In 2021, The Washington State Department of Labor & Industries (L&I) announced emergency rules to protect workers from wildfire smoke exposure. These emergency rules have since expired and were replaced with updated regulations on May 16, 2025, reflecting recent policy changes made by the Environmental Protection Agency (EPA).

Many provisions of the 2021 rules were renewed. As of May 2025, certain employers remain required to train employees about wildfire smoke risks, verify that employees showing symptoms of smoke exposure are monitored and receive medical care, and take actions to remove or reduce exposures to smoke when levels of particulate matter are high.

The EPA changed the Air Quality Index (AQI) breakpoints in 2024, and L&I has adjusted the thresholds in its rules accordingly. In addition to modifying the AQI values, the 2025 rules provide more comprehensive information in a number of sections, including lists of symptoms and more specific employee training metrics. Some sections, such as the respiratory protection section, have been expanded with more robust descriptions, which may create heightened requirements for employers.

Finally, some previously exempt workers are now covered by the protections. Employees exposed to a concentration of NowCast PM2.5 or more for a total of one hour or less during a shift now receive protection. Additionally, operators of buses, trains, and other public transit vehicles receive protection under the Act, despite working in enclosed spaces. It is advisable that employers review these changes in the text to learn more about their specific obligations.

For more information, contact the Ryan Swanson’s Employment Law Advising & Employer Defense Litigation group.