
Employer Requirements Under Washington’s Wildfire Smoke Protection Law
Wildfire season is approaching and 2025 could be a rough one for wildfire smoke.
Outdoor workers in Washington state are covered by laws designed to protect them from the dangers of wildfire smoke. Washington enacted temporary rules in 2021 and 2022 but the Washington State Department of Labor & Industries has made the protections permanent and year round last year
Washington, Oregon and California became the only states with permanent, year round rules that will limit exposure for outdoor workers to breathing the tiny particles found in wildfire smoke. The particles can be breathed into the deepest part of lung tissue and present a significant risk to outdoor workers in agriculture, construction or other occupations.
The dangers of wildfire smoke exposure has been linked to increased risk asthma, heart failure, reduced lung function or an early death.

What Will Employers Need To Know
Employers need to take several steps to protect employees from the impacts of wildfire smoke and increase protection measures as smoke conditions worsen
- create response plans for the different wildfire smoke conditions as they develop
- provide employee training in response to smoke thresholds
- monitor smoke levels
- develop and implement two-way communications systems with employees
- insure employees can access prompt medical attention
- Employers cannot prevent workers from seeking medical attention or following medical advice they’ve been given.
Employers can use this chart from the Washington State Department of Labor & Industries to understand what specific action will be required any time the amount of dangerous material in the air, known as particulate matter or current PM2.5, rises above a certain level. Employers can use indexes like the NowCast Air Quality Index (AQI) to track air quality.
PM2.5 (μg/m3) | NowCast Air Quality Index for PM2.5 | Required Protections |
0.0 - 20.4 | 0 - 71 | Prepare a written wildfire smoke response plan. Provide wildfire smoke training to employees. Watch the PM2.5 conditions and forecasts. Prepare a two-way communication system. Make provisions for prompt medical attention, and permit that medical attention without retaliation. |
20.5 - 35.4 | 72 - 100 | In addition to all of the above and: Notify employees of PM2.5 conditions. Ensure only trained employees work outdoors. Consider implementing exposure controls ·Consider providing voluntary use respirators. |
35.5 - 250.4 | 101 - 350 | In addition to all of the above and: Implement exposure controls. Make N95 respirators available for voluntary use. |
250.5 - 500.3 | 351 848 | In addition to all of the above and: Ensure workers experiencing symptoms requiring immediate medical attention be moved to a location that ensures sufficient clean air. Directly distribute N95 respirators to employees for voluntary use. |
500.4 - 554.9 | 849 - 956 | In addition to all of the above and: Implement a complete required use respiratory protection program, including fit-testing, medical evaluations, requiring employees to be clean-shaven, and requiring the use of particulate respirators. |
555 or more | 957 or greater | In addition to all of the above and: Require respirators with an assigned protection factor (APF) of 25 or more. |
The requirements above are only a summary and employers can read about the full requirements at visit Lni.wa.gov/WildfireSmoke
Washington air quality data is available online by using the Washington State Department of Ecology’s interactive air quality map.
Other online resources;
Washington Smoke Information website
The Environmental Protection Agency’s AirNow Fire and Smoke Map.
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