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Heat and Smoke on the Agenda for L&I Compliance Inspectors

  • 07/31/2024

By Bob White
ROII Safety Services Director

New Permanent Heat Rules
A little over a year ago, L&I released new heat rules requiring employers to prepare workers for hot temperatures. Now employers must:
  • Encourage and allow employees to take preventative cool-down rest periods at or above outdoor temperature action levels.
  • Provide workers additional paid, cool-down rest periods of 10 minutes or more every two hours when temperatures are 90°F or hotter. Breaks get longer and more frequent when temperatures rise to 100°F and beyond.
  • Address outdoor heat exposure safety in their Accident Prevention Program (APP) and provide annual training on outdoor heat exposure for employees and supervisors.
  • Closely observe employees who may not be acclimated to the heat and provide employees with a sufficient amount of cool drinking water and time to drink it as well as adequate shade or alternative cooling methods.
  • Have emergency procedures in place to respond appropriately to any employee with symptoms of heat-related illness. Additionally, supervisors and employees must always have a way to communicate with each other to promptly report heat illness and get medical assistance.
More heat safety resources can be found on L&I's website https://www.lni.wa.gov/safety-health/safety-training-materials/workshops-events/beheatsmart. Stakeholder meetings for new Indoor Heat Stress Rules may also be coming before the end of the year.

Register for our Heat-Related Illness Awareness course at https://roii.com/ClassSchedule to learn more about keeping workers safe when peak temperatures hit.

New Permanent Wildfire Smoke Rules
In January, L&I introduced new wildfire smoke rules, requiring all covered employers to:
  • Prepare a written wildfire smoke response plan.
  • Provide wildfire smoke training to employees.
  • Watch the PM2.5 conditions and forecasts.
  • Prepare a two-way communication system.
  • Make provisions for prompt medical treatment, and permit that treatment without retaliation.
If air quality levels worsen to an Air Quality Index (AQI) of 69-100, the requirements increase including considering the voluntary use of respirators, limiting who works outdoors, and thinking about implementing exposure controls.

When the AQI is between 101-300, L&I requires employers to make N95 respirators available for voluntary use and implement exposure controls. This includes providing enclosed structures or vehicles with adequately filtered air, relocating, or changing work schedules and providing additional rest periods. The requirements continue to increase as the AQI increases beyond 301. More information is available at https://www.lni.wa.gov/safety-health/safety-topics/topics/wildfire-smoke.

Free L&I Consultations
Employers should be prepared to address all the above in their worksite safety plan or "walkaround" safety inspection. If you're unsure if you comply, take advantage of L&I's Safety Consultation Services.

You can request a consultation, get help with risk management and ergonomics, or get other safety and health questions answered. Consultations offer many different types of services. They're free, confidential, and safe from citation.

L&I safety consultants are your advocates to help protect you from expensive safety citations and maintain a safer workplace. These consultation resources can be found at https://lni.wa.gov/safety-health/preventing-injuries-illnesses/request-consultation/.

If you are an ROII participant and would like to receive my regular safety update emails, please contact me at (360) 352-7800 ext. 109 or bobw@biaw.com.

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