New rules aim to protect outdoor workers from wildfire smoke

 Kathy Davis, Communications 

Photo courtesy of Washington Department of Natural Resources.

With nearly double the rate of wildfires reported across Washington State still early in this fire season, new rules aim to help protect outdoor workers from the health risks of being exposed to wildfire smoke. 

On July 16, the state Department of Labor & Industries filed emergency rules that spell out responsibilities for employers, including state agencies like WSDA, to identify harmful smoke risks, notify employees, and eliminate or reduce workers’ exposure. The rules took immediate effect, while L&I proceeds with the process to make them permanent. 

“In past wildfire seasons, we’ve had little guidance to address our workers’ concerns about smoke exposure,” said Ron Hussung, WSDA’s Safety Program manager. “These L&I rules give us clarity around when we’re most at risk and specific steps we need to take as an employer.” 

These new rules apply specifically to people working outdoors. They exempt worksites within enclosed buildings and vehicles with windows and doors mostly kept closed (except for entry and exit) and air-filtration systems. 

The rule sets the standard for dangerously poor air quality at 2.5 PM (particulate matter), which means suspended solid or liquid particles are at or below 2.5 micrometers in diameter. The fine particles at this level are the most concerning hazard because they get deep into the lungs, worsening conditions like asthma, and affecting heart health.

Employer responsibilities 

WSDA managers and supervisors will now be responsible for monitoring air quality conditions in the areas where employees are working outdoors. They can check websites such as the EPA's AirNow website or state Department of Ecology's Air Monitoring Network and download mobile apps like "EPA AirNow" or "Air Quality WA." 

When workers are at risk of exposure to hazardous levels of wildfire smoke, employers must take actions to eliminate or reduce their exposure. These measures may include:

• Moving work to enclosed buildings, structures, or vehicles where the air is adequately filtered.
• Moving employees to areas with lower smoke exposure.
• Reducing work intensity.
• Providing additional rest periods.
• Providing employees with respirators, such as an N95 or a KN95 disposal mask, at no cost for voluntary use when levels of particulate matter are high.

The WSDA Safety Office is contacting agency supervisors to help them obtain the supplies they need to keep workers safe from smoke exposure, according to Ron. Since use of respirators for this purpose is voluntary, no medical exam or fit test is required, he noted.

Although it’s not required, WSDA and L&I recommend taking action to reduce employee exposure to dangerous air at even lower levels of particulate matter, especially for workers with asthma or other lung conditions.

The new rules also require employers to train employees and supervisors about wildfire smoke. WSDA staff should view the 15-minute wildfire smoke training video on L&I’s website.  

In summary: With nearly double the rate of wildfires reported across Washington State still early in this fire season, new rules aim to help protect outdoor workers from the health risks of being exposed to wildfire smoke. On July 16, the state Department of Labor & Industries filed emergency rules that spell out responsibilities for employers to identify harmful smoke risks, notify employees, and eliminate or reduce workers’ exposure. Learn more in this Insider blog post. 

Produce Safety Program celebrates five years and a new leader

Kathy Davis, Communications

Dr. Connie Fisk

In 2017, WSDA welcomed a brand new program to the agency. Funded by a five-year cooperative agreement with the U.S. Food and Drug Administration, the Produce Safety Program was created to help Washington State comply with the federal Food Safety Modernization Act (FSMA) Produce Safety Rule. 

When FSMA was signed into law in 2011, it represented sweeping reform to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. 

The Produce Safety Program just received approval for another five years of FDA funding. And the program heads into their next phase with a new leader at the helm. Dr. Connie Fisk started as the program manager on June 28. 

Connie is a recognized national leader in produce safety extension and outreach. She most recently supported growers, trainers, and regulators as the Northwest regional extension associate for the Produce Safety Alliance at Cornell University where she worked on curriculum and resource development and mentored PSA trainers about best practices. 

Connie said, “I am passionate about equipping produce growers with the information and skills they need to provide safe, high-quality crops for market, and to comply with government requirements.”

Along with training and outreach, the Produce Safety Program inspects farms and enforces the federal rule. The Produce Safety Rule includes requirements for on-farm practices to reduce risks associated with the quality of water used on produce, soil amendments, animals (domestic and wild) on the property, and worker health and hygiene. 

Karen Ullmann and Kelly Morales compare inspection notes.

In just five short years, this committed program team has taken great strides in carrying out their purpose. Below are some key accomplishments. 

Education

• Conducted 65 On-Farm Readiness Reviews, non-regulatory, educational assessments that help farms comply with the FSMA Produce Safety Rule.  
• Trained approximately 1,700 growers on FSMA through the program’s support of 60 FDA-recognized trainings statewide. 
• Conducted 30 additional produce industry presentations and attended over 150 statewide conferences, regional workshops and grower meetings.

Compliance 

• Established the agency’s first produce safety inspection program and began compliance activities in 2019  
• Conducted over 90 Produce Safety Rule inspections in just two years, including one shortened by the pandemic and wildfires
• Developed an inventory of 2,740 produce farms from multiple public sources, along with individual outreach and mass-mailer campaigns 
• Verified compliance status of 43% of farms in the new database, FoodPro, shared with the Food Safety Program. FoodPro provides greater customization and enables electronic on-farm inspections.

Looking ahead, the program’s strategic priorities include continued education, outreach, and technical assistance to the state’s produce industry, and focusing regulatory inspections on quality and national consistency.

Jill Wisehart and Beth Lorence offer educational material
at an outreach event.

“As WSDA’s produce safety role grows in national influence, Connie is the right leader for the job,” noted Steve Fuller, assistant director of the Food Safety and Consumer Services Division. 

So the next time you enjoy some fresh Washington-grown produce from a farmers market or grocery store, consider the importance of the Produce Safety Program. As they gear up for the future, they will continue to help state fruit and vegetable growers safeguard the food supply for all consumers. 

In summary: Five years ago, WSDA welcomed a brand new program to the agency. In that time, the Produce Safety Program has racked up an impressive list of accomplishments. And the program heads into their next phase with a new leader at the helm. Meet Dr. Connie Fisk, who started as the program manager on June 28.