Wildfire Smoke Workplace Safety & Health Rulemaking
Status
The EPA changed the Air Quality Index (AQI) breakpoints on May 6, 2024, and L&I filed an Expedited Rulemaking (CR-105) on May 21, 2024, to update the AQI values referenced in L&I's permanent rules. The requirements based on PM2.5 concentrations in the L&I wildfire smoke rules are not changing.
See all the rulemaking activity for wildfire smoke on our L&I Rulemaking page.
Learn more about our rulemaking process and terminology.
Wildfire smoke exposure is increasing in frequency and intensity, presenting health risks to workers. After the historic 2020 wildfires, L&I received and accepted a petition for rulemaking on this topic. In December, 2023, L&I adopted permanent workplace safety and health rules to address exposures to PM2.5, the tiny particles in wildfire smoke.
These tiny particles can reach the deepest parts of the lungs, causing serious health problems. PM2.5 is particularly dangerous for people who work outdoor jobs like construction, agriculture, and certain other industries. When they breathe in the tiny particles in smoke, it increases the risk of reduced lung function, aggravated asthma, heart failure, and even early death.
To address the hazard presented by wildfire smoke, the permanent wildfire smoke rules require employers to prepare and implement a plan to protect workers from wildfire smoke.
On December 14, 2023, L&I filed the Permanent Rulemaking (CR-103P) for this rulemaking. L&I added agriculture-specific requirements into Chapter 296-307 WAC and created Chapter 296-820 WAC, Wildfire Smoke, for all other industries. These rules became effective on January 15, 2024.
For more details on what is required, see the "Rule Drafts & Documents" section of this page.
| Action Item | Date |
|---|---|
| Filed CR-105 Expedited Rulemaking to update AQI references | May 21, 2024 |
| Permanent rule effective. | January 15, 2024 |
| Filed CR-103P Permanent Rulemaking | December 14, 2023 |
| Filed CR-102 Proposed Rulemaking. | May 10, 2023 |
| Filed CR-103 Emergency Rule-making Order. | June 1, 2022 (Expired September 29, 2022) |
| Filed CR-103 Emergency Rule-making Order | July 16, 2021 (Expired November 13, 2021) |
| Filed CR-101 Pre-proposal Statement of Inquiry | October 20, 2020 |
Previous meetings
Open the links to see notes and information from the meeting.
Public hearing materials
Stakeholder Meetings
- October 13, 2022, 1:00 p.m. to 4:00 p.m. (Virtual only)
- October 7, 2022, 9:00 a.m. to 12:00 p.m. (In-person Tukwila)
- October 6, 2022, 9:00 a.m. to 12:00 p.m. (In-person Yakima)
- October 4, 2022, 1:00 p.m. to 4:00 p.m. (In-person Spokane)
- August 10, 2022, virtual
- April 27, 2022, virtual
- January 27, 2022 1:15 pm to 4:00 pm, virtual
- Background, Timeline, and Meeting Expectations
- Tendencia y efectos del humo de incendios forestales en Washington (Spanish version)
- June 18, 2021 from 1 p.m. to 3 p.m. virtual
- April 20, 2021, virtual
- March 25, 2021, virtual
- January 21 and February 11, 2021
Expedited Rulemaking
Filed May 21, 2024 to update AQI references, and effective July 22, 2024.
Adopted permanent rule documents
Filed December 14, 2023 and effective January 15, 2024.
- Chapter 296-307 WAC & Chapter 296-820 WAC Wildfire Smoke Permanent Language
- CR-103P Permanent Rulemaking
- Final Cost-Benefit Analysis
- Concise Explanatory Statement
Note: The Concise Explanatory Statement includes a summary of all written stakeholder comments received during the public comment period and L&I responses to each comment.
Proposed permanent rule documents
Filed May 10, 2023; comments were due by 5:00 p.m. on August 4, 2023.
