Salem – Moving to increase protections for workers against the effects of climate change, Oregon OSHA is adopting two new and distinct emergency rules. One puts protections in place against the hazards of wildfire smoke. Another establishes safeguards against high heat in employer-provided housing.
The wildfire smoke rule encompasses a variety of exposure controls, training and information, and other measures. The heat rule applies to occupants of housing provided by employers. It requires access to cooling areas and other steps to minimize dangerous heat in housing units.
Both rules take effect Aug. 9 and remain in effect for 180 days. The rules reflect those provisions Oregon OSHA believes can be put in place immediately and are based largely on input from labor and employer stakeholders.
“These rules underscore our ongoing work to bolster Oregon’s ability to protect workers from extraordinary hazards that have been exacerbated by climate change,” said Andrew Stolfi, director of the Oregon Department of Consumer and Business Services, which includes Oregon OSHA. “Wildfire smoke and extreme heat continue to pose threats to our communities. Those threats are not going away. And that is why we must act.”
“These latest measures reflect our long-standing mission of advancing protections for all Oregon workers,” said Michael Wood, administrator for Oregon OSHA. “That mission is even more important now in light of the unprecedented challenges to worker safety.”
“We believe these rules provide better safeguards for workers,” Wood added, “and create greater clarity for employers as they move forward.”
The two temporary rules follow Oregon OSHA’s July 8 adoption of emergency requirements to prevent heat illness in outdoor and indoor workplaces. In addition to its enforcement tools, Oregon OSHA offers employers free consultations and expert advice to help comply with the requirements. Meanwhile, the division continues to develop a permanent wildfire smoke rule with an eye toward adoption this fall. Also, it is working on permanent protections involving housing provided by employers.
Workers have a right to a safe and healthy workplace. That includes the right to raise concerns free from retaliation and to file a complaint with Oregon OSHA. Oregon OSHA encourages a careful reading of the temporary rule providing protection from wildfire smoke – which includes protective measures for employer-provided housing – and of the temporary rule addressing high heat in employer-provided housing. The following are summaries of each rule’s provisions:
Protection from wildfire smoke
The wildfire smoke rule applies to employers whose employees are – or will be – exposed to wildfire smoke where the ambient air concentration for fine particulate matter (also known as PM2.5) is at or above an Air Quality Index (AQI) 101, which is unhealthy for sensitive groups. Sensitive groups include people with lung and heart problems; children younger than 18 and adults older than 65; pregnant women; and people with diabetes.
Workplaces and operations that are exempt from the rule include enclosed buildings in which the air is filtered by a mechanical ventilation system and enclosed vehicles in which the air is filtered by a cabin air filter. In both cases, doors and windows must be closed, except when it is necessary to enter or leave.
Information and training
Communication system
Exposure controls
Meanwhile, Oregon OSHA is coordinating with several partners on the distribution of respirators. That coordination includes working with the Oregon Department of Agriculture, the Oregon Home Builders Association, the Associated General Contractors Oregon Columbia Chapter, and Hoffman Construction.
Employer-provided housing heat rule
Consultation, technical advice, educational and other resources
Oregon OSHA offers free resources – involving no citations, no penalties, and no fault – to help employers comply with workplace health and safety requirements. They include:
Consultation services – Provides free help with safety and health programs, including how to control and eliminate hazards, and hands-on training
Technical staff – Helps employers understand requirements and how to apply them to their worksites
Also, the Oregon Department of Consumer and Business Services, which includes Oregon OSHA, maintains the Multicultural Communications Program that provides outreach to communities with limited English proficiency. That outreach encompasses information about on-the-job safety and health. The program includes a toll-free phone number for Spanish-speaking Oregonians: 800-843-8086.
Oregon OSHA encourages workers to learn about their rights to raise safety concerns and to protect against retaliation.
The division offers a how-to video on the proper care and use of N95 respirators in Spanish and English. Other resources include:
Oregon OSHA, a division of the Department of Consumer and Business Services, enforces the state’s workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. For more information, visit Oregon OSHA.