New CDC Face Mask Guidance Raises Liability Issues

I.  Introduction

The Centers for Disease Control and Prevention (CDC) and Federal Occupational Safety and Health Administration (OSHA) have issued guidance documents to help employers minimize hazards of Coronavirus / COVID-19 exposures in the workplace.  From the outset of the COVID-19 pandemic, the agencies recommended that employers conduct a hazard assessment and implement protective measures, including enhanced Personal Protective Equipment (PPE), where appropriate.  During the initial weeks of the epidemic, the agencies recommended respiratory protection only for health care workers, as widespread shortages limited the supply of filtering face-piece respirators (e.g.  N95 respirators) and surgical masks.  Late in the week of March 30, 2020, the CDC revised its recommendations to encourage the public use of face masks.  These new recommendations for PPE come as widespread shortages of PPE in health care persist, with numerous media reports of health care