Protection from Wildfire Smoke

    New Section 5141.1
Public hearing: May. 21, 2020
45-day comment period: Apr. 3, 2020 - May. 21, 2020
15-day Notice comment period: Jul. 23, 2020 - Aug. 12, 2020
2nd 15-day Notice comment period: Sep. 10, 2020 - Sep. 25, 2020
Filed with Secretary of State: Feb. 1, 2021
Effective date: Feb. 1, 2021

Rulemaking Documents

  1. Gavin Newsom, Governor of California, Executive Order N-05-19; January 8, 2019.
  2. Gavin Newsom, Governor of California; Proclamation of a State of Emergency; March 22, 2019;
  3. Petition No. 573, submitted by Mitch Steiger, California Labor Federation; Douglas Parker, Worksafe; and Anne Katten, California Rural Legal Assistance Foundation, dated December 10, 2018;
    and Occupational Safety and Health Standards Board; Petition 573 Adopted Decision; March 21, 2019.
  4. Division of Occupational Safety and Health’s Evaluation of Petition 573; February 8, 2019.
  5. United States Environmental Protection Agency (U.S. EPA); Website; Wildland Fire Research to Protect Health and the Environment.
  6. U.S. EPA; Website accessed January 7, 2019; Wildland Fire Research: Health Effects Research; Last updated on June 4, 2019.
  7. U.S. EPA; U.S. Forest Service; U.S. Centers for Disease Control and Prevention; California Air Resources Board; Wildfire Smoke - A Guide for Public Health Officials; pages 4-7; August 2019.
  8. National Oceanic and Atmospheric Administration Twitter.
  9. National Oceanic and Atmospheric Administration; Satellite and Information Service; AMTRAK Relies on New NOAA Satellite Smoke Data to Protect Passengers During Dangerous California Wildfires; Website accessed January 9, 2019.
  10. Navarro KM; Assessment of Ambient and Occupational Exposures to Air Contaminants from Wildland Fire Smoke; Dissertation; Fall 2016; University of California, Berkeley, California.
  11. Smoke Management Guidelines for Prescribed Burning in the Southeast, and Smoke Dispersion.
  12. California Air Resources Board; Inhalable Particulate Matter and Health (PM2.5 and PM10); August 10, 2017.
  13. U.S. EPA; Health and Environmental Effects of Particulate Matter (PM); June 20, 2018.
  14. Reid CE, Brauer M, Johnston FH, Jerrett M, Balmes JR, Elliot CT; Critical Review of Health Impacts of Wildfire Smoke Exposure; Environmental Health Perspectives; September 2016; 124(9); Pages 1334 - 1343.
  15. Wettstein Z, Hoshiko S, Fahimi J, Harrison R, Cascio W, Rappold A; Cardiovascular and Cerebrovascular Emergency Department Visits Associated With Wildfire Smoke Exposure in California in 2015; Journal of the American Heart Association; April 17, 2018;7(8):e007492; Published online April 11, 2018; doi:10.1161/JAHA.117.007492.
  16. Delfino R, Brummel S, Wu J, Stern H, Ostro B, et al; The relationship of respiratory and cardiovascular hospital admissions to the southern California wildfires of 2003; Occupational and Environmental Medicine; March 2009; 66(3): 189-197; Published online November 18, 2008; doi:10.1136/oem.2008.041376.
  17. Hutchinson J, Vargo J, Milet M, French N, Billmire M, Johnson J, Hoshiko S; The San Diego 2007 wildfires and Medi-Cal emergency department presentations, inpatient hospitalizations, and outpatient visits: An observational study of smoke exposure periods and a bidirectional case-crossover analysis; PLOS Medicine; July 10, 2018; 1002601; Pages 1 –14.
  18. U.S. EPA; Integrated Science Assessment for Particulate Matter; (Final Report, December 2009); Includes Errata Sheet Created on February 10, 2010; U.S. EPA, Washington, DC, EPA/600/R-08/139F, December 2009.
  19. U.S. EPA; Electronic Code of Federal Regulations; Title 40, Protection of Environment; Part 58, Ambient Air Quality Surveillance; Appendix G, Uniform Air Quality Index (AQI) and Daily Reporting.
