Washington State Releases New Smoke Regulations to Protect Wildfire Workers

SEATTLE—As wildfire conditions worsen in Washington, officials adopted emergency rules Friday to protect outdoor workers from the dangers of smoke exposure.

The new measures released by the state Department of Labor and Industries require employers to provide workers spaces where air is properly filtered, rest breaks and work schedule changes when the Air Quality Index set by the Environment Protection Agency reaches 151.

At this level, employers are also required to monitor air quality, notify employees of exposure hazards and provide respiratory protective masks and training on smoke exposure health hazards.

“While wildfire smoke events affect whole regions … workers in outdoor environments are particularly at risk,” said Dina Lorraine, a spokesperson for L&I.

Workers tend to have higher respiratory rates leading them to inhale more smoke than someone who is at a resting heartbeat, she said.

Washington is just the second state to issue regulations regarding workers and wildfire smoke. California adopted similar measures in 2019.

Employers are encouraged to follow the emergency rules when AQI levels fall under 151. Although the new protections are in immediate effect, employers will be given a seven-day grace period before enforcement begins. Trainings are required by Aug. 2.

Erik Nicholson, former vice president of the United Farm Workers, said the protections don’t go far enough as wildfire smoke is harmful to workers at levels lower than the 151 AQI threshold set by L&I. Encouraging employers to act at levels that fall below that, instead of requiring them, fails workers, he said.

“It’s absolutely meaningless,” Nicholson said. “We’ve seen too many times in agriculture where growers don’t provide workers with the safety and the protection they need.”

The regulations come as more than 900 blazes across the state have burned through at least 140,000 acres, some near agricultural communities including the Red Apple fire near Wenatchee. And earlier this month, the state released an emergency rule to provide farmworkers and other outdoor workers with additional protection from heat-related illnesses.

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