As summer returns to an alarmingly dry Oregon, now is the time to brush up on OSHA’s heat and wildfire smoke rules. Careful compliance can reduce risks of illnesses and injuries for employees, as well as fines and penalties for employers.
Heating Up, Cooling Down
As a reminder, OSHA’s heat illness prevention requirements are triggered whenever employees are exposed to a heat index that equals or exceeds 80 degrees Fahrenheit for more than 15 minutes in any 60-minute period (absent an applicable narrow exception).
When conditions exceed 80 degrees outside (or inside without mechanical ventilation), employers must provide immediate access to at least 32 ounces of water per hour for each employee as well as sufficient access to shade.
In addition to those specific measures, OSHA requires employers to proactively plan and train employees annually that must occur before employees are exposed to temperatures above 80 degrees. Oregon OSHA provides helpful guidance on what is expected in these policies and trainings, but generally the prevention plan and training must cover the various heat illness risk factors and controls, personal risk factors, employee rights, and compliance procedures. For at least a year after the training, employers must maintain records that indicate who was trained, who conducted the training, and on what day it occurred.
Employers are also required to maintain an emergency medical plan addressing the identification of and response to possible heat illness, including when and how to contact emergency medical responders, as well as a plan for employees to acclimatize to working in high heat. At a minimum, the employer’s plan should address: (1) effects of work clothing or PPE on the body’s heat retention; (2) effects of humidity; (3) whether work activities are outdoors; and (4) the intensity of the work performed.
When conditions reach or exceed 90 degrees, employers must monitor for signs of heat-related illnesses, ensure effective communications between supervisors and employees, and provide a cool-down break/rest period lasting ten minutes every two hours. Such breaks are work assignments, with no cost to employees.
When conditions reach or exceed 100 degrees, employers must provide 15-minute rest breaks every hour.
Employers should also provide remote employees, who are generally exempted from the above requirements, with annual heat-illness prevention training.
Only You Can Prevent Wildfire Smoke Exposure
Summer also brings wildfire smoke, posing health risks to outdoor workers and triggering additional requirements. This summer, forecasters have indicated that the Pacific Northwest, which experienced record low snowpack during the winter and accompanying drought conditions, is expected to face “persistent wildfire risk.”
When employees might be exposed to wildfire smoke, employers should plan ahead to ensure safety and compliance with Oregon’s wildfire smoke rules (OAR 437-002-1081). The requirements apply to all workplaces where employees are working outdoors or in buildings with exterior openings (such as drive-thru windows). Additional rules apply to agricultural workplaces at OAR 437-004-9791.
Like the heat illness prevention rules, employers must provide annual training and information to all employees who may be exposed to wildfire smoke at an air quality index (AQI) at or above 101. Topics must include, at a minimum, the potential health effects of wildfire smoke exposure, its symptoms, how and when to use proper filtering respirators, the employer’s methods of protecting employees from wildfire smoke, and how to promote two-way communications between supervisors and employees to identify hazards before exposure occurs. Records of this training should be maintained for one year.
When the AQI reaches 101, employers must implement engineering and administrative controls – provided that they are functionally possible and would not prevent the completion of work – to reduce exposure, including the provision of a NIOSH-approved filtering facepiece respirator (such as an N-95 mask) for all outdoor-exposed employees. Although employee use of a respirator is voluntary, employers are required to provide them. Employers should order enough face coverings for each outdoor employee before the start of wildfire season and routinely track their supply of face coverings throughout the season.
When the AQI reaches 277, employers must require their employees to wear a NIOSH-approved respirator.
When air quality levels exceed 849 AQI, employers must implement a respiratory protection policy that mandates medical evaluations for employees using respirators, exposure monitoring, and transferring employees indoors or changing their schedules (when possible) to avoid wildfire smoke exposure. Employers who cannot suspend work even with AQI levels above 849 should consult with an attorney to develop a policy that complies with the complex requirements of OAR 437-004-1041.
Current air quality index conditions across the state are available at aqi.oregon.gov.
Wilson Jarrell is a partner with Barran Liebman LLP. He advises and represents employers on a wide range of workplace issues. Contact him at 503-276-2181 or wjarrell@barran.com.
Zach Summers is a law clerk with Barran Liebman LLP. He partners with attorneys in legal research, drafting employment policies, creating client training materials, and case management. Contact him at 503-276-2104 or zsummers@barran.com.
