How wildfire smoke should change bosses thinking on return to office

The fallout from the recent wildfires in Canada was a harsh reminder for the company that you don’t have to be in California or Asia to solve air pollution.

Now, just like when COVID-19 hit, businesses are at a crossroads and need to decide what they should do or do differently to keep workers safe when air quality is at its worst. Most companies and public officials did not take quick, sweeping steps in early June. The same is true with COVID-19, where many employers were slow to embrace working from home as the virus spread before local and state governments issued COVID-19 shelter-in-place orders.

Google was one of the first companies to tell East Coast employees to stay home on June 7, as New York City’s air quality ranks among the world’s unhealthiest cities. That may have helped Google’s decision: Many other East Coast employers don’t realize that California-based companies have more experience dealing with harmful air quality issues.New York Mayor Eric Adams a statement All New Yorkers were urged to limit outdoor activities on the same day, but there were no stricter orders.

Working from home is the last thing a downtown business district wants as post-pandemic normalcy is returning. But one thing is for sure: Companies and workers should expect these wildfire-related air quality problems to resurface. The most recent wildfire season has seen more extensive and hotter burns. From 1982 to 1992, the national wildfire decade averaged 2.5 million acres per year. Last 10-year average area: 7.7 million acres, about the size of the state of Maryland. The decisions that companies make on these issues can have a significant impact on the law and on employee satisfaction, especially given the potential for future air quality problems. Planning ahead can help prevent the chaos seen early in the pandemic, industry lawyers and consultants say.

“It definitely makes sense for companies to start thinking about these issues and developing strategies to deal with them,” said Sedina Banks, environmental partner at Los Angeles-based Greenberg Glusker Fields Claman & Macchtinger.

Here’s what companies and their employees should know about managing air quality issues:

Companies have a responsibility to provide a safe working environment

Generally, companies have a responsibility to provide a safe work environment under federal OSHA regulations. Many states also have OSHA laws related to workplace safety.

“Making employees work in an unhealthy environment is a direct violation of OSHA’s general liability provisions and may result in fines and penalties,” Charles Simikian, HR consultant and trainer at Alliance HR Partners Consulting, said via email.

Workers who feel unsafe because of the air quality can file a complaint with OSHA and OSHA can begin an investigation, wrote Sara H. Jodka, a labor and employment attorney at Dickinson Wright LLP, in emailed comments .

The employee’s claim may not be successful, but it’s still a risk. She pointed out that during the COVID-19 pandemic, there had been “extreme cases of employer oversight” in the successful cases, which ended in the death of the employee.

Air quality is becoming a widespread employee health concern

Amid the impact of COVID-19, wildfires, radon and other environmental concerns, employers and commercial real estate firms are increasingly aware of the importance of air quality. Thomas Brugato, an attorney in Covington & Burling’s Washington office, said companies should avoid thinking in one perspective and instead look to address air quality holistically. Thomas Brugato focuses on environmental issues and civil and administrative litigation. Broadly, he said, companies need to ask whether their existing systems are “adequate enough to ensure protected and safe air in situations where air quality is very poor”.

For outside workers, that could mean providing protective gear and reassigning them to areas with poorer air quality, said Nathan J. Oleson, a partner in the Washington office of law firm Akin Gump. areas with better air quality, or adjust working hours to accommodate times with better air quality. , specializing in complex employment litigation and counseling.

For indoor workers, this can mean upgrading old ventilation and filtration systems and using portable filtration units as needed when conditions are particularly harsh. While OSHA does not prescribe a specific measure, it provides ventilation and filtration recommendations and other resources on its website. website This may apply to companies seeking advice on improving indoor air quality due to recent wildfire conditions.

Look to California, Oregon, and Washington for guidance

Some states have or are considering specific rules for companies dealing with wildfires or other air quality issues.California enacted a Regulation This requires companies to be proactive in ensuring workers are protected when air pollution from wildfires impacts work environments, Olson said.

Companies that comply with these rules must identify and reduce employee exposure to hazardous substances in the air, among other things. In some cases, companies must provide all employees with respirators such as N95 masks for voluntary use.

While California’s rules primarily apply to outdoor workers, even companies with indoor workspaces could be affected by the requirements if they don’t meet the exemption threshold, Banks said. One way a company can be exempt is if its enclosed building or structure filters the air through a mechanical ventilation system and windows, doors, cubicles and other openings remain closed except for necessary entrances and exits.

Oregon has also passed a similar measure There is a proposal in Washington, with public hearings scheduled for July. “I wouldn’t be surprised if more and more states adopt these regulations that apply to corporations,” Banks said.

Companies should look to those states for guidance on best practices for dealing with wildfire smoke and other air quality issues, Banks said. These include making sure the building-wide HVAC system is working properly and using a high-quality air filtration system. Companies should also seek to limit the possibility of smoke intrusion and keep windows and doors closed as much as possible.

Also consider supplemental air filtration for extra protection.Commercial building owners may consider using guide Resources from the professional society American Society of Heating, Refrigerating, and Air-Conditioning Engineers.

Keep stock of N95 masks and work from home flexibly

There are other seemingly trivial things companies can do to make it easier for employees to cope with poor air quality.

Brendan Collins, an environmental attorney who leads the manufacturing team at Ballard Spahr, said an easy option is to maintain an adequate stock of N95 masks and make them available to workers as they enter or leave the building. Another option is to allow workers to work from home on days with poor air quality. “Working from home is not only possible, but for certain types of people in certain jobs, it’s routine and unobtrusive,” Collins said.

In fact, many of the tools in employer toolkits are tools they have become familiar with because of the pandemic. “COVID-19 has taught employers a strategy to deal with this,” Olson said.

Air Pollution Will Be a Bigger Legal, Regulatory Focus in the Future

The changing legal environment and the link between climate change and the severity of wildfire seasons are reasons to start planning. Given the heightened concern about air quality, more rules and regulations are likely to be introduced. Companies that take steps now to address potential problems will be better able to adapt to future legal changes, Olson said.

Beyond that, employers have a vested interest in showing that they care about their employees and their safety. “Companies now need to think and listen to their employees to make sure they put in place various guardrails to make sure employees can get their jobs done,” said Ritse Erumi, Future of Work Program Officer) team at the Ford Foundation.