Reps. Lee, Grijalva, Crockett, and DeSaulnier Introduce SMOKE Act to Protect Workers from Harmful Exposure to Wildfire Smoke
Washington, DC – Representatives Barbara Lee (CA-12), Raúl M. Grijalva (AZ-07), Jasmine Crockett (TX-30) , and Mark DeSaulnier (CA-10) today introduced the Smoke Mitigation and Occupational Key Enhancements (SMOKE) Act. This legislation ensures that vulnerable workers aren’t forced to choose between their health or their livelihoods during an air quality crisis. The SMOKE Act requires the Secretary of Labor to issue a new standard on protection from “adverse air” – an Air Quality Index (AQI) reading of 151 or more (unhealthy) – that would also protect the employee’s position and pay.
Climate change is leading to longer and more active wildfire seasons. The smoke from these wildfires can make the outdoor air unhealthy to breathe. In the summer of 2023, smoke from wildfires in Canada drifted into the U.S., leading to extremely poor air quality and about 128 million Americans in 18 states being under air quality alerts. In the Bay area specifically, several counties have received “F” grades for air quality in 2023. While officials have warned Americans to be mindful of the poor air quality conditions, including limiting time outside, worker protections are unclear in these circumstances.
“The climate crisis has made wildfires increasingly a part of the daily life of Californians, especially for us in the Bay area. But our economy cannot come to a halt each time we deal with the aftermath of wildfires, nor can we sacrifice worker safety,” said Rep. Barbara Lee. “In the same way the northeast deals with blizzards, the Midwest deals with tornadoes, and the southeast deals with hurricanes – we need to retrofit our economy to adapt to the growing climate crisis. The SMOKE Act establishes a labor standard that protects workers from exposure to harmful working conditions during wildfire season and provides up to 12 weeks paid or unpaid leave for workers who want to protect themselves from harmful air quality. We need to take bold action to address the climate crisis, but while we work toward that, we must adapt to its growing impacts and make worker safety a top priority.”
“Clean air is a basic human right and essential for our workforce. From scorching summer heat to poor air quality from wildfires, workers in Arizona and across the nation are being subject to more extreme conditions because of climate change,” said Rep. Grijalva. “We need to strengthen labor protections to address poor air quality and provide workers with the necessary equipment to guarantee their safety during times of risk. That’s why I’m proud to join my colleagues in introducing the SMOKE Act to safeguard the health, safety and livelihood of workers and establish a foundation for a healthier, more equitable workplace.”
“Texas workers are on the front lines of the climate crisis. Extreme temperatures, intensifying storms, and longer periods of drought are heightening the risk of wildfires and smoke pollution - but instead of responding to these risks to protect workers, the Texas Governor is stripping away worker protections and leaving workers vulnerable,” said Rep. Crockett. “Texas workers deserve better. I’m introducing the SMOKE Act to ensure Texans are protected from smoke pollution on the job - even if my Governor will not.”
“Across the country, and especially in California, we have seen how wildfire smoke can impact the daily lives and health of workers,” said Rep. DeSaulnier. “We need to ensure that everybody is protected and feels safe when the air quality exceeds healthy levels. I am proud to be joining Representatives Lee, Grijalva, and Crockett in ensuring we protect workers’ health and safety as wildfires continue to be exacerbated by climate change.”
“I think it was a wake-up call for many on the East Coast who saw the impact wildfires can have even many hundreds of miles away,” said Patrick Drupp, director of climate policy at the Sierra Club. “We don’t think workers should have to choose when it comes to their health and their jobs, and this bill would protect vulnerable workers.”
“Wildfires are not infrequent or isolated events. Wildfires present a consistent public health threat that is stretching to communities across the country,” said Harold Wimmer, President & CEO, American Lung Association. “Smoke from wildfires can include harmful air pollutants that can lodge deep within the lungs and lead to asthma attacks, heart attacks, strokes and even premature death. On days when the air quality reaches unhealthy levels, the American Lung Association recommends individuals limit their time outdoors, which can be challenging for workers who are required to be outside. Ensuring resources and pathways for individuals to protect themselves from air pollution will improve health. Thank you to Congresswoman Lee for putting the health of workers first.”
"Climate change is increasing the scale and severity and of wildfires in the United States and around the globe,” said Dr. Kristina Dahl, a principal climate scientist at the Union of Concerned Scientists. “A federal smoke protection standard would be a tremendous step forward in addressing this mounting crisis, as research shows that unhealthy air from wildfire smoke can cause numerous health problems, with people of color and people with low incomes disproportionately exposed. As our understanding of the harms associated with wildfire smoke exposure grows, such standards will need to be responsive to the latest science."
The SMOKE Act requires employers to monitor the AQI for PM2.5 forecasts, inform employees of the presence of adverse air, and require workplaces to have engineering and administrative controls, and personal protective equipment (PPE). Engineering controls include enclosed structures with filtered air; administrative controls allow employees to be relocated to a location where adverse air is not present; and PPE includes respirators, among other tools. It also establishes employees whose health is jeopardized by adverse air to be entitled to 12 weeks of unpaid leave per year or the ability to choose if they would like to get paid for time taken off by substituting it for any accrued paid leave.
The SMOKE Act ensures workers aren’t forced to report to work if air quality conditions threaten their health – free from fear of losing compensation, employment, or retaliation.
To read the full bill text, click here.