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CLIMATEWIRE |<\/b> James Jordan could work at almost any job in California and be protected by state rules that require companies to give their employees high-quality masks to block wildfire smoke.<\/p>\n
But James Jordan is an Uber driver.<\/p>\n
That means he’s a contractor, not an employee, for the multibillion-dollar tech giant \u2014 and unprotected by California\u2019s first-in-the-nation regulations on worker safety related to wildfire smoke.<\/p>\n
If you’re enjoying this article, consider supporting our award-winning journalism by subscribing<\/a>. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.<\/p>\n Ride-hailing companies like Uber and Lyft are now part of America\u2019s disaster response. Both apps have offered Los Angeles residents free rides to evacuation shelters during the deadly wildfires that have torched large area of the city \u2014 a service they also offered ahead of hurricanes and other disasters around the country.<\/p>\n But the drivers who venture into harm’s way often have little gear or training to protect themselves \u2014 or their riders \u2014 from extreme weather.<\/p>\n The rights of gig workers were also weakened by a California ballot initiative that was upheld by the state Supreme Court last year. The result: Uber and Lyft are exempted from state wildfire smoke protections for workers \u2014 and the companies don\u2019t have to provide drivers with sick leave if they fall ill from inhaling wildfire smoke. Drivers also can’t claim workers compensation if their lungs are irreparably harmed.<\/p>\n \u201cWe help their brand, and we serve the community so they can stay out of this hazard, but we don\u2019t get anything for putting ourselves at risk,\u201d Jordan said on a recent Saturday afternoon as Los Angeles County extended its unhealthy air quality warning<\/a> and urged people to \u201cstay indoors as much as possible.”<\/p>\n Uber and Lyft each said their drivers provided about 10,000 rides to evacuation shelters in the first week after the wildfires started. In response to questions about what Uber was doing to protect its drivers, a spokesperson said it was “having ongoing conversations with drivers, couriers and merchants to listen to their needs to find the best way to support them.”<\/p>\n Lyft did not respond to requests for comment.<\/p>\n Both companies\u2019 said on their websites that their drivers are not allowed to enter active fire evacuation zones, but they said nothing about the dangers of wildfire smoke pollution, which at one point this month reached more than 13 times<\/a> EPA’s safe limit for daily average exposure.<\/p>\n Lyft\u2019s webpage for its Disaster Relief Access Program<\/a>, which describes policies related to rides to evacuation zones, tells riders that \u201cwe prioritize our drivers\u2019 safety\u201d and warns that arrival times may be longer than expected.<\/p>\n The page tells drivers to \u201cuse your best judgment when evaluating road conditions\u201d and suggests sharing their phone location with a loved one \u201cso they know where you are and can follow along in real-time.\u201d<\/p>\n The page does not provide information about how drivers can protect themselves or what to do if they experience shortness of breath or other symptoms of smoke exposure.<\/p>\n That\u2019s a concern for Jordan, whose eyes and throat have been stinging as he drives this month. He said he has felt anxious when riders with labored breathing get in his back seat.<\/p>\n \u201cOne guy assured me he has asthma, that he wasn\u2019t about to have a heart attack or anything like that, but it was scary because I don\u2019t know what to do if he has an asthma attack in the middle of a ride,\u201d Jordan said.<\/p>\n If Jordan wasn’t an Uber driver, he might have received training about the symptoms caused by smoke exposure and how to know when to seek medical attention.<\/p>\n In 2019, California established groundbreaking regulations<\/a> to limit workers\u2019 exposure to wildfire smoke. The rule requires employers to provide workers with N95 respirators when the Air Quality Index for particulate matter reaches 151, a level that EPA says is \u201cunhealthy\u201d for the general population. The smoky pollution can extend 50 miles from a blaze. The rule also requires companies to train employees to spot symptoms of smoke inhalation and on the importance of using a respirator versus surgical masks, which don’t block the smoke as well.<\/p>\n The California Department of Industrial Relations received more than 50 complaints about the rule being violated during the first week of the fires.<\/p>\n But the protections don’t apply to contractors, like Jordan and other gig workers. That\u2019s thanks, in part, to Proposition 22, a ballot initiative supported by tech companies including Uber and Lyft that promised to increase their workers\u2019 wages in exchange for legally classifying them as independent contractors.<\/p>\n The ballot initiative also excludes contractors from other worker protections, including minimum wage and overtime requirements, and benefits like unemployment and workers compensation.<\/p>\n Many workers have argued that the benefits promised by organizers of the ballot initiative have not materialized. But enforcing the law has proven complicated<\/a> because the state Industrial Relations Department said its jurisdiction to resolve labor disputes extends to employees \u2014 not gig workers.<\/p>\n \u201cIf you\u2019re a grocery store worker who collects the carts outside, your employer is required to provide you with a respirator for the smoke and give you paid sick days and workers compensation if you develop COPD from your on-the-job exposure,\u201d said Anastasia Christman, a senior policy analyst at the National Employment Law Project, referring to a chronic lung disease. \u201cBut none of that applies to Instacart workers or Uber drivers who may be frequenting the same grocery store because they are independent contractors.\u201d<\/p>\n The Los Angeles wildfires are just one example of extreme weather events endangering gig workers.<\/p>\n In September 2021, the remnants of Hurricane Ida dropped a record-breaking amount of rain on New York City, overwhelming the city\u2019s stormwater system and flooding streets, subway tunnels and basements.<\/p>\n Thousands of food delivery workers were caught in the deluge, damaging some of their electric bikes.<\/p>\n Because they were contractors, many had to pay for the repairs themselves, said Ligia Guallpa, co-founder of Los Deliveristas Unidos, a group that helps organize app-based delivery workers in New York City.<\/p>\n Then in 2023, New York City delivery workers were exposed to smoky air from Canadian wildfires, oftentimes without masks or training, Guallpa said.<\/p>\n \u201cThese workers are on the front lines of climate change because their workplace is in the streets, so they are the ones breathing the smoke or being flooded,\u201d Guallpa said.<\/p>\n Back in Los Angeles, Jordan says he is having to work more to make ends meet because of the fires. There are fewer riders than normal, he said, and many are taking shorter trips, for which he makes less money. He said he’s working longer days \u2014 up to 12 hours sometimes \u2014 to earn the same amount he used to make in eight hours, about $200.<\/p>\n He\u2019s worried about the smoke and ash damaging his car, which has been flashing \u201ccheck engine\u201d alerts when the pollution gets especially thick.<\/p>\n He tries to protect himself by keeping the windows up and wearing surgical masks \u2014 the kind he had at home that were leftover from the pandemic. He knows they’re not very protective, but it’s what he had.<\/p>\n He wishes Uber would communicate with its drivers. He wants hazard pay, or better masks \u2014 or \u201cat least a ‘thank you guys’ from braving these conditions and helping the community.\u201d<\/p>\n \u201cThat type of messaging, we haven\u2019t heard anything from them,\u201d Jordan said. \u201c[We] guys end up doing it because you need the money, not because you expect the corporations to have any humanity.\u201d<\/p>\n Reprinted from <\/i>E&E News<\/i><\/a> with permission from POLITICO, LLC. Copyright 2025. E&E News provides essential news for energy and environment professionals.<\/i><\/p>\n<\/div>\nCalifornia cruising<\/h2>\n
On the \u2018front lines\u2019 of climate change<\/h2>\n