California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 7 - General Industry Safety Orders › Group 16 - Control of Hazardous Substances › Article 107 - Dusts, Fumes, Mists, Vapors and Gases › Appendix B to Section 5141.1 - Protection from Wildfire Smoke Information to be Provided to Employees (Mandatory)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The health effects of wildfire smoke.
Although there are many hazardous chemicals in wildfire
						  smoke, the main harmful pollutant for people who are not very close to the fire
						  is "particulate matter," the tiny particles suspended in the air.
Particulate matter can irritate the lungs and cause
						  persistent coughing, phlegm, wheezing, or difficulty breathing. Particulate
						  matter can also cause more serious problems, such as reduced lung function,
						  bronchitis, worsening of asthma, heart failure, and early death.
People over 65 and people who already have heart and
						  lung problems are the most likely to suffer from serious health effects.
The smallest--and usually the most harmful--particulate
						  matter is called PM2.5 because it has a diameter of 2.5 micrometers or
						  smaller.
(b) The right to obtain medical treatment without fear
						  of reprisal.
Employers shall allow employees who show signs of
						  injury or illness due to wildfire smoke exposure to seek medical treatment, and
						  may not punish affected employees for seeking such treatment. Employers shall
						  also have effective provisions made in advance for prompt medical treatment of
						  employees in the event of serious injury or illness caused by wildfire smoke
						  exposure.
(c) How employees can obtain the current Air Quality
						  Index (AQI) for PM2.5.
Various government agencies monitor the air at
						  locations throughout California and report the current AQI for those places.
						  The AQI is a measurement of how polluted the air is. An AQI over 100 is
						  unhealthy for sensitive people and an AQI over 150 is unhealthy for
						  everyone.
Although there are AQIs for several pollutants, Title
						  8, section 5141.1 only uses the AQI for
						  PM2.5.
The easiest way to find the current and forecasted AQI
						  for PM2.5 is to go to AirNow.gov and enter the zip code, town, or city where
						  you will be working. The current AQI is also available at fire.AirNow.gov, an
						  interactive map which also provides information about some fires and smoke
						  plumes. You can also visit the website of your local air district. Employees
						  who do not have access to the internet can contact their employer for the
						  current AQI. The EPA website enviroflash.info can transmit daily and forecasted
						  AQIs by text or email for particular cities or zip codes.
(d) The requirements of Title 8, section
						  5141.1.
If employees may be exposed to wildfire smoke, then the
						  employer is required to find out the current AQI applicable to the worksite. If
						  the current AQI for PM2.5 is 151 or more, the employer is required to:
(1) Check the current AQI at the start of each shift
						  and periodically thereafter.
(2) Provide training to employees.
(3) Lower employee exposures.
(4) Provide respirators and encourage their use.
(e) The employer's two-way communication system.
Employers shall alert employees when the air quality is
						  harmful and what protective measures are available to employees.
Employers shall encourage employees to inform their
						  employers if they notice the air quality is getting worse, or if they are
						  suffering from any symptoms due to the air quality, without fear of
						  reprisal.
___________________________
The employer's communication system is:
___________________________
___________________________
(f) The employer's methods to protect employees from
						  wildfire smoke.
Employers shall take action to protect employees from
						  PM2.5 when the current AQI for PM2.5 is 151 or greater. Examples of protective
						  methods include:
(1) Locating work in enclosed structures or vehicles
						  where the air is filtered.
(2) Changing procedures such as moving workers to a
						  place with a lower current AQI for PM2.5.
(3) Reducing work time in areas with unfiltered
						  air.
(4) Increasing rest time and frequency, and providing a
						  rest area with filtered air.
(5) Reducing the physical intensity of the work to help
						  lower the breathing and heart rates.
___________________________
The employer's control system at this worksite
						  is:
___________________________
___________________________
(g) The importance, limitations, and benefits of using
						  a respirator when exposed to wildfire smoke.
Respirators can be an effective way to protect employee
						  health by reducing exposure to wildfire smoke, when they are properly selected
						  and worn. Respirator use can be beneficial even when the AQI for PM2.5 is less
						  than 151, to provide additional protection.
When the current AQI for PM2.5 is 151 or greater,
						  employers shall provide their workers with proper respirators for voluntary
						  use. If the current AQI is greater than 500, respirator use is required, except
						  in emergencies.
A respirator should be used properly and kept
						  clean.
