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Amidst Wildfire Surge, California Employers Have a Responsibility To Your Lungs

Aug 09 2023

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Keller Grover / News / Employment News / Amidst Wildfire Surge, California Employers Have a Responsibility To Your Lungs

California’s largest wildfire of the year has been burning through the California desert, threatening habitats, to be sure, but also adding to a growing health risk for people working outdoors in smoke-tainted air.

As of July 31, California had reported 3,880 wildfires that burned nearly 96,000 acres, according to CAL FIRE. A recent report published in the peer-reviewed Proceedings of the National Academy of Sciences attributed the surge of wildfires in recent decades almost entirely to climate change, according to USA Today, meaning the risks are unlikely to abate.

As California’s Department of Industrial Relations notes, smoke from wildfires contains potentially harmful chemicals, gasses, and fine particles that can irritate the lungs. Potential health effects can include diminished lung function, bronchitis, asthma complications, or heart failure.

Employers that should reasonably expect workers to be exposed to wildfire smoke — basically, companies that involve outdoor work — needs to monitor air quality and, if it’s problematic, take steps to protect employees. The benchmark is an Air Quality Index for airborne particulate matter 2.5 millimeters or smaller of at least 151 (this may be abbreviated as a current AQI for PM2.5 of 151 or greater).

There are some exceptions; basically, firefighters, workers who are exposed to poor air quality for an hour or less, or workers who are in enclosed buildings/vehicles that have adequately
filtered air.

But for all others, here is a rundown of required protections:

● Determine worksite air quality at the start of each shift and as needed afterward.
● Make sure employees understand the risks of breathing wildfire smoke.
● Effectively train workers who may be exposed to wildfire smoke.
● Reduce exposure to harmful air if possible.
● If reducing exposure to harmful air isn’t possible, take administrative steps to mitigate risks. This could include adjusting work schedules, assigning less intense work, or offering more breaks.
● If necessary, provide adequate respiratory protective equipment.

We’ve also written about your employer’s responsibilities when it comes to heat exposure this summer. Is your employer taking the required steps to protect your lungs this wildfire season? If not, Keller Grover can help. We provide confidential, free consultations to advise those who have been mistreated by employers, and we can aid you in determining the best path forward, helping you minimize the impact of reporting, protect your rights and achieve the best possible outcome for your situation.

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