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As summer’s warm weather returns to Oregon, it is the perfect time for a refresher of OSHA’s heat and wildfire smoke rules. Keeping up on these obligations can be quite important because noncompliance can result in illnesses and injuries for employees, as well as fines and penalties for employers.

It’s getting hot in here

The requirements of OSHA’s heat illness prevention rules kick in for employees working in indoor or outdoor environments once the heat index equals or exceeds 80 degrees Fahrenheit and employees will be exposed to this heat for more than 15 minutes in any 60-minute period (absent one of the applicable narrow exceptions). These rules require specific actions to be taken when the heat index reaches that point as well as proactive planning and training that must occur prior to employees being exposed to the heat (as well as annually).

Accordingly, employers with outdoor workplaces and those with limited AC should prepare heat policies and trainings now, as employees must be trained before temperatures rise above 80 degrees. Oregon OSHA provides a large amount of guidance on what is expected in these policies and trainings, but generally the heat illness prevention plan and training must cover the various heat illness risk factors and controls, personal risk factors and employee rights under the rules, and procedures to comply with the various requirements described below. Employers must maintain for at least a year the training records that indicate the name of the employee who received the training, who conducted the training, and on what day it occurred.

Employers are also required to have in place an emergency medical plan that addresses the identification and response to possible heat illness, including when and how to contact and communicate with emergency medical responders, as well as an acclimatization plan regarding how employees can acclimatize to working in high heat. The employer’s plan should consider and address at least the following elements: (1) the effect of the type of work clothing or PPE on the body’s ability to retain heat; (2) effects of humidity; (3) whether work activities are outdoors or indoors; and (4) the intensity of the work being performed.

When conditions exceed 80 degrees, either outside or inside without mechanical ventilation, employers must provide employees with immediate access to at least 32 ounces of water per hour for each employee and access to sufficient shade.

When conditions reach 90 degrees and higher, employers must also monitor employees for signs of heat-related illnesses and ensure effective communication with a supervisor is achieved, as well as give a cool-down break/rest period lasting 10 minutes every two hours. If conditions reach 100 degrees or higher, employers must provide rest breaks lasting 15 minutes every hour.

Employers should be careful not to forget about remote employees when ensuring compliance with these rules. Employers are still required to provide employees who work from home with the annual heat-illness prevention training, although they are generally exempted from the other requirements.

Smoke on the water (and in the air)

The start of summer also means a higher risk for wildfires and smoke, which poses a health risk to outdoor workers and can trigger additional requirements. When employees might be exposed to wildfire smoke, employers should pay attention to Oregon’s wildfire smoke rules: OAR 437-002-1081. These apply to all workplaces where employees are outdoors or where employees are working in buildings with exterior openings (such as drive-thru windows). Additional rules apply to agricultural workplaces, at OAR 437-004-9791.

As with the heat illness prevention rules, employers covered by these rules must provide annual training and information to all employees who may be exposed to wildfire smoke at an air quality index (AQI) at or above 101. Topics must include, among other things, the potential health effects of exposure to wildfire smoke, the symptoms of exposure, the importance of using proper filtering respirators, the employer’s methods to protect employees from wildfire smoke, and how to utilize a two-way communication system for supervisors and employees to communicate hazards before exposure occurs. Records of this training documenting who was trained, who did the training, and when, should be maintained for one year.

When the AQI reaches 101, employers must implement engineering and administrative controls that are functionally possible and would not prevent the completion of work to reduce exposure, and must provide all outdoor and outdoor-exposed employees with a NIOSH-approved filtering facepiece respirator, such as an N-95 mask. Employees do not need to wear a filtering facepiece, but employers must provide them. Covered employers should order enough face coverings for each outdoor employee before the fire season begins and routinely keep track of their supply of face coverings during fire seasons.

When the AQI reaches 277 (these thresholds changed last year), employers must ensure their employees wear a properly sized NIOSH-approved respirator. When air quality levels exceed 849 AQI, employers must implement a respiratory protection policy that requires medical evaluations for employees using respirators, exposure monitoring, and moving employees indoors or changing their schedules, when possible, to avoid wildfire smoke exposure. The requirements are complex; employers who cannot suspend work even with AQI levels above 849 should consult with an attorney to develop a policy that complies with OAR 437-004-1041.

Employers can find NIOSH-approved filtering facepiece respirators at most hardware stores and should look for N-95 masks or other masks (such as N99, N100, R95, R99, R100, P95, P99, or P100) marked with the NIOSH logo. Check current air quality index conditions across the state at .

Wilson Jarrell is a Barran Liebman LLP partner. He advises and represents employers on a wide range of workplace issues. Contact him at 503-276-2181 or [email protected].

Avery Tunstill is a law clerk with Barran Liebman LLP. She partners with attorneys in client trainings, legal research, and drafts of employment policies and handbooks. Contact her at 503-276-2150.

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the authors and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither author nor the 91ÊÓƵ guarantees the accuracy or completeness of any information published herein.