New Washington Heat and Wildfire Smoke Exposure Emergency Rules Effective June 15 Through September 29.

The Washington Department of Labor and Industries has announced emergency rules aimed at protecting employees working outside this summer.  The emergency rules enhance heat exposure obligations already in place and establish requirements related to wildfire smoke exposure. The full text of the emergency rules can be found here:  Heat and Wildfire Smoke.  The emergency rules will take effect June 15^th and last through September 29^th.    

Heat Exposure

The heat exposure rules apply to employers with employees performing work outdoors for at least 15 minutes in a 60 minute period in heat at or above specified temperatures.  The temperature at which obligations to prevent heat-related illness are triggered is determined by the clothing and/or personal protective equipment the employee is required to wear. The temperatures below identify the threshold levels at which employers are required to take action.

• 52° F:  For employees required to wear nonbreathable clothes including vapor barrier clothing or PPE such as chemical resistant suits
• 77° F:  For employees required to wear double-layer woven clothes including coveralls, jackets and sweatshirts
• 89° F:  For employees wearing all other clothing

In addition to the existing obligations triggered by heat, employers must now also provide:

1. Suitably cool drinking water:  While there are no specific water temperature requirements within the rules, the Department has suggested that water between 50° and 60° is recommended.  Existing rules require employers to provide at least one quart of water per employee per hour.  
2. Access to adequate shade: The employer is required to provide one or more areas of shade that is open to the air or includes ventilation or cooling.  Such areas must not adjoin a radiant heat source such as machinery or a concrete structure and must be close to the areas where work is being performed.  Employers may provide equally effective (or more effective) alternatives to shade.
3. Encouraged cool-down rest periods: Cool-down rest periods should be encouraged as needed to prevent overheating and must be paid unless taken during a meal period. 
4. Mandatory cool-down rest periods: At 89° F or hotter, employers must provide paid mandatory cool-down rest periods of at least 10 minutes every two hours.  Mandatory cool-down rest periods may take place at the same time as rest and/or meal periods required by law.  Mandatory cool-down rest periods need not be paid if taken during a meal period. 
5. Effective communication method between supervisors and employees:  Supervisors and employees must be able to communicate via voice, observations, or electronic means. 
6. Effective means to observe signs and symptoms of heat-related illness: Employers must be able to effectively observe employees during the work day. Observations may occur through radio or cellular phone, a mandatory buddy system, or other effective means.
7. Employee Training:  In addition to existing required training topics, employers must also provide training regarding the importance of removing heat-retaining clothing, taking preventative cool-down rest periods as needed to prevent overheating, mandatory cool-down rest periods, location, and procedures for accessing shade or effective shade alternative, procedures for observation and communication between supervisors and employees concerning heat-related illness.

The Department has released guidance, including links to additional information, training resources, as well as questions and answers.

Wildfire Smoke Exposure

In addition to protections related to heat exposure, the new emergency rules also seek to protect employees exposed to wildfire smoke as a result of their work.  The wildfire smoke exposure rules apply to workplaces where it is reasonably expected that employees will be exposed to wildfire smoke with an Air Quality Index (AQI) of 69 or higher for more than one hour in a 24-hour period.  Certain workplaces are exempt from the new rules, including enclosed buildings or structures where windows, doors, bays and other exterior openings are kept closed except to enter or exit; vehicles with a cabin air filter and where windows, doors, and other opening are closed except to enter or exit; and workplaces covered by the safety standards for firefighters. 

Affected employers are required to determine exposure levels for employees, encourage or provide employees with free respirators at specified air quality levels, establish a system for communicating wildfire smoke hazards to employees, provide specific training and training material to employees and supervisors, and monitor employees for adverse symptoms, among other requirements. 

The Department has released guidance, including links to additional information (such as what qualifies as a respirator), resources for obtaining air quality information, and questions and answers.  

Employers with employees working outside this summer are encouraged to thoroughly read all of the emergency rules and review the Department’s Be Heat Smart and Wildfire Smoke web pages.