OSHA Facts

OSHA Respiratory Protection Standard program administration.⁽¹⁾

OSHA requires that a respiratory protection program be administered by a suitably trained program administrator to protect healthcare workers against airborne pathogen transmission.  A trained program administrator will provide the following:

• Fit testing of the respirator (Qualitative or Quantitative)
• Medical evaluations to determine employee ability to wear a respirator
• Respiratory Protection Training
• Written Respiratory Protection Program

OSHA required Fit Testing has NOT been suspended due to the Covid-19 pandemic.⁽²⁾

In March of 2020, OSHA issued a Temporary Enforcement Guidance temporarily suspending annual fit testing due to concerns about the availability of N95 compatible respirators and an assumed  redundancy in testing.  The guidance called out that these facilities must continue to test new respirators, new employees and employees with noticeable changes in their physical appearance  (ex. beard, weight gain) to protect healthcare workers against airborne pathogen transmission. 

OSHA permits voluntary compatible N95 respirator use ONLY when the healthcare facility has determined there is not a high or very high exposure risk from an airborne hazard.⁽¹⁾⁽⁶⁾   

The healthcare facility is required to analyze the work environment, conduct a written hazard assessment, and determine the proper level of respiratory protection to protect healthcare workers against airborne pathogen transmission.  Voluntary use of compatible N95 respirators is only permitted when the healthcare facility has determined that there is no airborne hazard that would require the use of a respirator.   

OSHA Respiratory Standards and Temporary Enforcement Guidance requires fit testing in many situations.⁽¹⁾⁽²⁾

Based on a healthcare facility’s assessment, OSHA requires fit testing in the following situations to protect healthcare workers:

• Healthcare facility vendor changes the type and manufacturer of the N95 respirators provided to staff.
• Healthcare facility switches from N95 respirators to KN95 respirators.
• Healthcare facility surgical staff member grows a beard, gains or loses a significant amount of weight.

OSHA has received thousands of complaints from healthcare facility employees.⁽¹⁾⁽³⁾

Healthcare facility employees have filed thousands of complaints regarding their exposure to the novel coronavirus and the lack of safeguards at their places of employment. A competent program administrator or certified industrial hygienist will ensure OSHA compliance, staff safety and a reduction in liability for a healthcare facility.

OSHA has issued over $3 million dollars in Coronavirus Violations as of December 2020.⁽⁴⁾⁽⁵⁾

OSHA inspections have resulted in the citing of employers for violations, including failures to:

• Implement a written respiratory protection program;
• Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment;
• Report an injury, illness or fatality;
• Record an injury or illness on OSHA recordkeeping forms; and
• Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970

OSHA Respiratory Protection Standard.⁽¹⁾

The key areas required by the OSHA Respiratory Protection Standard 29 CFR 1910.134 are as follows:

• Written Respiratory Protection Program
• Medical Evaluations
• Fit testing of the Respirator
• Respiratory Protection Training

California Employers – CA A.B.685

CA A.B. 685 went into effect on January 1, 2021. It creates reporting obligations that require employers of all sizes to provide written notice of their industrial and nonindustrial COVID-19 cases to employees and local public health officials, as well as the California Occupational Safety and Health Administration (Cal-OSHA). The law will remain in place until January 1, 2023. Employers who fail to comply with A.B. 685 regulations are subject to civil penalties and citations. ⁽⁷⁾

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References:

1 – OSHA 29 CFR 1910.134 Respiratory Protection Standard
2 – OSHA: National News Release – Temporary Enforcement Guidance for Respirator Fit-Testing in Healthcare during COVID-19 Outbreak
3 – www.washingtonpost.com/business/2020/04/16/osha-coronavirus-complaints/
4 – OSHA: National News Release – U.S. Department of Labor’s OSHA Announces $3,403,139 In Coronavirus Violations
5 – DOL-OSHA-OOC-2020-108: Lessons Learned: Frequently Cited Standards Related to COVID-19 Inspections
6 – OSHA 3990-03 2020 Guidance on Preparing Workplaces for COVID-19
7 – The National Law Review; January 3, 2021 Volume XI, Number 3 (natlawreview.com)