January 24, 2025

Hughes Fire Highlights Employers’ Obligations to Protect Agricultural Workers from Wildfire Smoke

As firefighters make strides in containing the Hughes Fire, which has burned over 10,000 acres near Castaic in Ventura County, agricultural employers in the affected areas must take proactive steps to safeguard their employees from the hazards of wildfire smoke. Cal/OSHA has issued timely reminders for employers about their obligations under California’s Protection from Wildfire Smoke standard. With smoke impacting air quality in Ventura and Northern Los Angeles Counties, including Oxnard, employers must ensure compliance with these regulations to maintain workplace safety.

Key Employer Responsibilities 

California’s Protection from Wildfire Smoke standard, codified in Title 8, Section 5141.1, requires employers to mitigate health risks for workers exposed to unhealthy air due to wildfire smoke. Below are the primary responsibilities for employers: 

  • Monitor Air Quality: 
    • Employers must check the Air Quality Index (AQI) for PM2.5 levels before and throughout work shifts whenever wildfire smoke is likely to impact the worksite. 
    • Resources such as the U.S. EPA’s AirNow website and local air quality management district websites are essential tools for tracking AQI. Alternatively, employers can use calibrated instruments to measure PM2.5 levels directly at the worksite. 
  • Provide Respiratory Protection: 
    • If the AQI for PM2.5 exceeds 150, employers must provide N-95 respirators and encourage their voluntary use by workers. 
    • When the AQI surpasses 500, respirator use becomes mandatory. 
  • Adjust Work Practices: 
    • Employers should modify outdoor work schedules, reduce physical exertion, or relocate work to areas with better air quality where possible. 
  • Training Requirements: 
    • Workers must be trained to understand the health effects of wildfire smoke, how to use respirators properly, and how to access up-to-date air quality information. Training materials and additional resources are available in both English and Spanish at WildfireSmokeCalifornia.org and HumodeIncendios.org. 

Protections for Workers in Evacuation Zones 

Employers must also be mindful of evacuation orders and ensure that no work is conducted in areas under mandatory evacuation. California law protects employees from retaliation if they refuse to work in unsafe conditions, including worksites within evacuation zones. Employers should refer to the Cal Fire website for up-to-date information on evacuation orders and road closures. 

Enforcement and Penalties 

Failure to comply with Cal/OSHA’s wildfire smoke protections can result in penalties and increased liability. To avoid these consequences, employers should: 

  • Regularly review and update their wildfire smoke response plans. 
  • Maintain records of air quality monitoring and the distribution of respirators. 
  • Foster a culture of safety by encouraging workers to report concerns without fear of retaliation. 

SB 1044 

Employers are reminded that as of January 1, 2023, California Senate Bill 1044 protects employees from employer retaliation if they leave their workplace or refuse to report to work during an emergency when they reasonably believe it’s unsafe. An “emergency condition” is defined as disaster or extreme peril to the safety at the workplace caused by natural forces or a crime, or an evacuation order due to a natural disaster or crime at the workplace, an employee’s home, or their child’s school. 

Additional Resources: 

More resources for wildfire smoke safety: