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:
- Utilized strategies to prioritize and conserve the use of N95s according to CDC guidance:
- Considerations for Release of Stockpiled N95s Beyond the Manufacturer-Designated Shelf Life
- Strategies for Optimizing the Supply of N95 Respirators;
- Maintained a fully compliant Respiratory Protection Program (RPP) in all other regards (i.e., a written program that covers, among other required elements, procedures for medical evaluation of employees, respirator maintenance and care, employee training);
- Reassessed their engineering and administrative controls, and work practices, and identified and implemented changes to decrease the need for N95s without exposing employees to additional hazards (e.g., considering whether it is possible to temporarily suspend certain procedures, such as high hazard elective medical procedures, or to increase the use of other feasible protections, such as moving operations outdoors, using job rotation schedules, or improving the use of wet methods or portable local exhaust systems when performing dust-generating tasks);
- Monitored respirator supplies and made objectively reasonable efforts to obtain NIOSH-approved respirators; and, in healthcare settings, prioritized the best respiratory protection options available for use during high hazard aerosol-generating medical procedures;
- Explored options to obtain and use other types of respirators (e.g., P-100s, non-disposable, elastomeric respirators, and powered air-purifying respirators (PAPRs), as well as foreign respirators that are not NIOSH-approved) that offer equivalent or higher protection when N-95s were not available; and
- Monitored fit-testing supplies and made objectively reasonable efforts to obtain fit-testing supplies.
If employers can demonstrate objectively reasonable efforts to comply with the Respiratory Protection Standard, and/or the equivalent respiratory protection provisions of other health standards, then OSHA may exercise enforcement discretion in accordance with the memoranda during the COVID-19 pandemic.
SOURCE: https://www.osha.gov/SLTC/respiratoryprotection/respiratory-protection-covid19-compliance.pdf