It is important to understand that the temporary enforcement guidance memoranda do NOT offer blanket waivers or exemptions for complying with any OSHA standards or provisions of such standards, including the Respiratory Protection standard (e.g., annual fit-testing requirements). Rather, they allow for enforcement discretion by CSHOs during the COVID-19 pandemic period in circumstances where an employer can demonstrate that it…
made unsuccessful but objectively reasonable efforts to obtain and conserve supplies of FFRs and fit-testing supplies as outlined in the memoranda.
Understand that non-compliance still violates the standard. However, these temporary enforcement guidance memos provide CSHOs discretion, on a case-by-case basis during the COVID-19 pandemic period only, to refrain from issuing citations to employers for violating certain provisions of the Respiratory Protection standard and/or the equivalent respiratory protection provisions of other health standards, where compliance with these provisions is affected by supply shortages.
For example, CSHOs will look for and consider documentation and other available information showing that the employer: