Washington imposes stricter N95 mask rules for outdoor workers

All outdoor workers are sensitive to wildfire smoke, according to the Washington Department of Labor and Industry, which plans to lower the threshold for requiring smoke filtering masks.

Under emergency rules, workers must wear respirators when the air quality index reaches 550 this year, well below the 301 level that the Environmental Protection Agency considers harmful to everyone.

As a permanent rule, the L&I is considering setting the threshold as low as 201, which the EPA calls “very unhealthy.” California requires AQI 500 masks; Oregon 251.

AQI measures smoke particles in the air. The higher the number, the thicker the smoke.

In 2020, Gov. Jay Inslee ordered L&I to write wildfire smoke rules at the request of the United Farm Workers union and the UFW Foundation. L&I implemented emergency rules in 2021 and 2022.

L&I has circulated proposals similar to the emergency rule for comment, but with some more stringent requirements. The rule would apply to farm workers, lumberjacks, construction workers, utility workers and others, including bus drivers who open doors to let passengers on and off.

As the air gets worse, the requirements will escalate.

At age 69, which the EPA calls an “acceptable” level, employers will have to encourage workers to wear N95 masks for people who are “unusually sensitive.”

Employers will be encouraged to move work indoors, cancel work, slow down work, provide more breaks and do not produce dust, smoke or fumes.

At level 101, which the EPA calls “unhealthy for sensitive groups,” exposure controls become mandatory “whenever feasible,” and employers must provide N95 masks.

On its website, the E.P.A. lists the elderly, the young, people with diabetes and people with heart and lung conditions as examples of sensitive groups. Outdoor workers are a sensitive group for L&I.

“Outdoor workers are working and cannot be easily accessed,” Dr. Nicholas Reul of L&I said in an online meeting with interested parties on  Oct 13.

“All employees covered by the rule are considered sensitive groups with a high risk of poor outcomes,” he said.

Under 201 or 301, which the department has not yet decided, workers must wear N95 masks. Other face masks, such as turbans or N95 surgical masks, will not be available.

During the online session, L&I officials answered questions about how to enforce the mask rule.

“Over the past few months, we’ve seen AQI levels well above 200 in central Washington. Although we have distributed N95 [face masks], our employees refuse to wear them. Would you expect companies to mandate masks?” “Asked one man.

“Some employees won’t wear the N95,” another person said. “Can they choose to go home without worrying about their employer’s recourse?

L&I officials compared the requirement to wear a hard hat, safety glasses and reflective vest.

In the AQI 500, workers must participate in a “full respirator protection program.” Masks must fit tightly. It is possible that workers must be clean shaven.

At AQI 550 and above, respirators with P100 filters will be required. Men with beards can wear loose, electric air-purifying respirators.

The rule would also require employers to train workers about the dangers of wildfire smoke.

4 thoughts on “Washington imposes stricter N95 mask rules for outdoor workers

  1. MYLES W. says:

    Very interesting and worthwhile article on N95 masks. Many people don’t appreciate the modern technology involved with these masks.

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