Author Archives: Rory McKinnon

Permanent Wildfire Smoke Rule Coming Online!

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Washington State Department of Labor & Industries (L&I) has announced the new WAC 296-820 for Wildfire Smoke will be effective January 15, 2024 for all Washington employers. Washington has been operating under temporary emergency rules since 2021. The new regulation will apply year-round to aid employers in providing a safe work environment for their employees during wildfire smoke conditions.

Areas of Washington State have been devastated by wildfires and wildfire smoke from surrounding areas which have created hazardous working conditions. In the new guidance, employers and employees will find new guidance for worker protections based upon the Air Quality Index (AQI) which is available at Washington Ecology’s “Air Quality WA” or EPA’s “AirNow”, among others. The PM 2.5 AQI will trigger implementation of plans, training, and Personnel Protective Equipment (PPE).

For more information, check out the L&I Wildfire Smoke resource page for access to the new rule, plan templates, and training materials.

Chemical Security – It’s Everyone’s Business!

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As more and more chemicals are used throughout the world to provide for our daily needs, the threat surrounding chemicals also grows. Chemicals can be used in many applications to harm people, wildlife, or the environment. There have been many instances in history where chemicals were used in terrorist activities such as bombs, gas releases, or poisonings. The government has utilized the Chemical Facility Anti-Terrorism Standards (CFATS) as a means to combat the illegal procurement of dangerous chemicals and enhance security initiatives for facilities that engage with targeted chemicals. Recently the federal government has let the funding for CFATS lapse, so the program standards can no longer being enforced by the Cybersecurity & Infrastructure Security Agency (CISA).

According to the FBI, attempted fraudulent purchases of dangerous chemicals have been steadily increasing in recent years. Without the tools, oversight, and background programs that CISA provides through CFATS, it now falls on the facilities to clamp down on their chemicals and be more diligent in their security efforts. CISA is urging lawmakers to approve funding for CFATS to return the program to operational status, but until that happens, chemical managers need to be on heightened alert. There are still tools available that facilities can use to aid them such as ChemLock. According to CISA, “the ChemLock program is a completely voluntary program that provides facilities that possess dangerous chemicals no-cost services and tools to help them better understand the risks they face and improve their chemical security posture in a way that works for their business model.”

For more information regarding the ChemLock, click here.
If you have any questions regarding the programs, drop us a line. We’d be happy to assist.

Permanent Outdoor Heat Exposure Rules Approved!

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On June 27, 2023 Washington State Department of Labor & Industries (L&I) adopted the revised permanent rules for Worker Outdoor Heat Exposures. Washington has been operating under emergency rules during the last two summers while the permanent rule was being developed. With the approval, the new regulations went into effect July 17, 2023.

In the new guidance, employers and employees will find new and updated information to protect workers while working in outdoor heat conditions. The new standards will apply year-round when the action levels outlined in Table 1, 52oF for non-Breathable clothing and 80oF for all other clothing, are exceeded. Some additions and revisions that were made include:

• New/updated definitions
• Response to heat induced illnesses
• Information and Training program requirements
• Shade requirements
• Acclimatization guidelines

For more information, check out our regulatory update fact sheet or Be Heat Smart (wa.gov) for access to resources such as posters, videos, and training materials.

* The Federal rulemaking for Heat Illness Prevention in Outdoor work settings is currently in the Pre-rule stage of development.