The Palisades Fire — and the other devasting Southern California wildfires — are severely impacting lives and property leading California Governor Gavin Newsom to issue an emergency proclamation for Los Angeles and Ventura counties. These wildfires are creating unhealthy air, power outages and the inability to access homes and businesses. Employers impacted by these fires need to be aware of and comply with wildfire smoke regulations, how to pay and offer time off to employees affected by wildfires, and new hire notification obligations.

Wildfire Smoke Regulations

The California Division of Occupation Safety and Health (Cal/OSHA) monitors and enforces rules related to unhealthy air as a result of wildfire smoke through its Protection from Wildfire Smoke regulation. Employers whose workplace may be affected by air quality issues related to wildfire smoke are required to comply with the regulation unless:

• The worksite is a completely enclosed building or vehicle with mechanical ventilation, windows and doors that remain closed except when necessary to enter and exit the building or vehicle; or
• The employee’s exposure is limited to one cumulative hour or shorter during their shift; or
• The employee is a firefighter engaged in wildland firefighting.

Employers should be cautious about the broad coverage of this regulation as it includes employees who work both indoors and outdoors as long as the outdoor workers exceeds one cumulative hour during their shift as well as indoor...

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