Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope.
(1) This section applies to workplaces where:
(A) The current Air Quality Index (current
AQI) for PM2.5 is 151 or greater, regardless of the AQI for other pollutants;
and
(B) The employer should
reasonably anticipate that employees may be exposed to wildfire
smoke.
(2) The following
workplaces and operations are exempt from this section:
(A) Enclosed buildings or structures in which
the air is filtered by a mechanical ventilation system and the employer ensures
that windows, doors, bays, and other openings are kept closed, except when it
is necessary to open doors to enter or exit.
(B) Enclosed vehicles in which the air is
filtered by a cabin air filter and the employer ensures that windows, doors,
and other openings are kept closed, except when it is necessary to open doors
to enter or exit the vehicle.
(C)
The employer demonstrates that the concentration of PM2.5 in the air does not
exceed a concentration that corresponds to a current AQI of 151 or greater by
measuring PM2.5 levels at the worksite in accordance with Appendix A.
(D) Employees exposed to a current AQI for
PM2.5 of 151 or greater for a total of one hour or less during a
shift.
(E) Firefighters engaged in
wildland firefighting.
(3) For workplaces covered by this section,
an employer that complies with this section will be considered compliant with
sections 5141 and
5155 for the limited purpose of
exposures to a current AQI for PM2.5 of 151 or greater from wildfire
smoke.
(b) Definitions.
Current Air Quality Index (Current AQI). The method
used by the U.S. Environmental Protection Agency (U.S. EPA) to report air
quality on a real-time basis. Current AQI is also referred to as the "NowCast,"
and represents data collected over time periods of varying length in order to
reflect present conditions as accurately as possible.
The current AQI is divided into six categories as shown
in the table below, adapted from Table 2 of Title 40 Code of Federal
Regulations, Part 58, Appendix G.
| Air Quality Index (AQI) Categories
for PM2.5 | | Levels of Health
Concern |
| 0 to 50 | | Good |
| 51 to 100 |
| Moderate |
| 101 to 150 |
| Unhealthy for
Sensitive Groups |
| 151 to 200 |
| Unhealthy |
| 201 to 300 |
| Very Unhealthy |
| 301 to 500 |
| Hazardous |
NIOSH. The National Institute for Occupational Safety
and Health of the U.S. Centers for Disease Control and Prevention. NIOSH tests
and approves respirators for use in the workplace.
PM2.5 . Solid particles and liquid droplets suspended
in air, known as particulate matter, with an aerodynamic diameter of 2.5
micrometers or smaller.
Wildfire Smoke. Emissions from fires in "wildlands," as
defined in Title 8, section
3402, or in adjacent developed
areas.
(c) Identification of
harmful exposures. The employer shall determine employee exposure to PM2.5 for
worksites covered by this section at the start of each shift and periodically
thereafter, as needed to protect the health of employees, by any of the
following methods:
(1) Check AQI forecasts
and the current AQI for PM2.5 from any of the following websites: U.S. EPA
AirNow, the Interagency Wildland Fire Air Quality Response Program, the U.S
Forest Service, the California Air Resources Board, the local air pollution
control district, or the local air quality management district; or
(2) Obtain AQI forecasts and the current AQI
for PM2.5 directly from the U.S. EPA, the Interagency Wildland Fire Air Quality
Response Program, the U.S Forest Service, the California Air Resources Board,
the local air pollution control district, or the local air quality management
district by telephone, email, text, or other effective method; or
(3) Measure PM2.5 levels at the worksite and
convert the PM2.5 levels to the corresponding AQI in accordance with Appendix
A.
EXCEPTION:
Subsection (c) does not apply if:
1. The employer assumes the current AQI for
PM2.5 is greater than 500 and complies with subsection (f) using that
assumption; or
2. In an emergency
subject to subsection (f)(4), the employer assumes the current AQI for PM2.5 is
151 or greater and complies with subsection (f)(3)(A) using that
assumption.
(d)
Communication. As required by section
3203, the employer shall establish
and implement a system for communicating wildfire smoke hazards in a language
and manner readily understandable by employees, including provisions designed
to encourage employees to inform the employer of wildfire smoke hazards at the
worksite without fear of reprisal. The system shall include effective
procedures for:
(1) Informing employees of:
(A) The current AQI for PM2.5 as identified
in subsection (c); and
(B)
Protective measures available to employees to reduce their wildfire smoke
exposures.
(2)
Encouraging employees to inform the employer if any of the following occurs:
(A) Worsening air quality.
(B) Adverse symptoms that may be the result
of wildfire smoke exposure such as asthma attacks, difficulty breathing, and
chest pain.
(e)
Training and instruction. As required by section
3203, the employer shall provide
employees with effective training and instruction in a language and manner
readily understandable by employees. At a minimum, this shall contain the
information in Appendix B.
(f)
Control of harmful exposures to employees.
(1)
Engineering Controls. The employer shall reduce employee exposure to PM2.5 to
less than a current AQI of 151 by engineering controls whenever feasible, for
instance by providing enclosed buildings, structures, or vehicles where the air
is filtered. If engineering controls are not sufficient to reduce exposure to
PM2.5 to less than a current AQI of 151, then the employer shall reduce
employee exposures to the extent feasible.
(2) Administrative Controls. Whenever
engineering controls are not feasible or do not reduce employee exposures to
PM2.5 to less than a current AQI of 151, the employer shall implement
administrative controls, if practicable, such as relocating work to a location
where the current AQI for PM2.5 is lower, changing work schedules, reducing
work intensity, or providing additional rest periods.
(3) Control by Respiratory Protective
Equipment.
(A) Where the current AQI for PM2.5
is equal to or greater than 151, but does not exceed 500, the employer shall
provide a sufficient number of respirators to all employees for voluntary use
in accordance with section
5144 and encourage employees to use
respirators. Respirators shall be NIOSH-approved devices that effectively
protect the wearers from inhalation of PM2.5, such as N95 filtering facepiece
respirators. Respirators shall be cleaned or replaced as appropriate, stored,
and maintained, so that they do not present a health hazard to users. Employers
shall use Appendix B to this section in lieu of Appendix D to section
5144 for training regarding
voluntary use of respirators.
NOTE: For those employees whose only use of respirators
involves the voluntary use of filtering facepieces, such as N95 respirators,
fit testing and medical evaluations are not required by section
5144.
(B) Where the current AQI for PM2.5 exceeds
500, respirator use is required. Respirators shall be used in accordance with
section 5144. The employer shall provide
respirators with an assigned protection factor, as listed in section
5144, such that the PM2.5 levels
inside the respirator correspond to an AQI less than 151.
(4) Emergencies. The following applies to
emergency operations, including rescue and evacuation. The following also
applies to utilities, communications, and medical operations that are directly
aiding emergency operations or firefighting operations.
(A) The employer shall comply with subsection
(f)(3)(A) for all AQI levels equal to or greater than 151.
(B) Subsection (f)(1), (f)(2), and (f)(3)(B)
do not apply.
1. New
section 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 section 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 section 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 section, 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.
