What Employers in California Should Know About Wildfire Smoke and Workplace Safety Standards

The tragic wildfires have caused horrific damage throughout Los Angeles and Southern California. As reported by the California Globe, a preliminary estimate of the January 2025 wildfire damage in the Los Angeles area already exceeds $270 billion. Additionally, wildfire smoke is a health and safety hazard to the surrounding areas.

Employers in California in areas impacted by wildfire smoke must understand their legal obligations to protect employees from unsafe work conditions. Here, our California employment lawyer highlights key things that businesses and organizations should know about wildfire smoke workplace safety standards.

An Overview of Workplace Wildfire Smoke Safety Regulations in California

The unfortunate reality is that the risk posed by wildfires has increased in recent years in our region. As a result, the California Department of Industrial Relations (DIR) has put into place workplace wildfire smoke safety regulations enforced by Cal/OSHA. The DIR has designed these standards to protect employees from unhealthy air quality caused by wildfire smoke. Here are key points that employers in California should note carefully:

• Why it Matters: Wildfire smoke contains pollutants, including fine particulate matter known as PM2.5. These particles, if inhaled into the lungs, can cause health problems.
• Key Cal/OSHA Regulation: Title 8 § 5141.1 Protection from Wildfire Smoke is a key regulation in California. The regulation applies to workplaces where the Air Quality Index (AQI) for PM2.5 is 151 or higher due to wildfire smoke. Employers must proactively comply with this regulation and protect their employees from poor and harmful air quality by frequently checking the AQI if there are wildfires surrounding their workplace.
• What Employers Need to Do: Employers must check AQI forecasts and current conditions in their area before and during their employees’ work shifts. From there, employers should provide workers with timely and accurate information about AQI levels and the potential health risks related to high AQI levels. Employers must take proper protective measures, including using air filtration or enclosed workspaces, adjusting work schedules, and/or relocating workers to reduce exposure to harmful air conditions.
• Worker Training and Communication: Effective communication and training can help ensure employee safety and compliance with Cal/OSHA’s wildfire smoke regulations. Employers should explain the health effects of wildfire smoke and the significance of PM2.5 levels to their employees. They should also teach employees how to use and care for respirators correctly in case the employees are required to use them during a shift.
• Best Practices for Workplace Safety Compliance: To stay compliant with wildfire smoke regulations, employers must proactively plan ways to comply with the regulations and protect employees, consistently monitor work conditions and the surrounding areas, and swiftly take action when necessary to protect employee from unsafe working conditions. Employers should consider establishing a comprehensive monitoring program to ensure they are aware of the regulations required by California law and the conditions their employees are subject to during their shifts. Employers should always use reputable sources such as the U.S. Environmental Protection Agency (EPA) AirNow website or local air quality districts to track AQI forecasts and real-time data. Employers should have a clear plan of action in place for dealing with wildfire smoke and ensure their employees are not exposed to harmful substances in the air. Employers should define clear AQI thresholds for adjusting work practices, issuing respirators, or even suspending operations until the wildfire smoke is not as bad.

Consult With Our California Employment Lawyer Today

At Sloat Law Group, APC, our California employment law attorney is a skilled, experienced advocate for clients. If you have any questions or concerns about your rights or obligations in light of these California wildfires, please do not hesitate to contact us today for a confidential consultation. With an office in Riverside County, we provide employment law representation to employers throughout California.

 Sources:

 dir.ca.gov/title8/5141_1.html

californiaglobe.com/fr/new-report-finds-total-damage-economic-losses-from-the-l-a-wildfires-approximately-275-billion/