9110. (a) The Legislature finds and declares that having access to a statewide stockpile of N95 filtering facepiece respirators in the event of a wildfire smoke emergency is vital to the health and safety of its essential agricultural workers.
(b) For purposes of this section, the following terms have the following meanings:
(1) “AQI” means air quality index and refers to the method used by the United States Environmental Protection Agency to report air quality on a real-time basis, utilizing the chart in subdivision (b) of Section 5141.1 of Title 8 of the California Code of Regulations.
(2) “Agricultural employee” means a person employed in any of the following:
(A) An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission.
(B) An industry preparing agricultural products for the market, on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission.
(C) An industry handling products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission.
(3) “N95 filtering facepiece respirator” or “N95 respirator” means an N95 particulate filtering facepiece respirator approved by the National Institute for
Occupational Safety and Health of the United States Centers for Disease Control and Prevention.
(4) “PM 2.5” means particulate matter that is 2.5 microns or smaller.
(5) “Stockpile” means the N95 filtering facepiece respirator stockpile established pursuant to subdivision (d).
(6) “Wildfire” means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires when the objective is to extinguish the fire.
(c) The division shall designate a “wildfire smoke strike team” within each of its regional offices. These teams shall be deployed to inspect
agricultural workplaces for compliance with Section 5141.1 of Title 8 of the California Code of Regulations when both of the following conditions apply:
(1) The current AQI for PM 2.5 is 151 or greater, regardless of the AQI for other pollutants.
(2) The wildfire conditions in the region are such that it would be reasonable to anticipate that agricultural employees within the region may be exposed to wildfire smoke.
(d) (1) By January 1, 2023, the
division shall establish a stockpile of N95 filtering facepiece respirators, upon appropriation, of sufficient size to adequately equip all agricultural workers during wildfire smoke emergencies. Thereafter, the stockpile shall be adjusted as necessary to account for the growth in the number of agricultural workers within the state.
department division shall establish stockpile guidelines for procurement, management, and distribution of N95 respirators. The department division
shall coordinate with the Department of General Services to distribute masks for local storage within the division regional offices.
(3) Agricultural employers shall furnish these regional offices with employee totals, by month, to ensure that adequate amounts of N95 respirators are stockpiled. During wildfire smoke emergencies, agricultural employers shall have access to the regional stockpiles to equip their employees, in order to comply with Section 5141.1 of Title 8 of the California Code of Regulations. If an agricultural employer fails to register with the regional office, they will not have access to the stockpile and shall purchase N95 respirators from other sources for use by their employees in order to comply with these requirements.
(e) (1) By January 1, 2023, the division shall develop, and shall thereafter distribute, specific air quality training and information in both English and Spanish on all of the following issues:
(A) What resources employers use to determine unhealthy air quality.
(B) What type of personal protective equipment agricultural employees are entitled to when working in hazardous air quality conditions.
(C) How to use N95 respirators safely.
(D) Signs and symptoms of illness related to unhealthy air exposure and respirator failure or issues.
(E) The right of an employee to request and obtain medical treatment
without fear of reprisal.
(2) The information shall be designed to be easily understood by agricultural employees from a variety of ethnic and cultural backgrounds, and various education levels, including the use of pictograms, as necessary. The information shall be made widely and easily accessible throughout the year, including in physical formats at the worksite and via the division’s internet website.
(3) The training shall be provided by the employers for all management staff and agricultural employees periodically. The frequency shall be established by the division and shall be based upon the regional wildfire risk.
(f) Commencing January 1, 2023, in addition to the periodic training required in subdivision (e),
during a wildfire smoke emergency and prior to distribution of the N95 respirators, an agricultural employer shall conduct refresher training, as developed by the division, for all managers and agricultural employees specifically focused on the safe and effective use of the N95 respirators.