Or. Admin. R. 437-004-9791

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-004-9791 - Protection from Wildfire Smoke

Note: Oregon OSHA recognizes that occupational wildfire smoke exposures can occur in particularly dynamic situations. Employers must address such hazards based on the information available to them through the exercise of reasonable diligence.

(1) Scope and application. This standard applies to public and private sector employers whose employees are or will be exposed to wildfire smoke where the ambient air concentration for fine particulate matter (PM2.5) is at or above 35.5 µg/m3 (Air Quality Index value of 101 for PM2.5)

(a) The following workplaces and operations are exempt from this standard:

(A) Enclosed buildings and structures in which the air is filtered by a mechanical ventilation system and the employer ensures that windows, doors, bays, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit;

(B) Enclosed vehicles in which the air is filtered by a properly maintained cabin air filter system, and when the windows, doors, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit. Buses, light rails, and other enclosed vehicles used for public transit systems where doors are frequently opened to board and deboard passengers are not included under this exemption;

(C) When the employer predetermines that operations will be suspended to prevent employee exposure to wildfire smoke at an ambient air concentration for PM2.5 of 35.5 µg/m3 (AQI 101) or higher; and

(D) Employees working at home.

(b) The following workplaces and operations are only subject to subsections (4)(a) through (4)(g) "information and training," and subsection (7)(b) "voluntary use of filtering facepiece respirators" under this standard:

(A) Wildland firefighting and associated support activities such as fire camp services and fire management;

(B) Emergency operations that are directly involved in the protection of life or property, public safety power shutoffs, or restoration of essential services, such as evacuation, rescue, medical, structural firefighting, law enforcement, utilities, and communications; and

(C) Work activities involving only intermittent employee exposure of less than 15 minutes in an hour to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101) for a total exposure of less than one hour in a single 24-hour period.

(2) Definitions.

(a) Air Quality Index - The Air Quality Index (AQI) was developed by the U.S. Environmental Protection Agency (EPA) as an indicator of overall air quality and is based on the five criteria pollutants regulated under the Clean Air Act: groundlevel ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide.

(b) NIOSH - The National Institute for Occupational Safety and Health of the United States Centers for Disease Control and Prevention. NIOSH tests and approves respirators for use in the workplace.

(c) PM2.5 - Solid particles and liquid droplets suspended in air, known as fine particulate matter, with an aerodynamic diameter of 2.5 micrometers or smaller and measured in micrograms per cubic meter (µg/m3).

(d) Sensitive groups - Individuals with pre-existing health conditions and those who are sensitive to air pollution who are among those likely to experience health problems from exposure to wildfire smoke. Examples of sensitive groups include: people with lung disease such as asthma or chronic obstructive pulmonary disease (COPD), including bronchitis and emphysema, and those who smoke; people with respiratory infections, such as pneumonia, acute bronchitis, bronchiolitis, cold, flu, or those recovering from severe respiratory illness; people with existing heart or circulatory problems, such as irregular heart beat, congestive heart failure, coronary artery disease, angina, and those who have had a heart attack or stroke; children under 18 years old, and adults over age 65; pregnant women; people with diabetes; and people with other medical or health conditions which can be exacerbated by exposure to wildfire smoke as determined by a physician or other licensed healthcare provider.

(e) Wildfire smoke - Emissions from unplanned fires in wildlands, which may include adjacent developed and cultivated areas to which the fire spreads or from where it originates.

(f) Wildlands - Uncultivated and sparsely populated geographical areas covered primarily by grass, brush, trees, slash, or a combination thereof.

