Washington issues wildfire smoke emergency rule

The Washington Department of Labor & Industries (L&I) filed a new emergency rule on July 16, 2021, providing increased protection to employees exposed to wildfire smoke. The rule took effect immediately, though enforcement for various provisions is slightly delayed.

Who’s affected

The emergency rule applies to workplaces in which an employer “should reasonably anticipate that employees may be exposed to wildfire smoke.” Notably, its reach isn’t limited to agricultural workers, construction workers, or other employees who may traditionally be the aim of such rules. The rule’s language can encompass, for example, restaurants with outdoor seating, outdoor venues hosting events (e.g., baseball and soccer stadiums), or other similar workplaces.

There are, however, a few exceptions to the rule’s scope. Specifically, it doesn’t apply to workplaces with:

• Enclosed buildings or structures in which employers can ensure windows, doors, and other openings are closed (other than as necessary to enter and exit);
• Enclosed vehicles in which air is filtered and the employer ensures windows, doors, and other openings are closed (again, except when necessary to enter or exit the vehicle); and
• Workspaces in which employees are exposed to high concentrations of particulate matter or poor air quality for a total of one hour or less during a shift.

Firefighters engaged in wildland firefighting also are exempt.

What’s required