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California Wildfires—What Employers Need to Know

by Jennifer Shaw | | January 13, 2025

The current wildfires in the Los Angeles area have caused untold tragedy and devastation. Individuals, families, and businesses affected by the fires are dealing with tremendous tragedy and  loss. At the same time, employers must be prepared to comply with Cal/OSHA’s wildfire smoke rules and the Division of Labor Standards’ FAQs related to the fires.

Cal/OSHA Wildfire Smoke Rules

Cal/OSHA’s wildfire smoke regulation is located in section 5141.1 of Title 8 of the California Code of Regulations. That section addresses the dangers posed to workers from exposure to the small particles in wildfire smoke, known as PM2.5, such as reduced lung function, bronchitis, worsening asthma, and heart failure. The regulation applies to workplaces when: (1) the Air Quality Index (AQI) for airborne particulate matter 2.5 micrometers or smaller is 151 or greater; and (2) the employer should reasonably anticipate that employees could be exposed to wildfire smoke.

Employers with indoor workplaces that meet certain conditions may be exempt from the regulation. However, employers covered by section 5141.1 must take the following actions:

  • Identify harmful exposures—determine employee exposure to PM2.5 at the start of each shift and periodically thereafter as needed.
  • Communicate with employees—implement a system for communicating wildfire smoke hazards in a language and manner readily understandable by all employees.
  • Train and instruct employees—provide effective training that includes specified information contained in Appendix B of section 5141.1.
  • Control harmful exposures to employees—reduce workers’ exposure to wildfire smoke using engineering controls, administrative controls, and respirators.

Employment Laws

Employers may be in violation of certain sections of the Government Code, Penal Code, and Labor code if they require employees to work in an area that is under a mandatory evacuation order. Similarly, employers may not retaliate against employees for refusing to work in locations where such an order is in place (Labor Code section 1102.5(c)), or discharge employees for refusing to work if doing so will violate an occupational safety or health standard or safety order (Labor Code section 6311).

In addition, employees are entitled to compensation for any work interruptions caused by the wildfires if the employees are under the control of the employer, even if they are not physically working at the time of the interruption. The Labor Commissioner’s Office provides the following examples:

If an employer facing a power outage requires its employees to remain on the premises and wait for the power to return so as to promptly resume operations once power is restored, the time during which the employees are restricted to the premises constitutes compensable “hours worked” within the meaning of the Wage Orders, and the employees must be paid at the regular rate for all such time.  If the employer allows the workers to leave the premises, but significantly restricts their movement, the employees must also be paid for such hours worked being “standby.”

 An employee may also be entitled to split shift premiums if an employer facing power outages sends its workers away from the premises with instructions to return at a later time during that same workday.

Exempt employees are entitled to be paid for the entire workweek if they work anytime during that workweek.

Also, employees who need to miss work because of wildfire smoke or evacuation orders may use vacation or other paid time off if the employer’s policies allow for it. They also may use paid sick leave if necessary for the diagnosis of, care for, treatment of, or preventative care for the employee’s own health condition or that of a qualifying family member or designated person.

We send our thoughts and prayers to everyone affected by the fires.

author avatar
Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
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