1. Amalia Neidhardt MPH, CIH, CSP Senior Safety Engineer
The Cal/OSHA Emergency Regulation on Protection from Wildfire Smoke and Steps to Develop an Occupational Health Standard
Amalia Neidhardt MPH, CIH, CSP
Senior Safety Engineer
Cal/OSHA
August 26th, 2019

2. Research and Standards Health Unit
Develops occupational health standards in collaboration with the Standards Board.
To learn more about the Cal/OSHA subject-matter advisory meetings, please visit:

3. Subject-Matter Advisory Meetings

4. How did the Emergency Regulation Come to be?
The California Occupational Safety and Health Standards Board (Board) is the only agency in the State authorized to adopt occupational safety and health standards. 
Any person can address the Board and petition or propose a new or revised occupational safety or health standard. 
Petition 573 was submitted by worker advocate groups to amend Title 8 to protect outdoor workers from unhealthy levels of wildfire smoke through the emergency rulemaking process.

5. Petition 573 requests to amend Title 8 through the addition of Emergency Standards to protect outdoor workers from wildfire smoke constituents.
We try to update these every 2 months
As the title implies, includes administrative rulemaking such as electronic reporting and penalty increases, as well as less traditional safety and health rulemaking such as mining, tramway 5

6. Flow Charts on Rulemaking
VS.

7. Overview of the Emergency Regulation
Scope
Identification of harmful exposures
Communication
Training and instruction
Control of harmful exposure to employees
Appendices
Warn that I’m going to give a very basic overview, oversimplifying and leaving a lot of things out
=In advisory committee discussions or in preparation for formal rulemaking 7

8. Scope
This section applies to workplaces where: (A) The current Air Quality Index (current AQI) for PM2.5 is greater than 150, regardless of the AQI for other pollutants; and (B) The employer should reasonably anticipate that employees may be exposed to wildfire smoke. (With some exceptions)
Warn that I’m going to give a very basic overview, oversimplifying and leaving a lot of things out
=In advisory committee discussions or in preparation for formal rulemaking 8

9. Identification of Harmful Exposure
Check the AQI on governmental websites; or
Get the AQI from a governmental agency by phone, , text, etc.; or
Monitor air quality directly; or
Assume the AQI is greater than 500.
Warn that I’m going to give a very basic overview, oversimplifying and leaving a lot of things out
=In advisory committee discussions or in preparation for formal rulemaking 9

10. Communication
The employer shall establish and implement a system for communicating wildfire smoke hazards in a form readily understandable by all affected employees.
Inform employees of the current AQI for PM2.5 and of protective measures available to employees to reduce their wildfire smoke exposures.
Encourage employees to inform the employer of worsening of air quality; and any adverse symptoms that may be the result of wildfire smoke exposure such as asthma attacks, difficulty breathing, and chest pain.

11. Training and Instruction
The employer will be required to provide effective training and instruction. At a minimum the information contained in Appendix B.

12. Control of Harmful Exposure to Employees
Engineering controls
Administrative controls
Control by respiratory protective equipment
Emergencies, including rescue and evacuation are exempt from the requirement to implement engineering and administrative controls.

13. Appendix B

14. Where can I find a copy of 5141.1?

15. When will the Emergency Regulation Expire?
Warn that I’m going to give a very basic overview, oversimplifying and leaving a lot of things out
=In advisory committee discussions or in preparation for formal rulemaking 15

