Pay especially close attention to training on controlling all sources of hazardous energy. That can sometimes require developing equipment-specific lockout procedures.

Turning off a machine is often not enough. It needs to be disengaged or de-energized. That’s because the control switch can still contain electrical energy. A release of stored energy can start the machine again briefly, but enough to cause serious injury.

If possible, you should also block out moveable parts during lockout/tagout procedures.

You also need to develop, implement and enforce a lockout program.

Cal/OSHA requires that employers must develop and utilize an HECP for cleaning, repairing, etc., and shall clearly and specifically outline the scope, purpose, authorization, rules and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance, including:

  • Shutting down, isolating, blocking and securing machines or equipment;
  • Placement, removal and transfer of lockout/tagout devices;
  • Testing machines to determine the effectiveness of lockout/tagout devices; and
  • Separate procedural steps for safe lockout/tagout of each machine.

All workers involved in lockout/tagout should get their own locks. They should not use someone else’s lock, and they should not install or remove another employee’s lock.

One final bit of advice: Once a machine is locked out, the operator should try to turn it on again to see if it has been effectively disengaged.

Discipline Should Be Part of Your Safety Program

discipline red card

Does your injury and illness prevention program spell out the disciplinary action your company will pursue if its safety rules are not adhered to?

Addressing disciplinary issues can be a very sensitive and stressful process for most managers, supervisors and employees. However, if disciplinary issues are avoided or handled poorly, it can lead to serious consequences such as property damage, injury or even fatality.

Looking at discipline not as a form of punishment but as a rule or system of rules governing conduct or activity in order to eliminate unsafe circumstances, might ease the stress for the owner, manager and employee.

Education is the key to establishing proper disciplinary procedures and holding employees accountable to the company’s health and safety policy and program, as well as to applicable regulatory requirements.

The main objective of a disciplinary program is to ensure that rules and safe work practices are taken seriously by all employees and that they are followed. When disciplinary action is deemed appropriate, it should be conducted in a timely manner. Trying to conduct unsafe behavior by waiting only allows a habit to become more ingrained.

Discipline should be positive, not punitive or negative. The goal is to correct the problem, action or behavior. The type of discipline should fit the severity of the misconduct and be conducted in private.

Five-step Disciplinary Program Process

  • Reviewing policy and procedures (managers and supervisors)
  • Investigation of accusations and infractions (supervisors and safety & health reps)
  • Determining and reviewing disciplinary action (supervisors and safety & health reps)
  • Documenting disciplinary actions and program enforcement (supervisors and safety & health reps)
  • Conducting disciplinary meetings and promoting safe work practices and compliance to regulatory requirements (supervisors and safety & health reps)

If your company hires subcontractors, they should also be required to comply with your health and safety policy.

Sample disciplinary action

You should make it clear that the company reserves the right to discipline employees who knowingly violate company safety rules or policies. Disciplinary measures will include, but not be limited to:

  • Verbal warning (documented) for minor offenses.
  • Written warning for more severe or repeated violations.
  • Suspension, if verbal and written warnings do not prove to be sufficient.

If none of the above measures achieve satisfactory, corrective results, and no other acceptable solution can be found, the company will have no choice but to terminate employment for those who continue to jeopardize their own safety and the safety of others.

Non-punitive discipline

The first step of formal non-punitive discipline is to issue an “oral reminder,” with the manager’s primary goal being to gain the employee’s agreement to solve the problem.

Should the problem continue, the manager moves to the second step – the “written reminder.” Together, the manager and the employee create an action plan to eliminate the gap between actual and desired performance.

If disciplinary discussions have failed to produce the desired changes, management then places the individual on a paid, one-day “decision-making leave.” Tenure with the organization is conditional on the individual’s decision to solve the immediate problem and make a “total performance commitment” to good performance on the job.

The employee is instructed to return on the day following the leave with a decision either to change and stay or quit and find more satisfying work elsewhere. Thus, the purpose of the disciplinary transaction has changed from a punishment method to a process that requires individuals to accept responsibility for their own behavior, performance and continued participation in the enterprise.

Cal/OSHA Issues Emergency Rules to Protect Workers from Wildfire Smoke

wildfire

Cal/OSHA has issued emergency regulations that require employers of outdoor workers to take protective measures, including providing respiratory equipment, when air quality is significantly affected by wildfires.

Smoke from wildfires can travel hundreds of miles and while an area may not be in danger of the fire, the smoke can be thick and dangerous, reaching unhealthy levels. The danger is worst for people with underlying health conditions like heart disease, asthma or other respiratory issues.

Cal/OSHA decided to start work on the new regulations after worker groups filed a petition asking the agency to step in and protect people working outside from unsafe air quality caused by wildfires.

Below is all you need to know about the new emergency regulations that are slated to take effect in early August 2019.

What to expect

The draft of the regulations, which were approved at a July 18 Cal/OSH board hearing, would require that employers take action when the Air Quality Index (AQI) for particulate matter 2.5 is more than 150, which is considered in the “unhealthy” range.

The protections would also be triggered when a government agency issues a wildfire smoke advisory or there when there is a “realistic possibility” that workers would be exposed to wildfire smoke.

All California employers with “a worker who is outdoors for more than an hour cumulative over the course of their shift” would be required to comply with these regulations:

Checking the Air Quality Index – Employers of outdoor works must check the AQI at the worksite to see if it is above 150, which would require the employer to take protective measures for the workers. AQI can be checked in the following ways:

  • The U.S. Environmental Protection Agency’s AirNow website.
  • The California Air Resources Board website.
  • Your local air pollution control district website.
  • Checking PM2.5 levels at the worksite and converting them to the corresponding AQI (Appendix A of the regulations explain how).

Communications – Employers must establish and implement a system for communicating wildfire smoke hazards to affected employees, including allowing employees to inform the employer of such hazards at the worksite. Communications should include:

  • The current AQI for PM2.5.
  • Protective measures available to workers to reduce their wildfire smoke exposure.
  • Encouraging employees to inform the employer of worsening job site air quality.
  • Reporting symptoms such as asthma attacks, difficulty breathing and chest pain.

Training – Employers with outside works should train them in:

  • The health effects of wildfire smoke.
  • The right to obtain medical treatment without fear of reprisal.
  • How employees can obtain the current AQI for PM2.5.
  • The requirements in Cal/OSHA’s regulation about wildfire smoke.
  • The employer’s communication system.
  • The employer’s methods to protect employees from wildfire smoke.
  • The importance, limitations and benefits of using a respirator when exposed to wildfire smoke.
  • How to properly put on, use and maintain the respirators provided by the employer.

Suitable protection – There are a number of methods employers can implement to protect workers when the AQI for PM2.5 exceeds 150.

  • Engineering controls, such as providing enclosed structures or vehicles with effective filtration where employees can continue working, or
  • Administrative controls like:
  • Relocating workers,
  • Changing work schedules,
  • Reducing work intensity, or
  • Giving them additional rest periods, or
  • Respiratory protective equipment. The employer must provide respirators to all employees for voluntary use, and encourage them to use them.

Respirators shall be NIOSH (National Institute for Occupational Safety and Health)-approved devices that effectively protect the wearers from inhalation of PM2.5, such as N95 filtering face-piece respirators. Respirators shall be cleaned, stored, maintained and replaced so that they do not present a health hazard to users.

Where the current AQI for PM2.5 is 501 or greater, respirator use is required.