{"id":251116,"date":"2025-05-21T21:57:35","date_gmt":"2025-05-21T21:57:35","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/legal\/what-rights-do-workers-have-during-heavy-wildfire-smoke\/"},"modified":"2025-05-21T21:57:35","modified_gmt":"2025-05-21T21:57:35","slug":"what-rights-do-workers-have-during-heavy-wildfire-smoke","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=251116","title":{"rendered":"What Rights Do Workers Have During Heavy Wildfire Smoke?"},"content":{"rendered":"


\n<\/p>\n

\n

It looks like wildfire smoke is becoming a fact of life for many Americans<\/a>. What rights do you have if your workplace is in one of the dangerously smoky areas?\u00a0<\/p>\n

OSHA actually has a web
\npage about wildfires<\/a>. It says, among other things, \u201cEach employer is
\nresponsible for the safety and health of its workers and for providing a safe
\nand healthful workplace for its workers. Employers are required to protect
\nworkers from the anticipated hazards associated with the response and recovery
\noperations for wildfires that workers are likely to conduct.\u201d<\/p>\n

They have a detailed Response page<\/a> that includes
\nlinks to requirements for many types of hazards. That page includes a link to a
\nCalifornia
\npublication on smoke<\/a>.<\/p>\n

\n

\u00a0<\/p>\n

That publication discusses what steps can be taken by
\nemployers to protect both indoor and outdoor workers. For outdoor workers:<\/p>\n

Options for limiting workers\u2019 smoke
\nexposure include postponing or shortening time spent outdoors; focusing on only
\nperforming high priority tasks; relocating workers or rescheduling work tasks
\nto smoke-free or less smoky areas or times of the day; reducing outdoor
\nworkers\u2019 physical activity and exertion levels; encouraging and ensuring
\nworkers take frequent breaks inside cleaner air spaces such as enclosed
\nstructures or vehicles with recirculating air; and encouraging and using air
\ncleaners with HEPA (or other protective) filters in indoor working areas to
\nreduce overall smoke exposure. In some cases, the use of particulate
\nrespirators should be considered to protect workers who cannot implement the
\nexposure reduction recommendations listed above when performing outdoor work
\n(see additional information below). Workers involved in post-fire cleanup activities
\nclearly must be protected from exposure to ash and all other hazards (see
\nsections pertaining to after-fire hazards) by using a range of control methods
\n(e.g., dust suppression, personal protective equipment). When other measures
\nare not sufficient to control a respiratory hazard, OSHA requires employers to
\nprovide respirators that are appropriate for the hazard and work situation. An
\nOSHA-compliant respirator program names a qualified person responsible for
\nadministering the program and describes procedures for respirator selection,
\nmedical evaluation for safe respirator use, fit testing for tightfitting
\nrespirators, training on topics such as how to use and maintain respirators,
\nand program evaluation.<\/p>\n

But the publication also states: \u201cThe Occupational Safety
\nand Health Administration (OSHA) is the regulatory entity for employee health
\nand safety but, in about half of the states, a federal OSHA-approved state OSHA
\nprogram regulates non-federal workplaces. There are currently no occupational
\nstandards specifically for wildfire smoke, except in California.\u201d<\/p>\n

For indoor workers, they state: \u201cHVAC systems should be
\noperated continuously while occupied in order to provide the minimum quantity
\nof outdoor air for ventilation, as required by the standards or building codes
\nto which the building was designed. For many office buildings, this is often in
\nthe range of 15\u201320 cubic feet per minute (cfm) per person, although it could be
\nless in older buildings.\u201d They provide details on what steps need to be taken
\nto inspect and repair HVAC systems to protect from smoke. They provide
\nadditional information for protection of indoor workers: \u201cIn addition to
\nassessing and if necessary modifying the function of the HVAC system, employers
\nare encouraged to take other reasonable steps to reduce employee exposure to
\nsmoke, including alternate work assignments or relocation and telecommuting.
\nSome buildings rely on open windows, doors, and vents for outdoor air, and some
\nmay have mechanical ventilation systems that lack a functioning filtration
\nsystem to remove airborne particles. In these cases, the employees may need to
\nbe relocated to a safer location. Employees with asthma, other respiratory
\ndiseases, or cardiovascular diseases, should be advised to consult their
\nphysician for appropriate measures to minimize health risks. Respirators, such
\nas N95s and other filtering facepiece respirators, may provide additional
\nprotection to some employees against environmental smoke. Employees whose work
\nassignments require the use of respirators must be included in a respiratory
\nprotection program (including training, medical evaluations, and fit testing).\u201d<\/p>\n

New York, where wildfire smoke recently wreaked havoc, does have a Division of Safety and Health as part
\nof their Department of Labor but I\u2019m not finding anything specific relating to
\nsmoke hazards. They do have a website here: https:\/\/dol.ny.gov\/safety-and-health<\/a><\/p>\n

The bottom line is that it looks like New York and many
\nother states don\u2019t have specific safety standards on outdoor smoke, but they
\nprobably should. Employees nationwide are covered by OSHA. Here’s what OSHA
\nsays generally about workplace safety:<\/p>\n

