As Los Angeles (the “City”) grapples with the impacts of the devastating wildfires, employers are facing critical decisions about protecting their workforce while maintaining operations. While Cal/OSHA recently urged employers to protect workers from unhealthy air in Los Angeles County, this article will provide further insight on a variety of the complex legal obligations California employers must navigate during wildfire and other natural disaster emergencies.

Wildfire Exception in Los Angeles Fair Work Week Ordinance

The Los Angeles Fair Work Week Ordinance typically imposes strict scheduling requirements on covered employers. However, the City has clarified that wildfire-related closures fall under the ordinance’s force majeure exceptions. Specifically:

• The standard 14-day advance notice requirement for work schedules may be suspended when operations are compromised by wildfires.
• Employees’ right to decline schedule changes made after the notice deadline may be limited during wildfire emergencies.
• The force majeure exception explicitly covers natural disasters, including fires, floods, earthquakes, and other civil disturbances.
• Employers must still document and justify any schedule changes made under this exception.

Workplace Safety Requirements Under Cal/OSHA

Under California Labor Code section 6400, employers must provide and maintain a safe and healthful workplace for employees. Cal/OSHA’s Protection from Wildfire Smoke standard mandates specific employer...

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