Since the start of the coronavirus pandemic through Thanksgiving, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued citations for violations related to coronavirus. As we all know, OSHA’s role is to assist employers in creating and maintaining a safe work environment for all workers. The pandemic has, of course, taxed employers across the board as they deal with a whole host of issues.
The violations arose from 255 inspections and a quick view of the four organizations fined in Florida reveals similarity among the issues. The majority of the citations are for violating Part 1920 of the OSHA code, Subpart 1 entitled Personal Protective Equipment and specifically, standard number 1910.134 entitled Respiratory Protection.
All employers should take a moment to review the employer requirements when respiratory protection is required. It’s a safe bet that the 255 inspections would pale to the violations among the total number of employers across the country.
Standard 1910.134(c)(1) states, “In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures.”
Lest anyone think that a respirator is one of those “buggy” looking goggle-mask things from sci-fi movies, this is just one type. The CDC defines a respirator as: a personal protective device that is worn on the face or head and covers at least the nose and mouth. A respirator is used to reduce the wearer’s risk of inhaling hazardous airborne particles (including infectious agents), gases or vapors. Respirators, including those intended for use in healthcare settings, are certified by the CDC/NIOSH.
This means that employers need actual P&P for: respirator selection; medical evaluations for employees required to wear one; fit testing; cleaning, disinfecting, storing, etc.; training on hazards and respirator use; and for evaluating the effectiveness of respirator use. Each of these components is defined in the regulations and as with any regulation, the company’s documentation of these actions is crucial to demonstrating compliance and avoiding sanctions.