East Coast Workers Toiling in Smoke Have Few Legal Protections

Thursday, June 8, 2023

John Ho spoke with Bloomberg Law about what the U.S. Occupational Safety and Health Administration could do for outdoor workers on the east coast impacted by the wildfire smoke from Canada. California and Oregon have workplace health rules covering wildfire smoke. Eastern states and OSHA do not have similar regulations. John said, "the U.S. Occupational Safety and Health Administration could invoke a law—the general duty clause—to cite employers." But because of the difficulty of showing that working outdoors over the next few days would lead to an illness, John said that he "doubted the agency would use the law."

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