You have the right to a safe
\nworkplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed
\nto prevent workers from being killed or seriously harmed at work. The law
\nrequires that employers provide their employees with working conditions that
\nare free of known dangers. OSHA sets and enforces protective workplace safety
\nand health standards. OSHA also provides information, training and assistance
\nto workers and employers. Workers may file a complaint to have OSHA inspect
\ntheir workplace if they believe that their employer is not following OSHA
\nstandards or that there are serious hazards. Contact OSHA at 1-800-321-OSHA
\n(6742) if you have questions or want to file a complaint. We will keep your
\ninformation confidential. We are here to help you.<\/p>\n

Most of the OSHA-specific standards regarding smoke involve
\nworkplace fires. But employers need to protect employees from hazardous
\nconditions, and that includes wildfire smoke. Employers need to take sensible
\nprecautions to protect employees. For employees who have medical conditions
\nthat place them at high risk for smoke exposure, they need to consider measures
\nsuch as remote work, alternate assignments, relocation, respirators, and
\nfilters. For indoor employees who aren\u2019t particularly vulnerable, employers
\nstill need to protect indoor workers with functional HVAC systems, filtration,
\nPPE if necessary, and relocation or remote work as necessary. For outdoor
\nworkers, employers should be providing respirators, frequent breaks into clean
\nair spaces, and any other protective equipment necessary.<\/p>\n

If you feel you are being put in unsafe conditions,
\nnotify OSHA and ask them to inspect the workplace. OSHA has a page about when you can
\nrefuse to perform work<\/a>. It says:<\/p>\n

If you believe working conditions
\nare unsafe or unhealthful, we recommend that you bring the conditions to your
\nemployer’s attention, if possible.<\/p>\n

You may file a complaint with OSHA
\nconcerning a hazardous working condition at any time. However, you should not
\nleave the worksite merely because you have filed a complaint. If the condition
\nclearly presents a risk of death or serious physical harm, there is not
\nsufficient time for OSHA to inspect, and, where possible, you have brought the
\ncondition to the attention of your employer, you may have a legal right to
\nrefuse to work in a situation in which you would be exposed to the hazard.
\n(OSHA cannot enforce union contracts that give employees the right to refuse to
\nwork.)<\/p>\n

Your right to refuse to do a task
\nis protected if\u00a0all<\/b>\u00a0of the following conditions are met:<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>Where
\npossible, you have asked the employer to eliminate the danger, and the employer
\nfailed to do so; and<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>You
\nrefused to work in “good faith.” This means that you must genuinely
\nbelieve that an imminent danger exists; and<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>A
\nreasonable person would agree that there is a real danger of death or serious
\ninjury; and<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>There
\nisn’t enough time, due to the urgency of the hazard, to get it corrected
\nthrough regular enforcement channels, such as requesting an OSHA inspection.<\/p>\n

You should take the following
\nsteps:<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>Ask
\nyour employer to correct the hazard, or to assign other work;<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>Tell
\nyour employer that you won’t perform the work unless and until the hazard is
\ncorrected; and<\/p>\n

\u00a7\u00a0 <\/span><\/span><\/span>Remain
\nat the worksite until ordered to leave by your employer.<\/p>\n

If your employer retaliates against
\nyou for refusing to perform the dangerous work, contact OSHA immediately.
\nComplaints of retaliation must be made to OSHA within 30 days of the alleged
\nreprisal. To contact OSHA call 1-800-321-OSHA (6742) and ask to be connected to
\nyour closest area office. No form is required to file a discrimination complaint,
\nbut you must call OSHA.<\/p>\n

In a situation involving wildfire smoke, I would expect that
\nvery few situations outside the range of the actual fire rise to the level of
\npresenting a risk of death or serious physical harm unless you have an
\nunderlying health condition, so I\u2019d recommend that most workers follow the
\nsteps OSHA requires: Bring it to the employer\u2019s attention. If they don\u2019t fix it
\nor provide appropriate protective equipment or otherwise eliminate the danger,
\nfile a complaint with OSHA and ask for an inspection.\u00a0<\/p>\n

Only if the work is so
\ndangerous that you are risking serious physical harm should you refuse to do
\nthe work.\u00a0<\/p>\n

If your employer retaliates for reporting them to OSHA, report the
\nretaliation to OSHA or contact an employee-side employment lawyer in your state<\/a>.<\/p>\n

<\/p>\n<\/div>\n\n","protected":false},"excerpt":{"rendered":"

It looks like wildfire smoke is becoming a fact of life for many Americans. What rights do you have if your workplace is in one of the dangerously smoky areas?\u00a0 OSHA actually has a web page about wildfires. It says, among other things, \u201cEach employer is responsible for the safety and health of its workers […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97],"tags":[253,13922,928,8063,11098],"dealstore":[],"offerexpiration":[],"class_list":["post-251116","post","type-post","status-publish","format-standard","hentry","category-legal","tag-heavy","tag-rights","tag-smoke","tag-wildfire","tag-workers"],"yoast_head":"\nWhat Rights Do Workers Have During Heavy Wildfire Smoke? - Som2ny Network<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/fivemor.com\/?p=251116\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"What Rights Do Workers Have During Heavy Wildfire Smoke? - Som2ny Network\" \/>\n<meta property=\"og:description\" content=\"It looks like wildfire smoke is becoming a fact of life for many Americans. 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