CHAUVEL & GLATT , LLP

California continues to experience severe wildfire seasons, and this year is no exception. On September 4, 2025, the Division of Occupational Safety and Health (Cal/OSHA) issued Advisory No. 2025-89 urging employers statewide to take immediate steps to protect employees from exposure to wildfire smoke. This reminder comes at a critical time as smoke from multiple fires is affecting air quality across much of the state. For California employers, this advisory is more than a suggestion. It underscores existing obligations under Cal/OSHA’s Protection from Wildfire Smoke Standard and highlights the legal and practical risks of failing to prepare.

Why This Advisory Matters. Wildfire smoke contains fine particulate matter (PM2.5) that can cause serious health issues, including respiratory illness, eye and throat irritation, and long-term cardiovascular problems. Outdoor workers, such as those in construction, agriculture, and landscaping, are particularly vulnerable. Even indoor employees can be affected if workplaces lack proper air filtration. The advisory reinforces what the law already requires: when air quality reaches unhealthy levels, employers must act quickly to reduce employee exposure and provide protective equipment.

Key Employer Responsibilities. While the advisory does not create new rules, it emphasizes compliance with existing standards. Employers should pay close attention to the following:

• Monitor Air Quality
  Employers are expected to keep track of the local Air Quality Index (AQI), focusing on PM2.5 levels. Resources such as AirNow.gov or local air district websites provide up-to-date information.
• When AQI Reaches 151 or Higher
  At this level, air is considered unhealthy. Employers must:
  • Inform employees about the current air quality.
  • Train workers on the health effects of smoke and the protective measures available.
  • Relocate work to enclosed, filtered spaces when possible, or adjust schedules to reduce outdoor exposure.
  • Provide N95 respirators (or better) for voluntary use.
• When AQI Exceeds 500
  Air is considered hazardous, and respirator use is mandatory. Employers must implement a respiratory protection program that complies with Cal/OSHA requirements.
• Worker Protections
  Employees have the right to refuse unsafe work without fear of retaliation. Employers must respect these rights and ensure workers feel comfortable raising safety concerns.

Compliance Risks. Ignoring the advisory or failing to comply with the wildfire smoke standard can expose employers to significant consequences:

• Cal/OSHA Citations and Penalties for failing to provide protective equipment or monitor conditions.
• Workers’ Compensation Claims from employees who suffer illness or injury due to smoke exposure.
• Civil Liability and Reputational Harm if employees or the public view the company as disregarding safety during emergencies.

Practical Steps Employers Can Take. Employers should treat this advisory as a call to review and strengthen their wildfire smoke response plans. Recommended steps include:

1. Set Up Monitoring Protocols – Assign a manager to track AQI daily and record the data.
2. Communicate Regularly – Share air quality information with employees at the start of each shift.
3. Adapt Operations – Move tasks indoors, reschedule outdoor work, or limit time outside when conditions worsen.
4. Provide Respirators – Stock an adequate supply of N95 masks and distribute them promptly when AQI crosses the 151 threshold.
5. Train Workers – Educate employees on smoke hazards, respirator use, and their rights under Cal/OSHA.
6. Document Your Efforts – Keep records of AQI levels, training sessions, and protective measures implemented.

How Chauvel Law Can Help. At Chauvel Law, we work with employers to stay compliant with California’s complex workplace safety standards. Our team assists with:

• Drafting and updating wildfire smoke policies.
• Reviewing respiratory protection programs for compliance.
• Training supervisors and employees on safety responsibilities.
• Responding to Cal/OSHA inspections or citations.

California’s wildfire seasons are no longer rare events—they are annual challenges that demand preparation. Cal/OSHA’s latest advisory is a timely reminder that employers have both a legal duty and a moral obligation to safeguard their employees from hazardous smoke. By monitoring air quality, supplying protective equipment, and communicating openly with workers, employers can reduce risk while demonstrating a commitment to workplace safety. If your business needs guidance on how to prepare or respond to Cal/OSHA inspections, Chauvel Law is here to help.