(3) Exposure assessment. Monitor employee exposure to wildfire smoke when employees are, or are likely to be, exposed to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101). This monitoring must be performed at the start of each shift, and as needed, to comply with the applicable requirements of sections (6) and (7) of this standard, by using one or more of the following methods:

(a) Check the current average and forecasted AQI value for PM2.5 from the Oregon Department of Environmental Quality, U.S. EPA AirNow or Interagency Wildland Fire Air Quality Response Program websites, or equivalent source;

(b) Check notifications of air quality advisories due to wildfire smoke issued by the Oregon Department of Environmental Quality or local government health agencies;

(c) Directly measure workplace ambient air concentration for PM2.5 in accordance with the testing device manufacturer's user instructions; or

(d) If the employer determines and can demonstrate that none of the methods in subsections (3)(a) through (3)(c) of this standard are available for their work location, the employer can then use the 5-3-1 Visibility Index provided in Appendix B, Table 1 of this standard to estimate the current air concentration for PM2.5, and equivalent AQI value, during daylight hours.

(4) Information and training. Provide wildfire smoke training to all employees, including new employees, supervisory and non-supervisory employees, who may be exposed to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101). The training must be provided annually before employees are exposed in a language and vocabulary readily understood, and in a manner that facilitates employee feedback. The training must include at least the following information:

(a) The symptoms of wildfire smoke exposure:

(A) Eyes: burning sensations, redness, and tearing of the eyes caused by irritation and inflammation of the eyes that can temporarily impair one's vision;

(B) Respiratory system: runny nose, sore throat, cough, difficulty breathing, sinus irritation, wheezing, shortness of breath; and

(C) Fatigue, headache, irregular heartbeat, chest pain.

(b) The potential acute and chronic health effects from wildfire smoke exposure, including increased health risks to "sensitive groups" as defined in subsection (2)(d) of this standard, and how chronic exposures can increase the risk of cardiovascular disease and can exacerbate an individual's asthma;

(c) Each employee's right to report health issues related to wildfire smoke exposure and obtain medical treatment for such workplace exposures without fear of retaliation;

(d) How employees can obtain the current average and forecasted ambient air concentration for PM2.5 and equivalent AQI value for their work location;

(e) The importance, limitations, and benefits of using a filtering facepiece respirator, that is provided by the employer at no cost to the employee to reduce exposure to wildfire smoke, and how to use and maintain their filtering facepiece respirator;

(f) The employer's methods to protect employees from wildfire smoke as required by section (7) of this standard, including how filtering facepiece respirators are required to be made readily accessible to employees for voluntary use when workplace ambient air concentration for PM2.5 is at or above 35.5 µg/m3 (AQI 101), and how employees can obtain such respirators before exposure and replace them when needed;

(g) Review of any job tasks performed by employees that the use of a filtering facepiece respirator would expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure, and must not be used when performing such tasks;

(h) The procedures supervisors must follow when an employee reports or exhibits health symptoms that necessitate immediate medical attention such as, but not limited to, asthma attacks, difficulty breathing, and chest pain;

(i) How to operate and interpret exposure results based on any PM2.5 monitoring device used by the employer in compliance with this standard; and

(j) An explanation of the employer's two-way communication system for wildfire smoke exposure control information as required by section (6) of this standard.

(5) Training documentation. Verify supervisor and employee training required under section (4) of this standard by preparing a written or electronic record that includes at least the name or identification number of each employee trained, the date(s) of the training(s), and the name of the person(s) who conducted the training. The most recent annual training record for each employee must be maintained for one year.

(6) Employer two-way communication. Before employees are exposed to an ambient air concentration of PM2.5 at or above 35.5 µg/m3 (AQI 101), develop and implement a two-way system to communicate wildfire smoke information between supervisors and employees. At a minimum, this communication system must include:

(a) A means to notify exposed employees of any changes in the air quality at their work location that would necessitate an increase or decrease in the level of exposure controls required in section (7) of this standard; and

(b) A means to enable and encourage employees to inform their employer or supervisor of at least the following:

(A) Any changes in the air quality at their work location that could necessitate an increase or decrease in the level of exposure controls required by section (7) of this standard;

(B) Any availability issues of appropriate exposure control measures required by section (7) of this standard; and

(C) Any health symptoms that may be the result of wildfire smoke exposure and that could necessitate medical attention.

