Insights

Things are hotting up: wildfires in Brazil and elsewhere

Global

04.11.24

8 ’

Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts.

The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole, including the health of workers in the affected regions. The wildfires have had an especially severe impact in rural areas and in the metropolitan regions of northern, central and southwestern Brazil.

Workers in various sectors (particularly agribusiness) in these regions are exposed to smoke and micro-particles of soot contaminating the atmosphere and posing risks to their respiratory health. Even larger metropolitan areas like São Paulo can be affected, as these particles can travel hundreds of kilometers in hot air currents and further degrade air that is already contaminated by urban pollution.

The Ministry of Health recommends a number of actions to reduce exposure to particles resulting from fires, including increasing water and fluid intake and wearing masks. However, the primary recommendation is to stay indoors and protected from smoke, preferably in a building that is well-sealed and with adequate thermal comfort.

Employers, both private and public, have a legal obligation to look after their workers’ occupational health. To do so, they must adopt certain precautions to protect the health and safety of their workers, especially in these extreme conditions, including:

Ensuring ventilation and air conditioning in the workplace.
Providing workers with a satisfactory quantity of drinking water.
Ensuring that breaks are taken in ventilated and cool environments.
Providing adequate PPE for workers who need to be in hot or smoky environments.
Paying attention to ergonomics, as prolonged exposure to extreme heat can aggravate postural and ergonomic problems.

The burning season in Brazil reinforces the need for preventive measures to protect workers’ health. In this context, regulatory standards become important allies, offering guidelines that help employers face the challenge of global warming and address smoke from fires. By following these standards, employers ensure that the working environment remains safe and suitable.

The following are the regulatory standards in Brazil that are especially relevant to the protection of workers exposed to fires (and consequently to harmful air quality):

The standard that establishes guidelines and requirements for the creation of an Occupational Health Medical Control Program (‘PCMSO’) in organisations. The PCMSO requirements aim to protect and preserve the health of employees with regard to occupational risks. Those risks are assessed by the organisation’s Risk Management Program, which will identify any need for periodic medical examinations for the early detection of health problems related to exposure to pollutants.
The standard governing Personal Protective Equipment (‘PPE’) and the obligation to provide appropriate PPE to protect workers against identified risks.
The standard requiring employers to guarantee a safe and ergonomic working environment. This standard requires employers to provide suitable conditions for employees to carry out their work activities without compromising their health, which is particularly crucial during periods of extreme heat and pollution caused by fires.

Takeaway for employers

Given that the problems caused by wildfires are likely to continue as a result of climate change and the governmental incapacity to stop them, it is important that employers take measures to protect employees who are exposed to pollution and smoke.

Discover more about health and safety on our Global HR Law Guide

Discover more

The view from other places.

28 Oct 2024 at 00:00

Argentina:

Argentina is going through a dry season and this means the risk of wildfires is high. However, statistically 95% of these fires are initiated either intentionally or by the negligence of human beings. Sometimes this will be done with the intent of causing damage, other times by farmers to clear space for crops and sometimes by tourists and campers.

Act 26.815 created a National Fire Management Service (Servicio Nacional del manejo del fuego, SFMF) and by means of a collective bargaining process, there are now 500 brigadiers working on a national level. These efforts are combined with efforts at the local level.

The Health Ministry gives guidance on the bearable exposure to air contaminated by smoke or other substances, based on information received from the National Meteorology Service.

Recommendations are also provided to the public, including employees working in the fields, indicating preventive measures when the smoke is affecting populated areas.

There is no specific legislation that addresses the impact of wildfires on the work environment, but Health and Safety Act 19.587 contains a with a regulatory decree setting out levels of permitted air pollution. The person responsible for health and safety in each workplace should instruct employers how to proceed in these cases.

Bruchou & Funes de Rioja →

Written by: Eduardo Juan Viñales

28 Oct 2024 at 00:00

Chile:

In Chile, as in Brazil, recurrent fires during high-temperature periods pose significant environmental and safety concerns. According to article 184 of the Labour Code, employers have a duty to protect the life and health of employees. This includes taking necessary measures to control risks to employees’ physical and psychological integrity, maintaining hygiene and safety conditions and providing personal protective equipment during emergencies.

