A new study from the University of California, Davis, is raising urgent questions about whether California’s current air quality standards adequately protect the state’s farmworkers from wildfire smoke and related injuries.

Current regulations require employer action only when fine particulate matter in the air reaches an air quality index of 150. However, the research, led by agricultural economists, found that farmworker injuries increase even at lower pollution levels deemed “safe” by the state.

As climate change drives more frequent and intense wildfires, the legal and regulatory gaps exposed by this study point to a growing need for stronger protections for California’s most vulnerable workers.

Using injury claims data from California’s Division of Workers’ Compensation and wildfire smoke levels by ZIP code between 2007 and 2021, the study found at least 282 farmworkers were injured in 2020 due to smoke exposure. The researchers argue that the state’s thresholds are too lenient, especially as climate change intensifies the frequency and severity of large California wildfires.

Washington state is cited as a model, with significantly lower AQI thresholds that trigger protective measures for outdoor workers. There, at AQI 72, employers must inform and train workers; at AQI 101, N95 mask distribution is mandatory. In contrast, California’s rules lag, and enforcement is inconsistent at best.

This year, Assembly Bill 1336 seeks to address these shortcomings by requiring more robust safety protocols dealing with wildfire smoke, including proactive communication with workers, and stricter thresholds for mandatory protective actions. Compounding the issue are structural barriers such as language differences, immigration status and economic vulnerability, which prevent farmworkers from advocating for themselves.

For applicants' attorneys, this study emphasizes the need to challenge assumptions about what constitutes a "safe" workplace. CAAA members play a crucial role in pushing for broader recognition that environmental exposures in California — particularly wildfire smoke — are legitimate workplace hazards and by advocating for clients whose respiratory injuries may go undocumented or denied.

As air quality risks escalate, so does the need for legal strategies that anticipate and address the evolving nature of workplace injuries in agriculture.

This opinion by the California Applicants' Attorneys Association communications team is republished with permission from the CAAA website.