New Wildfire Smoke Regulations for Washington State Going Into Effect

In an effort to prioritize the health and well-being of outdoor workers, including those in Washington State’s vineyards, the State is implementing year-round protections against wildfire smoke. This significant development, mirroring measures in California and Oregon, aims to address the consistent challenges posed by wildfire smoke events on the country’s west coast. 

Key Insights: 

Wildfire smoke, a recurring significant issue over the past several years, poses both short and long-term health risks, particularly due to PM2.5, a primary pollutant causing damage to the lungs. New regulations, effective January 15, 2024, will enforce workplace protections to mitigate these risks for individuals engaged in outdoor activities, such as agriculture and construction. 

Determining Harmful Exposures 

One of the critical aspects of these regulations is the requirement for employers to assess employee exposure to PM2.5. Unlike previous emergency rules, there is no specific frequency mandated for checking air quality. Employers have the flexibility to decide how often to monitor air quality conditions, with publicly available PM2.5 data refreshed every hour. Employers can utilize data from authorized sources or conduct their own monitoring, focusing on exposures during working hours. 

Flexibility in Metrics: Understanding the Air Quality Index 

In a nutshell, the regulations offer employers flexibility in selecting sources like the Washington State Department of Ecology and EPA AirNow website to check PM2.5 levels using the Air Quality Index (AQI). 

The regulations allow employers to choose from various publicly available websites, including the Washington State Department of Ecology’s online tracker and the EPA AirNow website, both of which publish PM2.5 levels using the AQI. The AQI, established by the EPA, provides a uniform method for reporting air pollution hazards, covering pollutants like ozone, carbon monoxide, nitrogen dioxide, particulate matter, and sulfur dioxide. 

It is important to note that the AQI has limitations. The Daily AQI reflects past air quality, the AQI Forecast predicts future air quality, and the NowCast AQI indicates the current suitability for outdoor activities. L&I provides handy mappings as rough guides for regulatory compliance. 

Here's the key: the regulations highlight PM2.5 mass concentration for compliance, not the AQI. While NowCast AQI values are permissible, they play second fiddle to hourly PM2.5 concentrations. Recognizing that the AQI isn't designed for regulations, the EPA aligns with L&I's approach, emphasizing direct reliance on PM2.5 concentrations for regulatory purposes. In simpler terms, when it comes to compliance, think of the AQI as a helpful sidekick, but the real hero is the PM2.5 concentration. 

Understanding this ensures that employers stay on the right side of the regulations without getting tangled up in the nuances of the AQI. 

Written Wildfire Smoke Response Plan 

To effectively implement the provisions mandated by the rule, employers are required to have a written wildfire smoke response plan. To facilitate compliance, L&I DOSH Education & Outreach will be providing templates to assist employers in developing these plans. The response plan is a crucial component of ensuring a systematic and organized approach to dealing with wildfire smoke hazards. 

Protective Measures and Employee Awareness 

Employers are required to notify affected employees when each threshold in the rule is exceeded, based on a one-hour average PM2.5 reading. However, to avoid excessive notifications at the lowest threshold, employers are not obligated to notify employees until two consecutive hourly readings above the threshold are exceeded. 

Symptom Reporting and Training Requirements 

The regulations outline specific training requirements to ensure employees are well-versed in recognizing and addressing the risks posed by wildfire smoke. Employees must be able to communicate issues related to exposure control measures' availability and report any symptoms potentially linked to wildfire smoke exposure. Here's a breakdown of the key training elements: 

1. Health Effects and Symptoms Awareness: Employees must receive training on the health effects and symptoms associated with wildfire smoke exposures. This list includes: Difficulty breathing, shortness of breath, particularly when accompanied by greater use of accessory muscles, chest pain, nausea, dizziness. 
2. Reporting Symptoms: Emphasis is placed on reporting when experiencing symptoms of wildfire smoke exposure. 
3. Medical Treatment Rights: Employees must be made aware of their right to obtain medical treatment. 
4. Regulatory Requirements: Training includes an understanding of the requirements outlined in WAC 296-820-805 through 296-820-860 and WAC 296-307-09805 through 296-307-09860, specifically focusing on wildfire smoke. 
5. Identification of Harmful Exposures: Understanding the employer's methods of determining current PM2.5 levels, as per WAC 296-820-815, is a crucial component. 
6. Accessing PM2.5 Information: Training covers how employees can obtain current PM2.5 levels and the employer's methods of communicating this information. 
7. Employer's Response Plan: Employees are educated on the employer's response plan for wildfire smoke, including protective measures and exposure symptom response procedures. 
8. Respirator Usage: The importance, benefits, and limitations of using a properly fitted respirator in wildfire smoke conditions are detailed in the training. 
9. Risks and Limitations of Respirator Usage: Employees are made aware of the risks of using an unfitted respirator and the importance of a medical evaluation before respirator usage. 
10. Respirator Handling: Practical guidance on how to properly put on, use, and maintain respirators provided by the employer is included in the training. 

Supervisory Training Enhancements 

Supervisors undergo additional training to ensure they are well-equipped to manage and implement wildfire smoke safety provisions effectively. Their training includes: 

1. Rule Implementation Procedures: Supervisors learn the procedures they must follow to implement the applicable provisions of the wildfire smoke rule. 
2. Adverse Symptom Response: Training covers procedures for supervisors to follow if an employee exhibits adverse symptoms of wildfire smoke exposure. 
3. Emergency Response: Supervisors are educated on procedures for moving or transporting employees to emergency medical services if necessary. 

Bi-Directional Communication 

Employers must inform employees when PM2.5 concentrations reach specified thresholds, and in turn, employees should be empowered to communicate with their employer. This communication becomes essential when air quality worsens, control measures like respirators are unavailable, or employees experience symptoms related to wildfire smoke exposure. 

The regulations mandate employers to periodically determine employee PM2.5 exposure levels at worksites. Employers can choose from three methods: 

1. checking forecasts from specified sources, 
2. obtaining forecasts directly, 
3. or measuring levels at the worksite. 

Given that many workplaces are located some distance from the regulatory PM2.5 monitoring network, readings may not precisely represent on-site conditions. Employees must have reliable means to communicate changes in condition to their employers, allowing for appropriate responses. This becomes especially crucial in the viticulture sector, where work environments may be geographically dispersed. 

The method utilized by employers for determining PM2.5 levels likely involves the use of mobile devices, computers, or dedicated measuring equipment. 

Member Involvement: 

It is crucial for members to familiarize themselves with the new regulations. This includes understanding the actions that workplaces with outdoor workers must take during smoky conditions, such as providing respiratory protection and immediate medical attention. Ensuring compliance not only protects the workforce but also contributes to the sustainability of our wine industry. 

In navigating this new frontier of wildfire smoke protections, Washington Winegrowers Association demonstrates resilience and adaptability. By prioritizing the health of our outdoor workforce, we not only adhere to regulations but also foster a community that thrives amidst evolving challenges. As we embark on this journey, let us collectively ensure the safety and well-being of our workers, fostering an industry that continues to enhance through advocacy and education.