The new proposed revisions to the Protection from Wildfire Smoke regulations under Cal/OSHA’s §5141.1, is impractical for farming operations. The proposed updated rule requires employers to provide NIOSH-approved respirators, such as N95s, to all agricultural employees when the AQI for PM2.5 reaches 151 but does not exceed 300, and mandates their use when the AQI exceeds 300. In addition, employers must now conduct medical evaluations for respirator use and track real-time air quality, when the AQI exceeds 500.

However, all other non-agricultural employees have a different threshold. All other employers with outdoor workers must provide N95’s when the AQI for PM2.5 reaches 151 but does not exceed 500 and mandates their use when the AQI exceeds 500. Why would agricultural employees be singled out versus all other industries with employees working outdoor? Where is the science-based approach to this? Existing safety practices and common-sense decisions have long protected workers during smoke events and this proposed regulation is yet another additional regulatory and biased burden. Adding to the burden are new demands for medical evaluations (when the AQI exceeds 500), respirator supply logistics, and AQI monitoring.

There needs to be a more flexible, risk-based approach that supports both worker health and economic sustainability. Voluntary protections and practical risk assessments would better serve both worker safety and agricultural sustainability. The Association is strongly opposed to the proposed changes and will be submitting comments during the open comment period which closes July 7^th, 2025. Stay tuned for updates.