by Gayley Buckner

CALIFORNIA WILDFIRE SAFETY REGULATIONS FOR EMPLOYERS

With the recent wildfires across Southern California, employers should familiarize themselves with California’s wildfire smoke standard. 

The wildfire smoke standard applies to workplaces where the air quality index is 151 (Unhealthy) or higher and where it’s reasonably anticipated that employees may be exposed to wildfire smoke. 

The air quality index (AQI) can be found on: California Air Resources Board website

The standard applies to outdoor settings and to indoor settings where the air is not filtered or where doors and windows are kept open, such as warehouses, packing, manufacturing, and distribution facilities. Even restaurants or stores that keep doors open may be subject to the wildfire smoke standard.

Under this standard, employers must:

  • Monitor the local air quality index;
  • Train employees on the information contained in Appendix B to Section 5141.1; and
  • Modify the workplace, if possible, to reduce exposure to wildfire smoke.

There are some exceptions, including when:

  • The worksite is a completely enclosed building or vehicle with mechanical ventilation, windows and doors that remain closed except when necessary to enter and exit the building or vehicle; or
  • The employee’s exposure is limited to one cumulative hour or shorter during their shift; or
  • The employee is a firefighter engaged in wildland firefighting.

Under the wildfire smoke standard, employers must provide employees with proper respiratory protection, like N95 respirators, for voluntary use when work must be performed in a location with poor air quality. If the air quality index for particulate matter (PM) 2.5 exceeds 500 due to wildfire smoke, respirator use is mandatory. Employers must make sure employees are using respirators.  If employers do not have access to respiratory protection, then operations may need to be stopped until the air quality improves.

In addition to protecting employees from wildfire smoke, employers can also provide disaster assistance payments to affected employees under IRC section 139 on a tax-free basis:

(1) to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster,

(2) to reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation of a personal residence or repair or replacement of its contents to the extent that the need for such repair, rehabilitation, or replacement is attributable to a qualified disaster…

Under this IRC section, employers can pay for hotel stays, food, clothing, and repairs to homes damaged or destroyed by the fires. The amount is discretionary, and there is no limit on such payments.

We will continue to update you on employment issues related to the wildfires. In the meantime, stay safe and reach out if you have any questions.