Oregon OSHA Proposes Rules to Protect Workers Against Extreme Heat and Wildfire Smoke

Salem, OR (WorkersCompensation.com) - Oregon OSHA is proposing rules that would strengthen protections for Oregon workers against health and safety hazards linked to the impacts of climate change: extreme heat and wildfire smoke. The rules would provide the strongest such protections in the nation.

The proposed heat illness prevention rule encompasses a variety of protective measures, including access to shade and cool water, work/rest schedules, information and training, and other preventive actions and plans. The proposed wildfire smoke rule includes an array of exposure assessments and controls, and training and communication steps.

Both rule proposals encompass protective measures for workers who rely on employer-provided housing, including as part of farm operations. 

Development of the rule proposals – which build on temporary emergency rules adopted in summer 2021 – included extensive input and review by rule advisory committees, and employer and labor stakeholders. The rule development process also featured worker and community stakeholder listening sessions.

“These rulemaking efforts demonstrate our commitment to bolstering Oregon’s ability to protect workers – especially vulnerable workers who work outdoors – from extraordinary hazards that have been worsened by climate change,” said Andrew Stolfi, director of the Oregon Department of Consumer and Business Services (DCBS), which includes Oregon OSHA. “The dangers of extreme heat and wildfire smoke are not going away. That is why we must continue to build up our safeguards against them.”

Oregon OSHA is seeking public input on the proposed rules in a variety of ways through mid-March. The proposed heat rule will have three virtual public hearings at 6 p.m. Wednesday, Feb. 23; 6 p.m. Thursday, Feb. 24; and 10 a.m. Friday, Feb. 25. The proposed wildfire smoke rule will have three virtual public hearings at 6 p.m. Wednesday, March 2; 6 p.m. Thursday, March 3; and 10 a.m. Friday, March 4. Details on how to sign up for the hearings – as well as other options for making comments – are now available for heat and wildfire smoke. 

“We welcome public input on these rule proposals, which are intended to increase protections for workers while creating greater clarity, practicality, and predictability for employers as they move forward,” said Lou Savage, interim administrator for Oregon OSHA. “These proposals reflect Oregon OSHA’s longstanding mission to advance safety and health for all Oregon workers.”

The division anticipates adopting the rules in April 2022, ahead of the grow and wildfire seasons. The rulemaking efforts are part of Oregon’s larger and ongoing work – initiated by Oregon Gov. Kate Brown – to mitigate the impacts of climate change.

Workers have a right to a safe and healthy workplace. That includes the right to raise concerns free from retaliation and to file a complaint with Oregon OSHA, which advances safety for all Oregon workers through enforcement, consultation, technical, and public education and training services. The Ombuds Office for Oregon Workers, an independent advocate, offers workers help in understanding their rights within workplace safety and health rules, and their rights within the workers’ compensation system.

Moreover, the DCBS Multicultural Communications Program provides outreach to communities with limited English proficiency. That outreach includes information about on-the-job safety and health. The program includes a toll-free phone number for Spanish-speaking Oregonians: 800-843-8086.

Oregon OSHA encourages careful readings of the heat and wildfire smoke rule proposals. The following are summaries of each rule proposal:

Proposed heat illness prevention rule

The heat illness prevention rule would apply to any workplace – outdoors and indoors – where heat dangers are caused by the weather and where the heat index equals or exceeds 80 degrees Fahrenheit. It would exempt, for example, incidental heat exposures where an employee is not required to perform work for more than 15 minutes in any 60-minute period.

The requirements for employers would include:

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