California Wildfire Smoke Regulations: What Employers Need to Know

This article is from The National Law Review: https://ow.ly/emHj50UFLZj With wildfires increasingly affecting communities across Southern California and beyond, employers must be proactive in protecting their workforce from hazardous air quality. California’s wildfire smoke standard, enforced by Cal/OSHA, outlines specific responsibilities for businesses when wildfire smoke poses a risk to employee health.

When the Regulation Applies

The wildfire smoke standard applies to most outdoor workplaces—and many indoor ones—when the Air Quality Index (AQI) reaches 151 or higher, indicating unhealthy conditions due to wildfire smoke. This includes not just open-air jobsites, but also indoor facilities like:

• Warehouses

• Packing plants

• Distribution centers

• Manufacturing sites

...if the air is unfiltered or doors and windows are regularly kept open.

How Employers Can Stay Compliant

Employers are expected to monitor air quality and act quickly to protect their teams. Key requirements under the standard include:

• Monitoring AQI levels using reliable sources such as:

  • U.S. EPA AirNow

  • California Air Resources Board

  • Local air quality management districts

• Training employees on wildfire smoke hazards, including the content outlined in Appendix B of Section 5141.1

• Communicating openly with employees about risks and protective measures

• Modifying work conditions when feasible to reduce smoke exposure

• Providing N95 respirators for voluntary use when AQI is above 151

• Requiring respirator use when AQI exceeds 500 due to wildfire smoke

If respirators cannot be obtained and the air is unsafe, employers may be required to halt operations until conditions improve.

Cal/OSHA provides an updated list of vendors with available N95 supplies, helping employers stay equipped during wildfire season.

Additional Considerations: Wages and Workplace Disruption

Employers should also be aware of their compensation obligations during wildfire events. The California Labor Commissioner’s Office offers a helpful FAQ page addressing employment-related issues such as:

• Pay requirements during business closures

• Time off for employees affected by wildfires

• Guidelines for alternative work arrangements

  
  

Be Prepared, Stay Safe

Wildfire smoke can develop rapidly and spread across large areas of California with little warning. Employers should create wildfire response plans now, ensuring they have the training, communication, and resources in place to act immediately when air quality drops.

Staying compliant with the state’s wildfire smoke standard not only protects your business from liability—but more importantly, it safeguards your team’s health during a growing environmental threat.