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Oregon issues temporary rules on wildfire smoke protection

August 2021 employment law letter
Authors: 
Cal Keith, Perkins Coie LLP

Following up on new excessive heat regulations, Oregon has issued temporary rules to protect employees from wildfire smoke. The rules have training and notification requirements and, notably, respirator specifications.

Who’s covered, not covered

The new temporary rules apply whenever employees will be exposed to wildfire smoke producing an ambient air concentration for fine particulate matter with a diameter less than 2.5 micrometers in size, often referred to as PM 2.5, resulting in an Air Quality Index (AQI) of 101 or above. Forest fire smoke often hits those numbers.

The rules specifically exempt workers in enclosed buildings and structures with mechanically filtered air as long as the employer ensures all windows and exterior openings are closed except when necessary to enter and exit.

Similarly, the rules don’t apply when (1) employees are in vehicles with a cabin air filter and (2) windows and doors are kept closed except as necessary. Mass transportation, such as buses and light rails where doors are frequently opened to board and disembark passengers, however, aren’t exempt from the rules.

Wildland firefighters, rescue, utilities, communications, and medical operations involved in aiding emergency or firefighter operations are exempt from the training requirements but aren’t exempt from the notification and exposure-control rules described below.

What’s covered

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