16. Protection of Workers from Wildfire Smoke

17. Steps to Develop an Occupational Health Standard
Regular pre-rulemaking and rulemaking steps for adoption and approval
Cal/OSHA staff conducts preliminary work to prepare proposed text for a new or updated standard:2
Reviews applicable mandates and other reasons to update or develop a new standard based on sources such as federal standards, California legislation, directive from the Governor, petition from the public, enforcement experience, and staff recommendations
Consults with other state and federal agencies, key stakeholders, and subject matter experts as to whether a standard should be updated or a new standard developed
Researches and reviews current regulations, national guidelines or consensus standards, enforcement data, injury and illness data, and scientific literature
For complex and controversial standards, organizes and conducts advisory committee meetings using a discussion draft developed during the advisory committee process
Based on results of research and input received from advisors, prepares proposed text (or, if appropriate, terminates the process without proposing a new or updated standard)
Cal/OSHA and Director's Office staff (Department of Industrial Relations, or DIR) prepare and submit a pre-rulemaking package to Occupational Safety and Health Standards Board (Standards Board) staff that includes the following: (1) proposed text; (2) initial statement of reasons, or ISOR; (3) economic and fiscal impact statement, or form 399; and (4) notice of proposed rulemaking.3 "Major regulation" means a regulation that will have an economic impact on California business enterprises and individuals in an amount exceeding $50 million:4
If the proposed standard is not a major regulation, Cal/OSHA and Director's Office staff prepare an economic impact assessment and include the assessment in the ISOR.5
If the proposed standard is a major regulation, Cal/OSHA and Director's Office staff prepare a standardized regulatory impact analysis (SRIA)6 and submit the SRIA to the Department of Finance (DOF) at least 60 or 90 days prior to Step 8.7 DOF comments on the SRIA within 30 days.8 Cal/OSHA and Director's Office staff include the SRIA and a summary and analysis of DOF's comments in the ISOR.9
Standards Board staff reviews and finalizes the package for conformance with Administrative Procedure Act requirements.
Standards Board staff prepares a Secretary's Office Action Request (SAR) and routes the completed package to Director's Office staff.
Director's Office sends the package to Labor and Workforce Development Agency (Labor Agency) staff, allowing 45 days for approval.
Labor Agency approves and returns the package to Standards Board staff.
The form 399, signed by the fiscal officer of DIR and the Secretary of the Labor Agency, is sent to DIR Budget Office staff, who sends the form to DOF.10
Standards Board staff submits the package to the Office of Administrative Law (OAL).11
OAL publishes the notice of proposed rulemaking in the California Regulatory Notice Register. Standards Board staff posts the notice and other documents and notifies interested parties.12
Standards Board staff holds a public hearing with advance public notice of at least 45 days.13 Cal/OSHA representative briefs the Standards Board on the proposal.14
Cal/OSHA staff responds to public comments. If necessary, Cal/OSHA staff modifies the proposed text accordingly, in collaboration with Standards Board staff.
If Cal/OSHA staff makes substantial changes that are sufficiently related to the public comments, Standards Board staff makes the changes available for public comment for at least 15 days.15
Director's Office staff obtains DOF approval of the Fiscal Impact Statement on the form 399, allowing approximately three months for approval.16 If the fiscal cost estimates on the original form 399 change, Cal/OSHA staff prepares an updated form 399 for DOF review and approval. The form 399 must be approved by DOF before OAL will approve the rulemaking action (in Step 19).
In collaboration with Cal/OSHA staff, Standards Board staff prepares and posts a notice of any additional documents relied on and notifies interested parties at least 15 days before the proposed standard is adopted.17
Cal/OSHA staff prepares a rulemaking package that includes the following: (1) final text; (2) final statement of reasons, or FSOR; (3) amended form 399 if necessary; and (4) updated informative digest.18
Standards Board staff reviews the package for consideration by the Standards Board.
Standards Board adopts the standard at a monthly public meeting.19
Standards Board staff submits the package to OAL within one year after publication in the California Regulatory Notice Register.20
Within 30 working days, OAL reviews and approves the rulemaking action and transmits the standard to the Secretary of State for filing.21 If OAL disapproves the proposed standard, the Standards Board may:
Rewrite and resubmit the standard within 120 days;22
Initiate review by the Governor's office.23
The standard goes into effect on one of the following dates, unless otherwise specified:24
January 1, if OAL approves the standard by November 30
April 1, if OAL approves the standard by February 29
July 1, if OAL approves the standard by May 31
October 1, if OAL approves the standard by August 31
Demonstrates how complex and numerous the steps are to make an occupational health standard
Step nine is where it goes from pre-rulemaking to formal
For health standards, Cal/OSHA develops the proposal and not standards Board staff
Doesn’t apply to safety standards, administrative regulations, emergency regulations, horcher 17

18. Any Questions? ?