Protect workers from smoke exposure

The sky darkened with smoke. "Critical fire warnings" issued across the state. Families evacuated their homes. Yet farmworkers continued to harvest crops without protection from increasing smoke in the unhealthy air.

Oregon’s 2020 wildfires presented difficult, haunting working conditions for people and our state must put in rules to protect workers when these conditions happen again.

Last year, farmworkers, in particular, were vulnerable to the wildfires that coincided with peak harvest season coming to an end. The pressure to pick the remaining crops was high. Job opportunities would soon be scarce and many put their health at risk, even if they lacked health insurance.

For many people, missing a single day of work could mean having less food to eat or falling behind on rent. Workers in other industries across the state face similar challenges without clear guidance from employers or the state.

Wildfires are anticipated to increase in frequency and intensity with hotter summers, longer droughts, and drier conditions brought on by climate change. This means an increase in breathing illnesses, heart disease and other poor health outcomes, according to Oregon Health Authority’s 2020 Climate and Health Report.

Fortunately, there are currently two rulemakings led by Oregon Occupational Safety and Health Administration to protect employees from workplace exposures to excessive heat and wildfire smoke. The rules are scheduled to be finalized in September 2021, but this year’s wildfire season could begin sooner.

Worker, public health and climate advocates urge Oregon OSHA to release emergency rules this summer to guide employers and employees exposed to unhealthy, smoky air.

The clearest need from those on the frontlines is to have employer-provided N95 masks available for all workers exposed to wildfire smoke. The final permanent rules must also include the requirement of annual supervisor and employee training, provided that new employees and supervisors get trained and fit-tested on a rolling basis as they start work.

In addition to the concerns for wildfires, farmworkers have been feeling the effects of hotter summers. During harvest season, many agricultural workers are paid by the amount of product they can pick, which incentivizes workers to skip their breaks. Even when breaks are taken, farmworkers usually do not have access to shaded areas since they are in the middle of the fields. In other instances, farmworkers have been denied water or have been provided pesticide-contaminated water.

When workers speak out, they’re often met with hostility, sometimes fired for speaking up. It is crucial for the excessive heat rules to have language requiring employers to provide accessible shade and cool, clean water for workers.

Just as important is having strong retaliation protections for workers who advocate for their rights.

These two rulemakings will have significant impacts on workers exposed to wildfire smoke and excessive heat.

We must center the voices and experiences of frontline communities when drafting the rules. Oregon has a responsibility to ensure workers and employers are informed and have rules to follow to protect health during extreme conditions. 

Reyna Lopez is the executive director of Pineros y Campesinos Unidos del Noroeste (PCUN), an Oregon farmworkers union based in Woodburn. You may reach her at reynalopez@pcun.org