Summer 2023 has seen the Department of Labor & Industries (L&I) move to make permanent two sets of labor rules meant to protect outdoor workers. This month, we’re taking the opportunity to remind readers about the development and implementation of L&I’s ambient heat exposure and outdoor wildfire smoke exposure rules. Full rulemakings by the department are complete (or nearly complete as of this writing) for both sets of rules, and Washington now joins a small handful of states that have permanent labor rules regarding outdoor heat and wildfire smoke.

Ambient Outdoor Heat Exposure Rule now in place

We last wrote about the rulemaking for the permanent ambient heat exposure rule in late March, when that formal rulemaking process was just getting underway. L&I has since adopted a final permanent rule in June, and it became effective July 17. Similar to what we noted about the draft rule, the final rule:

• Applies to almost outdoor workers (except firefighters) at any time of year whenever they are exposed to outdoor temperatures of 52°F for workers in nonbreathable clothes and 80°F for workers in all other types of clothes.
• Requires employers to update their written outdoor heat exposure safety programs and update their safety training (including providing first aid) for outdoor workers.
• Requires employers during high heat to: encourage employees to take preventative cool-down breaks, provide shade or other means of cooling down during employee breaks, provide cool drinking water for employees, and closely observe employees for 14 days if they are not yet acclimatized to working in heat.
• When temperatures hit 90°F or more, requires employers to include mandatory 10-minute cool down breaks every two hours. When temperatures are 100°F+, mandatory breaks are 15 minutes every one hour.

Wildfire Smoke Exposure Rule coming soon

We last wrote about the rulemaking for the permanent wildfire smoke exposure rule in June when the rulemaking process was just getting underway. Check out this article for a good summary of what the draft rule does in terms of tying employer requirements to certain levels of smoke. L&I had several virtual and in-person hearings around the state during July and was accepting public comments on the draft rule until August 4. The department is aiming to respond to comments and adopt a final rule by August 18. Some of the key points that were included in the draft rule (and are likely to stay in the final rule) include:

• Requiring employers to monitor smoke at worksites or use approved air quality monitoring services, and monitor employees for signs of smoke exposure.
• Requiring employers to provide annual training and prepare a smoke exposure response plan ahead of any employee smoke exposures.
• At AQI 69 (Moderate), consider providing respirators for voluntary use by outdoor workers, or consider other exposure controls.
• At AQI 101 (Unhealthy for Sensitive Groups), employers must provide N-95 respirators for voluntary use.
• At AQI 301 (Hazardous), employers must directly distribute N-95 respirators to employees for voluntary use.
• At AQI 500 (Hazardous), employers must implement a mandatory required use respiratory protection program, including fit testing, clean shaven employees, and use of approved particulate respirators.