The Labour Directorate mandates that employers must act responsibly and with solidarity towards those affected by fires. Employees have specific rights in the event of wildfires, such as:

A justification for not attending work if they are dealing with significant human or material consequences.
A duty on employers to ensure that facilities in affected areas can be safely operated.
A duty on employers to allow employees to evacuate immediately if so ordered by the authorities.

Munita & Olavarría →

Written by: Marcela Salazar

28 Oct 2024 at 00:00

Greece:

During the most recent wildfires that affected Attica in August 2024, employee safety was ensured by means of a circular that implemented temporary emergency measures. Based on that circular, manual labour related to technical and construction projects was suspended during the worst days of the wildfires. This included work on construction sites, product distribution and delivery using two-wheeled vehicles (e.g., delivery services). The suspension did not apply to activities related to essential and critical infrastructure, including healthcare, transport, utilities, public services and the media. It also excluded work necessary for addressing ongoing emergencies and providing care and rescue to people and animals. In these cases, all necessary safety measures still had to be taken to protect lives.

The preventive measures included providing personal protective equipment where necessary, special provisions for workers in high-risk groups and the implementation of organisational measures, such as allowing telework where feasible, based on the nature of the job. In the case of non-compliance, a fine of EUR 2,000 per employee could be imposed.

KREMALIS LAW FIRM →

Written by: Theodora Ntentopoulou

28 Oct 2024 at 00:00

Luxembourg:

Under Luxembourg law, all employers are required to ensure the health and safety of their employees in all aspects of their work. Last summer, Luxembourg experienced a series of heatwaves, making it imperative for employers to take the necessary measures to protect the health and safety of their employees.

There are no specific provisions in the Labour Code on employers’ obligations in the event of extreme heat or heatwaves. However, in exceptional heat, a company may have recourse to the ‘unemployment due to bad weather’ scheme provided for under Luxembourg labour legislation. This scheme is available to employees whose work becomes dangerous to their health or safety as a result of the direct and immediate effect of the heat and its consequences.

The Health Department and the Labour and Mines Inspectorate recommend employers provide sufficient quantities of drinking water, as well as shaded and ventilated areas.

CASTEGNARO →

Written by: Nina Thiery

28 Oct 2024 at 00:00

Mexico:

In Mexico, employers must take proactive measures to protect their employees’ health and safety, especially when they are exposed to environmental hazards such as smoke from wildfires. Mexican labour regulations, including the Mexican Official Standards (“NOMs”), impose specific obligations on employers to create a safe working environment, provide adequate personal protective equipment, ensure proper ventilation in the workplace and offer a safe, cool environment in which workers can take breaks.

Failure to implement these preventive measures could lead to a determination by the labour authority that the employer is not complying with occupational health and safety standards. Such a finding of non-compliance could result in penalties, sanctions, or fines on the employer, which may vary depending on the severity of the violations. This could include, not only fines, but also additional inspections, increased scrutiny from the labour authorities, and possible shutdown.

Moreover, from a social security perspective, if an employee develops a health condition due to exposure to harmful environmental factors, such as smoke, and this is classified as a work-related risk by the Mexican Social Security Institute (“IMSS”), there may be further financial implications for the employer. Specifically, if the IMSS determines that the illness or injury was caused by unsafe working conditions, this could lead to an increase in the employer’s social security contributions due to increased occupational risks.

Basham, Ringe y Correa S.C. →

Written by: Santiago Villanueva Durán

28 Oct 2024 at 00:00

New Zealand:

In New Zealand, employers are under a positive obligation to ensure, so far as reasonably practicable, the provision and maintenance of a work environment that is without risks to health and safety. The courts have interpreted this to include managing the presence of health hazards such as carbon monoxide and ammonia. New Zealand’s Health and Safety at Work Regulations also require employers to provide personal protective equipment to workers and ensure an emergency plan is prepared for the workplace. Employers will likely need to be particularly conscious of these obligations following natural disasters which cause extreme heat, pollution or other hazards in the workplace.

Kiely Thompson Caisley →

Written by: Peter Kiely

Authors