Last month, we wrote about the Department of Labor & Industries’ efforts to adopt emergency rules for wildfire smoke and outdoor heat exposure while they continue to work on permanent rules. While the persistent spring gloom continues to hang on, hot weather and wildfires may seem like a distant problem. However, on June 1, L&I adopted final versions of both emergency rules. Both rules are in effect from June 15 to September 29.

2022 emergency wildfire smoke rule

You can find the text of the 2022 emergency wildfire smoke rule here. You can also learn more about the different scales used for measuring smoke concentrations in our article about the 2021 rule here.

As in last year’s emergency rule, the 2022 emergency wildfire smoke rule only effects outdoor workers and is only triggered when employers should reasonably anticipate PM2.5 concentrations from smoke (the particulate matter that is used to measure smoke) of 20.5 micrograms per cubic meter, the equivalent of Air Quality Index 69. At that point, employers are encouraged (but not required) to provide exposure controls or respirators for voluntary use and are required to inform employees and train them about reducing potential smoke hazards. Employers are expected to monitor smoke conditions during workers’ shifts using either their own equipment or measurements from a nearby official air quality monitoring station like those run by the Dept. of Ecology or U.S. EPA.

At concentrations of 35.5 µg/m3 (AQI 101), employers must implement exposure controls (like moving to an air filtered-enclosed space or relocating the worksite) when feasible and provide N-95 (or better) respirators for voluntary use. In the main change from the 2021 rule (which included no mandatory components), at 555 µg/m3 (beyond AQI 500, beyond what’s considered hazardous) employees must be enrolled in a complete respiratory protection program to continue working at the smoke-impacted site and are required to wear more robust respirators. Such a program will require mandatory fit testing to ensure proper mask usage.

You can find out more about the Wildfire Smoke emergency rule and permanent rulemaking efforts at L&I’s wildfire smoke rulemaking site.

2022 emergency heat exposure rule

You can find the text of the 2022 emergency high heat exposure rule here. The emergency rules are enhancements to existing permanent outdoor heat exposure rules that have been in place since 2008.

The primary difference between the 2022 emergency rule and last year’s rule is that it lowers the temperature threshold to trigger mandatory paid cool down break requirements for outdoor workers from 100°F to 89°F. At 89°F, employers are required to allow employees a cool-down rest period of at least 10 minutes every 2 hours, maintain reliable communications with workers in the field, and monitor employees for signs of heat-related illnesses during their shifts.

The 2022 rule also includes new requirements for offering outdoor workers’ shaded areas where they can take cool-down rest breaks and encourages employers to monitor acclimatization of new employees to high outdoor temperatures.

You can find out more about the Outdoor Heat Exposure emergency rule and permanent rulemaking efforts at L&I’s ambient heat exposure rulemaking site.