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Governor Brown recently ordered Oregon OSHA to adopt new permanent rules for employees working in “high heat” and “smoke”. The original rules as directed by the governor would have led to work stoppage when high heat and smoke or air particulates exist. Due to efforts by OHBA and others, the updated rules are more prescriptive and the most problematic, OSHA directed pay, rest break periods and work stoppage, requirements only occur at very high levels of smoke (above 500 AQI) and heat (above 100). However, the rules still include other new requirements employers will need to take in order to remain operational at lower temperatures and smoke levels. HBA, OHBA, and others are concerned that the rules exceed state and federal law and that these rules have been implemented without a vote of the legislature. OHBA and HBA, along with partner organizations, are continuing to pursue actions to address these concerns, however, at this time it is imperative that you follow the rules as adopted. High heat rule · Applies to outdoor and indoor (when there is no mechanical ventilation) work activities, where the heat index* equals or exceeds 80 degrees Fahrenheit. · Requires one or more shade areas immediately and readily available to exposed employees who are outdoors. · Requires an adequate supply of drinking water for exposed employees, with immediate availability, no cost, and the opportunity to drink. · Requires implementation of an effective rest-break schedule – when the heat index equals or exceeds 90 degrees Fahrenheit – for preventive cool-down periods. Such breaks are work assignments, with no cost to employees. · Requires acclimatization to gradually adapt employees to working in heat and to prevent heat illness. · Requires a heat illness prevention plan – providing consistent messages about expectations for all employees – and supervisor and employee training. “Heat Index” refers to how temperatures feel to the human body when relative humidity is combined with air temperature. Wildfire smoke rule · Applies to employers whose employees are – or will be – exposed to wildfire smoke where the ambient air concentration for fine particulate matter equals or exceeds an Air Quality Index (AQI) 101. · At AQI 101 Requires employers to provide a National Institute for Occupational Safety & Health (NIOSH) approved filtering facepiece respirator, such as a N95, to all exposed employees for voluntary use. · At AQI 251 Requires employers to ensure employees wear NIOSH-approved respirators and follow Appendix A instead of the full respiratory program. This does not require medical evaluations and fit testing. · At AQI 501 Requires employers to ensure employees wear NIOSH-approved respirators and follow medical monitoring, fit testing, and other elements of the Respiratory Protection Standard. · Requires exposure monitoring and training. · Requires implementation of communications to relay information before employees are exposed. · Requires use of engineering and administrative controls, including relocating outdoor workers to enclosed buildings where air can be adequately filtered “AQI” refers to the Air Quality Index maintained by Environmental Protection Agency (EPA). This metric is used as a system to determine the level of air pollution in any given area. To Check AQI · Google · Apps such as IQ AirNow, Airmatters, and more · Check advisories issued by Oregon DEQ · 5-3-1 Visibility Index In addition to the full rules and fact sheets regarding the new High Heat and Smoke Rules, you can also find training and sample checklists and worksheets on the Oregon Home Builders Association website - oregonhba.com. For more information contact HBA Associate Director of Government Affairs, Staci McIntire at stacim@hbapdx.org or contact HBA at 503.684.1880