- CR-102 Proposed Rulemaking
- CR-102 Proposed Rule Language
- Small Business Economic Impact Statement memo
- Preliminary Cost Benefit Analysis
- Proposed Wildfire Smoke Rulemaking Fact Sheet (F417-302-000)
Emergency rule - 2022
Emergency rule - 2021
- Emergency Rule Language filed July 16, 2021 and effective from July 16, 2021 through November 13, 2021
Stakeholder drafts
- Draft Rule, October, 2022 (with track changes)
- WAC 296-62-85P Humo de incendios forestales (Spanish translation)
Wildfire Smoke Rule Draft June 15, 2021
Wildfire Smoke Rule Draft - Spanish
The Preproposal (CR-101) was filed October 20, 2020.
Adopted permanent rule feedback response
September 2022 draft rule language - Stakeholder feedback
- Angela Schauer Feedback 10-21-2022
- Approach Management Feedback 11-2-2022
- Benton County PUD Feedback 10-13-2022
- BIAW Feedback 10-19-2022
- Bricklayers and Allied Craftworkers Feedback 10-17-2022
- City of Tacoma Feedback 10-20-2022
- Columbia Legal Services Feedback 10-21-2022
- Cowlitz County PUD Feedback 10-13-2022
- Downtown Everett Association Feedback 10-19-2022
- Kayla Yarntender Feedback 10-19-2022
- Matthew Trecha Feedback 11-1-2022
- PHCC Feedback 10-13-2022
- Skagit PUD Feedback 10-19-2022
- Spokane County Feedback 10-12-2022
- Steve Walser Feedback 10-17-2022
- WA Hospitality Association Feedback 10-13-2022
- WA PUD Association Feedback 10-6-2022
- WA Retail Association Feedback 10-20-2022
- WA Refuse & Recycling Assn Feedback 10-21-2022
- WA State Parks Arboriculture Program Feedback
- WA State University Tri-Cities 10-17-2022
- WA State University OH&SEHS 10-10-2022
- WA Tree Fruit Association Feedback 10-21-2022
- Washington Contract Loggers Feedback 10-4-2022
- Washington Education Association Feedback 11-2-2022
- Washington Farm Bureau Feedback 10-20-2022
- Western Tow Boat Company Feedback 10-21-2022
August 2022 Draft Rule Language - Stakeholder Feedback
- Wildfire Smoke and Washington Workers - L&I Topic page.
- Wildfire smoke safety training kit (sample training program) in English & Spanish
- California’s permanent rule on worker safety and health in wildfire regions
- Oregon’s permanent rule on protection from wildfire smoke
Some of the key resources that were considered during the development of draft rule.
- Delfino et al. (2009). The relationship of respiratory and cardiovascular hospital admissions to the southern California wildfires of 2003. Occupational and Environmental Medicine 66(3), 189-197.
- Doubleday et al. (2020). Mortality associated with wildfire smoke exposure in Washington state, 2006-2017: a case-crossover study. Environmental Health 19(1).
- Gan et al. (2017). Comparison of wildfire smoke estimation methods and associations with cardiopulmonary related hospital admissions. GeoHealth 1(3), 122-136.
- Haikerwal et al. (2015). Impact of fine particulate matter (PM 2.5) exposure during wildfires on cardiovascular health outcomes. Journal of the American Heart Association 4(7).
- Liu et al. (2019). Ambient particulate air pollution and daily mortality in 652 cities. New England Journal of Medicine 381(8), 705-715.
- Orellano et al. (2020). Short-term exposure to particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), and ozone (O3) and all-cause and cause-specific mortality: Systematic review and meta-analysis. Environment International. 142.
- United States Environmental Protection Agency (2019). Integrated Science Assessment for Particulate Matter. Office of Research and Development.
- United States Environmental Protection Agency (2020). Review of the National Ambient Air Quality Standards for Particulate Matter
Staff Contacts:
For rulemaking questions, please contact:
Cindy Ireland Cynthia.Ireland@Lni.wa.gov or 360-791-5048.
For Technical questions, please contact:
Chris Pyke Christopher.Pyke@Lni.wa.gov or 360-951-3489
Dr. Nicholas Reul Nicholas.Reul@Lni.wa.gov or 360-902-5963
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