The following precautions shall be taken:
(1) Employers shall select respirators certified for
						  protection against the specific air contaminants at the workplace. Respirators
						  must be certified by NIOSH, the National Institute for Occupational Safety and
						  Health of the U.S. Center for Disease Control and Prevention. A label or
						  statement of certification should appear on the respirator or respirator
						  packaging. It will list what the respirator is designed for (particulates, for
						  example).
Surgical masks or items worn over the nose and mouth
						  such as scarves, T-shirts, and bandannas will not provide protection against
						  wildfire smoke. An N95 filtering facepiece respirator, shown in the image
						  below, is the minimum level of protection for wildfire smoke.
(2) Read and understand the manufacturer's instructions
						  on the respirator's use, care, and replacement, along with any warnings
						  regarding the respirator's limitations. If the respirator is reusable, read and
						  understand the instructions for cleaning and maintenance. The manufacturer's
						  instructions must be followed except for medical evaluations, fit testing, and
						  shaving of facial hair, which are recommended but not required for voluntary
						  use of filtering facepiece respirators.
(3) Do not wear respirators in areas where the air
						  contains contaminants for which the respirator is not designed. A respirator
						  designed to filter particles will not protect employees against gases or
						  vapors, and it will not supply oxygen.
(4) Employees should keep track of their respirator so
						  that they do not mistakenly use someone else's respirator.
(5) Employees who have a heart or lung problem should
						  ask their health care provider before using a respirator.
(h) How to properly put on and use the respirators
						  provided by the employer.
To get the most protection from a respirator, there
						  must be a tight seal around the face. A respirator will provide much less
						  protection if facial hair interferes with the seal. Loose-fitting powered air
						  purifying respirators may be worn by people with facial hair since they do not
						  have seals that are affected by facial hair.
The proper way to put on a respirator depends on the
						  type and model of the respirator.
For those who use an N95 or other filtering facepiece
						  respirator mask that is made of filter material:
(1) Place the mask over the nose and under the chin,
						  with one strap placed below the ears and one strap above.
(2) Pinch the metal part (if there is one) of the
						  respirator over the top of the nose so it fits securely.
Click
						  here to view image
For a respirator that relies on a tight seal to the
						  face, check how well it seals to the face by following the manufacturer's
						  instructions for user seal checks. Adjust the respirator if air leaks between
						  the seal and the face. The more air leaks under the seal, the less protection
						  the user receives.
Respirator filters should be replaced if they get
						  damaged, deformed, dirty, or difficult to breathe through. Filtering facepiece
						  respirators are disposable respirators that cannot be cleaned or disinfected. A
						  best practice is to replace filtering facepiece respirators at the beginning of
						  each shift.
If you have symptoms such as difficulty breathing,
						  dizziness, or nausea, get medical help immediately.
1. New
						  Appendix B filed 7-29-2019 as an emergency; operative 7-29-2019 (Register 2019,
						  No. 31). A Certificate of Compliance must be transmitted to OAL by 1-27-2020 or
						  emergency language will be repealed by operation of law on the following
						  day.
2. New Appendix B refiled 1-16-2020 as an emergency; operative
						  1-24-2020 pursuant to Government Code section
						  11346.1(d)
						  (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL
						  by 4-23-2020 or emergency language will be repealed by operation of law on the
						  following day.
3. New Appendix B refiled 4-30-2020 as an emergency;
						  operative 6-23-2020 pursuant to Government Code section
						  11346.1(d)
						  (Register 2020, No. 18). A Certificate of Compliance must be transmitted to OAL
						  by 9-21-2020 or emergency language will be repealed by operation of law on the
						  following day.
4. Emergency filed 4-30-2020 and operative 6-23-2020
						  extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
						  pursuant to Executive Order N-66-20. A Certificate of Compliance must be
						  transmitted to OAL by 1-19-2021 or emergency language will be repealed by
						  operation of law on the following day.
5. Certificate of Compliance
						  as to 4-30-2020 order, including amendment of Appendix B, transmitted to OAL
						  12-17-2020 and filed 2-1-2021; amendments operative 2-1-2021 pursuant to
						  Government Code section
						  11343.4(b)(3)
						  (Register 2021, No. 6).
Note: Authority cited: Section
							 142.3, Labor
							 Code. Reference: Sections
							 142.3 and
							 144.6, Labor
							 Code.