Note: The employer's emergency medical plan provisions to comply with Division 4, Subdivision K, OAR 437-0041305(4), must address the types medical situations that employees could encounter, including those conditions relating to wildfire smoke exposure.

(7) Exposure controls.

(a) Engineering and administrative controls. Implement engineering and administrative controls to reduce employee PM2.5 exposure to less than 35.5 µg/m3 (AQI 101), unless the employer can demonstrate that such controls are functionally impossible, or would prevent the completion of work.

(A) Appropriate engineering controls may include, but are not limited to, temporarily relocating outdoor workers to available indoor areas or vehicles where the air is adequately filtered, or using portable air purifiers equipped with HEPA filters (or similar high-efficiency air filters) that are sufficient in number and performance for the size of the enclosed area where used.

(B) Appropriate administrative controls may include, but are not limited to, temporarily relocating outdoor work operations to another outdoor location with better air quality when work permits, and changing employee work schedules to when better air quality is forecasted.

(b) Voluntary use of filtering facepiece respirators. Whenever employee exposure to PM2.5 is at or above 35.5 µg/m3 (AQI 101), even after the implementation of engineering and administrative controls, ensure that appropriate NIOSH-approved filtering facepiece respirators are provided to employees for voluntary use, strictly for protection against wildfire smoke, when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. Ensure that such respirators are:

(A) Provided and replaced as needed at no cost to employees by either:

(i) Distributing filtering facepiece respirators directly to each exposed employee; or

(ii) Maintaining a sufficient supply of filtering facepiece respirators that is readily accessible and known to any exposed employee at each work location. This respirator supply must be in a location that does not restrict or hinder employee access to respirators or discourage the replacement of a respirator when needed.

(B) Stored and maintained so that they do not present a health hazard to the user.

Note: Voluntary use of filtering facepiece respirators under subsection (7)(b) in this standard is not subject to the requirements under the Respiratory Protection Standard - OAR 437-004-1041.

Note: Employer supplies of NIOSH-approved filtering facepiece respirators for voluntary use should include an adequate size selection for exposed employees.

(c) Required use of filtering facepiece respirators in accordance with a Wildfire Smoke Respiratory Protection Program. Whenever employee exposure to PM2.5 is at or above 200.9 µg/m3 (AQI 251), even after the implementation of engineering and administrative controls, ensure that employees wear appropriate NIOSH-approved filtering facepiece respirators when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. When such filtering facepiece respirators are provided and used strictly for protection against wildfire smoke, the employer may implement and follow the Wildfire Smoke Respiratory Protection Program as described in Appendix A of this standard in lieu of conducting medical evaluations and fit testing, which are otherwise required under the Respiratory Protection Standard - OAR 437-004-1041.

(d) Required use of respirators in accordance with the Respiratory Protection Standard - OAR 437-004-1041. Whenever employee exposure to PM2.5 is at or above 500.4 µg/m3 (AQI 501), even after the implementation of engineering and administrative controls, ensure that employees wear appropriate NIOSH-approved respirators that protects wearers from PM2.5 when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. For respirators used exclusively to protect employees from wildfire smoke concentrations of PM2.5 at or above 500.4 µg/m3 (AQI 501), develop and implement a complete Respiratory Protection Program in accordance with OAR 437-004-1041, Respiratory Protection.

Note: The requirements of subsections (7)(c) and (7)(d) do not apply to occupants of employer-provided housing while they are inside the housing.

Note: Elastomeric respirators are distinct from filtering facepiece respirators. If elastomeric respirators are used to reduce employee exposure to wildfire smoke at any PM2.5 concentration, employers must comply with all applicable requirements under of the Respiratory Protection Standard - OAR 437-004-1041.

Or. Admin. R. 437-004-9791

OSHA 4-2022, amend filed 05/10/2022, effective7/1/2022

Statutory/Other Authority: ORS 654.025(2), 654.035, 656.726(4)

Statutes/Other Implemented: ORS 654.001 through 654.295