  20. Health Effects Institute; State of Global Air/2018: A Special Report on Global Exposure to Air Pollution and Its Disease Burden; Special Report; Boston, MA; Health Effects Institute; pages 9-11.
  21. Reisen F, Durán S, Flannigan M, Elliot C, Rideout K; Wildfire Smoke and Public Health Risk; International Journal of Wildland Fire; August 2015; 24, 1029-1044.
  22. Zhang HH, Li Z, Liu Y, et al; Physical and chemical characteristics of PM2.5 and its toxicity to human bronchial cells BEAS-2B in the winter and summer; Journal of Zhejiang University-Science B (Biomedicine and Biotechnology); 2018:19(4): 317–326.
  23. May 8, 2019 Public Hearing Transcript in the Matter of: Department of Industrial Relations, Wildfire Smoke Protection by Clark Reporting and Video Conferencing, 2140 Shattuck Avenue, Suite 407, Berkeley, California 94704.
  24. June 20, 2019 Transcript of Public Meeting/Public Hearing/Business Meeting of the Occupational Safety and Health Standards Board Regarding Discussion of Draft Protection from Wildfire Smoke (Emergency) Regulations to be Considered for Adoption at the July 18, 2019 Business Meeting, Reported by Noelle C. Krawiec, CSR No. 14255, Job No. 32422.
  25. August 27, 2019 Transcript of Cal/OSHA Advisory Meeting, Protection of Workers from Wildfire Smoke; Clark Reporting and Video Conferencing, 2140 Shattuck Avenue, Suite 407, Berkeley, California 94704.
  26. Economic Impact Analysis: Emergency Regulations for Wildfire Smoke; to Division of Occupational Safety and Health, Research and Standards Unit; from Public Agency Safety Management Association (PASMA); by letter dated May 13, 2019.
  27. California Air Resources Board (CARB); Air Quality and Meteorological Information (AQMIS) Query Tool. CARB data based on June 24, 2019 queries.
  28. State of California Executive Order N-5-19 finding that the 2018 wildfire season was the worst in California;
    and CalFire; 2018 Incident Information; List Fires and Acres.
  29. Employment Development Department; Size of Business Data for California (Quarterly); Payroll and Number of Businesses by Size of Business – Classified by Industry (Table 2A) 2018 Qtr3 & Qtr4; Number of Employees by Size Category – Classified by Industry (Table 2B) 2018 Qtr3 and Qtr4.
  30. The Occupational Safety and Health Standards Board’s July 18, 2019 Business Meeting Recording Pertaining to Discussion and Adoption of Protection from Wildfire Smoke (Emergency), provided by compact disk.
  31. California Employment Development Department; Statewide average wage in California for Q1 2019, the most recent data available as of this writing.
  32. California Employment Development Department; Employment by Industry Data for California, Seasonally Adjusted, 2000-current. Months relied upon: Q3 2019.
  33. California State Controller’s Office; Number of state and local government employees in California; CalTrans; CHP; All State Departments; University of California; and California State University.
  34. Table created by Division of Occupational Safety and Health containing NAICS codes selected, percentages applied, and results of calculations: “Determination of businesses and employees possibly covered by regulation, based on seasonally adjusted monthly average by industry, Q3 2019.” Form 399 Attachment for Certificate of Compliance of title 8 section 5141.1.
  1. State of California Department of Finance, California Economic Forecast MR 2020-21 (tab: ANNUAL), prepared April 2020.
  1. State of California Employment Development Department, Industry Employment and Labor Force - Annual Average, dated March 27, 2020 (Historical Annual Average Data, Not Seasonally Adjusted, California 1990-2019).

Contact the OSHSB Public Records Officer to request any Documents Relied Upon.


February 2021