Urgent Action Needed: Speak Up on OR-OHSA’s Rulemaking

Oregon’s special districts need your help. OR-OSHA is in the process of creating permanent rules for the heat illness prevention and wildfire smoke exposure rules. Your comments and participation are the only way we are going to get rules that are effective at protecting employees and can be implemented with the least negative impact on your daily operations.

**Please share this information with your employees**

ACTION NEEDED

For Districts: OR-OSHA is taking comments until October 8th prior to drafting final proposed permanent rules. If your district has concerns with the current temporary rules or with the potential permanent rules, SDAO implores you to provide written comments to OR-OSHA. Those comments can be sent to Theodore.Bunch@dcbs.oregon.gov or Tom.Bozicevic@dcbs.oregon.gov.
For Employees: Employees with concerns about these rules can provide written comments to Theodore.Bunch@dcbs.oregon.gov or Tom.Bozicevic@dcbs.oregon.gov until October 8th and/or they can participate in one of the two listening sessions taking place this week. According to OR-OSHA, attendees will not have to give their name, the name of any employers, specific dates/times, or any identifiable information.

Heat and Smoke Listening Session 1
Tue, Sep 28, 2021 5:00 PM - 7:00 PM (PDT)
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/995503605
You can also dial in using your phone.
United States: +1 (571) 317-3112
Access Code: 995-503-605

Heat and Smoke Listening Session 2
Wed, Sep 29, 2021 5:00 PM - 7:00 PM (PDT)
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/215604197
You can also dial in using your phone.
United States: +1 (872) 240-3212
Access Code: 215-604-197

MORE INFORMATION ABOUT THE RULES

SDAO has been meeting with a subcommittee of our membership since May of this year to follow and provide comments as part of the rulemaking process. We also provided letters to OR-OSHA on our position for both the heat and smoke [TD1] rules earlier this month.

Below you will find a short summary of the temporary rules, some of the concerns that have been noted by our subcommittee, and how you can help.

Temporary Wildfire Smoke Rule (see OR-OSHA’s fact sheet on this rule)

The Basics:

When employees are exposed to an air quality index (AQI) of 101:
- The employer must train employees on wildfire smoke exposure and
- Employees can choose to wear N95 respirator masks to protect themselves from wildfire smoke particulate.
- Employers are required provide these masks to employees.
When the AQI is 201, employees who are exposed to wildfire smoke are required to wear an N95 respirator.
When AQI is 500 or above, respirators must be worn by all employees, but the respiratory protection rule is also triggered. This means that your staff would have to be clean shaven, you would have to develop a written respirator program, you would need contracts in place to ensure your staff are medically fit to wear a respirator and to fit test the respirators to your employees.
To break this down and give you an example from this year, looking at Klamath Falls, they had the following number of days in different AQI levels:
- 14 days with AQI 100-150
- 11 days with AQI 151-200
- 9 days with AQI over 200

Concerns:

Washington took the approach of allowing employees to decide to wear respirators in smoky conditions. California does not require mandatory respirator usage until the AQI exceeds 500. Oregon OSHA mandates that employees wear respirators when AQI exceeds 201 and possibly 151 in the permanent rule. Just lowering this threshold by 50 points would have added as many at 10 additional days this summer, were employees would have had to wear a respirator in many parts of the state.
The current requirements at 500 AQI will essentially require some districts to suspend operations if you cannot afford to get a medical evaluation and complete fit testing for every worker, or if you cannot get workers to shave their facial hair.
OR-OSHA and OHA have yet to provide any studies or medical information showing there is a chronic health risk related to wildfire smoke exposure.
Employers don’t disagree with providing education and training or supplying the proper PPE to employees; however, each worker should have the ability to choose if and when they want to wear a respirator as a result of wildfire smoke.

Temporary Heat Illness Prevention Rules (see OR-OSHA’s fact sheet on this rule)

The Basics:

At a heat index of 80 degrees and above employers must

Provide shade which is open to the air or has mechanical ventilation and must be close to where the employees are working
Sufficient cool or cold drinking water

At a heat index of 90 degrees and above employers must provide for

Shade and water (as above)
10-minute cool down breaks are required every 2 hours
Employees must be monitored for heat illness
Communication with employees must be maintained
Employers must have an emergency medical plan
Employers must develop acclimatization practices

Concerns:

OR-OSHA is currently considering in the draft permanent rule:

An additional acclimatization requirement that would limit the number of hours an employee is allowed to work for a period of 7-14 days when the heat index reaches 80 degrees. This acclimatization process would have to restart any time an employee was out of the heat for a period of three days or more, that means if the temperature drops for three days, your employees are no longer acclimatized.
Districts will have to provide information about how employees will be provided a cool, climate-controlled area where employees may take their breaks to recover.
If you don’t have air conditioning in your buildings this rule would apply to those employees, even if they are doing sedentary work, such as doing office work.
The shade requirements are not realistic or feasible for many of the jobs performed by Oregon special districts.
Single employee districts have no way to monitor their one employee for heat illness as required by the temporary rule.

HOW YOU CAN HELP

OR-OSHA is taking comments until October 8th prior to drafting final proposed permanent rules. If you or your employees have concerns with the current temporary rules or with the potential permanent rules, SDAO implores you to provide written comments to OR-OSHA. Those comments can be sent to Theodore.Bunch@dcbs.oregon.gov or Tom.Bozicevic@dcbs.oregon.gov. Your comments are the only way we are going to get rules that are effective at protecting employees and can also be implemented with the least negative impact on your daily operations.

Additionally, your employees have the opportunity to voice their concerns with these rules by participating in one of the two listening sessions taking place this week. According to OR-OSHA, attendees will not have to give their name, the name of any employers, specific dates/times, or any identifiable information.

Thank you for your help and participation!
Special Districts Association of Oregon
sdao@sdao.com

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