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We Didn’t Start the Fire . . . . But Your Employees Might Breathe the Smoke

Last year was the most destructive fire season in California’s history. Over 7,600 wildfires burned nearly two million acres. As a result, on July 18, the California Department of Industrial Relations (DIR) Occupational Safety Health Standards Board adopted an emergency regulation to protect workers from hazards associated with wildfire smoke. The regulation is now in effect, following its approval on July 29, 2019, by the Office of Administrative Law.

The emergency regulation will be effective for one year, and applies where the current Air Quality Index (AQI) for airborne particulate matter (PM) 2.5 is 151 or greater (the AQI scale is from 0 to 500, and a 151 AQI is considered “unhealthy”), or where employers should reasonably anticipate that employees could be exposed to wildfire smoke.

To read the full GT Alert, click here.

For more on OSHA, click here.

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Photo of Michael Taylor ‡ Michael Taylor ‡

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety…

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety and health litigation, many of which involved a significant injury, fatality, fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael also provides federal and state workplace safety and health compliance counseling, inspection counseling, whistleblower representation, and due diligence reviews for clients. Michael also represents employers regarding Chemical Safety Board investigations in response to a significant fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael has significant experience in the oil, gas, electric utility, grain, construction, and chemical manufacturing industries.

Michael previously served as General Counsel to the federal Occupational Safety and Health Review Commission, the agency in charge of adjudicating workplace safety and health disputes between federal OSHA and the regulated community.

Michael is the Founder and Host of the Greenberg Traurig Workplace Safety Review Podcast, where he interviews influential environmental, health, and safety professionals across the country regarding timely and important topics in the environmental, health and safety world. Recent guests have included Douglas Parker, Assistant Secretary of Labor for Occupational Safety and Health in the Biden Administration; Deborah Harris, Chief of the U.S. Department of Justice Environmental Crimes Section; John Howard, Director of NIOSH and Administrator of the World Trade Center Health Program in the U.S. Department of Health and Human Service; Nadine Mancini, General Counsel of the federal Occupational Safety and Health Review Commission; and Richard Fairfax, former Deputy Assistant Secretary of Labor for federal OSHA.

In 2020, Michael was recognized as a “Labor & Employment Star” in the Benchmark Litigation Labor & Employment rankings, and, in 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety.

 Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.