Worker Protections During the 2025 Los Angeles Wildfires

California has robust regulations in place to protect workers from wildfire smoke, particularly those working outdoors. The cornerstone of these regulations is Cal/OSHA’s Section 5141.1, Protection from Wildfire Smoke. This standard mandates that employers take specific measures when the Air Quality Index (AQI) for PM2.5, a harmful particulate matter, reaches 151 or greater. These measures include:

• Determining employee exposure to PM2.5: Employers must assess exposure levels at the start of each shift and periodically thereafter. This can be done by checking AQI forecasts from reliable sources like the U.S. EPA AirNow, the U.S. Forest Service, or by using direct-reading instruments.
• Communicating wildfire smoke hazards: Employers need to establish a system for communicating hazards in a language and manner understandable to all employees. This includes encouraging employees to report concerns without fear of reprisal.
  
   
• Providing training and instruction: Employees must receive training on wildfire smoke hazards, including information on health effects, protective measures, and the proper use of respirators.
  
   
• Implementing controls to reduce exposure: When feasible, employers should implement engineering controls, such as providing enclosed structures with filtered air or ensuring proper ventilation in indoor workplaces, to minimize exposure. For instance, employers can provide enclosed structures or vehicles where the air is filtered for employees to work in.
  
   

   

   
• Providing respirators: When the AQI for PM2.5 exceeds 150, employers must provide respirators to all employees and encourage their use. When the AQI surpasses 500, respirator use becomes mandatory.
  
   

These regulations aim to minimize the health risks associated with wildfire smoke, which can include reduced lung function , aggravated asthma , and cardiovascular problems. However, there are challenges in ensuring these regulations are effectively implemented. Studies have shown that proving violations of these protections can be difficult, as employers may anticipate Cal/OSHA inspections and remove evidence of violations. Additionally, investigations can take a long time to resolve, sometimes too long to benefit the workers who were impacted. Advocacy groups and labor unions are pushing for stricter legislation and more proactive enforcement to address these shortcomings.

Beyond Cal/OSHA regulations, labor unions play a crucial role in advocating for worker safety during wildfires. They ensure that employers comply with regulations and provide necessary resources to protect workers. For instance, unions like SEIU Local 99 have been active in providing information and support to their members during wildfire events, ensuring they are aware of their rights and available resources. This includes providing information on contract protections, Cal-OSHA Air Quality Safety Protections, and resources for dealing with hardships like loss of home or income due to the fires.

Farmworkers, in particular, face unique challenges in exercising their rights during wildfires. These challenges include lack of access to information about state regulations and real-time air quality information in the fields, language barriers, fear of reporting to government agencies due to immigration status, and fear of retaliation for reporting labor violations.