How to talk to your boss about workplace safety in LA right now

Tips and a template

The air in Los Angeles is hazardous right now. High winds are kicking up more dust and fires this week, so it’s natural to be freaked out. To make matters worse, it’s often hard to get the information we need to make decisions about our safety and livelihood.

If we work on-site, we want to know what measures our employers are taking to prevent smoke inhalation. If we work outside, we want to know if there will be N95 masks provided. If we work inside, we want to know if there is an air purification system in place. We want to know how big a risk we are taking to do the jobs we need to do to feed ourselves—but, too often, nobody tells us a blessed thing because the only real goal is to maintain productivity.

[image of burned down structures and trees, c. Corey Clayton]

And so, you will probably have to email your boss (if you haven’t already). Asserting yourself is scary as all heck, especially if you are a freelancer or wage worker, and lack the benefit of paid time off. It’s natural to feel concerned about your employer’s possible reaction, even when your own wellbeing is at stake.

I have no legal qualifications. I’m just a writer who is extremely sick of seeing my friends exploited. After poking around the OSHA (Occupational Safety and Health Administration) website, I’ve compiled this guide to try to provide pointers and a template for having these tough conversations. I hope it helps.

Be polite, direct, and to the point.

If possible avoid bringing your emotions into the conversation. Don’t fawn, or try to soften up your boss in hope that they take less offense to you advocating for yourself.

Ask clear questions.

Focus on whatever questions you need answered, so you can make decisions about your safety and livelihood. For example, if you work outside, will N95 masks be provided? If you work inside, is there a ventilation system? If not, will air purifiers be put in place?

Consider implying that you know your rights, limited as they may be.

To some extent, workers are protected by OSHA’s Protection from Wildfire Smoke standard, which requires employers to offer protections against wildfire smoke. Unfortunately, these protections only apply to workplaces where the Air Quality Index (AQI) for PM2.5 is 151 or greater, and as we know, AQI doesn’t always give us a complete picture, especially when buildings have burned—leading to more toxic particles in the air.

This means it is not necessarily an OSHA violation for your boss to make you work outside without a mask if AQI is lower than 151. That said, the OSH Act does provide some protections from employer retaliation (eg. suddenly drastically reducing your shifts), if you raise workplace health and safety concerns—especially if your worksite is in an evacuation zone. Cal/OSHA regulations also assert that employers have a responsibility to reduce employee exposure to wildfire smoke by providing accommodations, such as ventilation systems, flexible schedules, reduced work intensity, and additional rest periods. Finally, under the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), employers are required to provide “reasonable” accommodations to workers who may be experiencing mental or physical health impacts as a result of climate catastrophes. It’s important to note, however, that despite these protections, the ADA is not always enforced, and disability discrimination at work is not rare.

Again, I am not a lawyer, so this is only an instinct, but my sense is that implying you are aware of these protections may make employers more responsive, because it suggests that you are creating a legal paper trail. For example, you might say: “I believe any reasonable person would fear for their safety when working outside when there is such a high volume of toxic particles in the air.” This wording suggests that you are aware that you have the legal right to refuse work without fear of retaliation if—in the words of OSHA—“a reasonable person would agree that there is a real danger of death or serious injury.”

Close with something courteous.

This is mostly so you don’t spend the next 12 hours rereading the email and freaking out that you were too aggressive just for asking basic questions about your survival.

Here’s a template that might be helpful:

Dear [employer’s name],

I’m emailing to ask about [employer]’s current plan for ensuring workplace safety, given the ongoing fires and smoke in Los Angeles right now. Does [employer] plan to: [provide N95 masks, ensure air purifiers are in place, modify the workplace to reduce outdoor exposure, change the location, etc.]? As you can imagine, I am concerned (as any reasonable person would be) about the long-term effects of smoke inhalation.

I’m grateful for any clarity you can offer. I know this is a complicated time for everyone.

Many thanks,

[name]

It is real evidence of our society’s pathological need for profit that we have to think about navigating wage work during a literal climate catastrophe. This is not the way things should be, but it is the way things are. My hope is that after reading this, you feel a little less vulnerable as you try to stay as safe as possible while earning the income necessary to survive. May we continue to look out for one another.