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ARTICLE · 28 APRIL 2020

OSHA Issues Enforcement Policies On Respiratory Protection

Littler Mendelson
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The Occupational Safety and Health Administration (OSHA) has issued two separate enforcement memoranda related to the use of respirators by healthcare...

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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The Occupational Safety and Health Administration (OSHA) has issued two separate enforcement memoranda related to the use of respirators by healthcare and non-healthcare employers, given the shortage of N95 filtering facepiece respirators (FFRs) across industry as a result of the COVID-19 outbreak. The first was issued on April 3, 2020, and the second appears to have been issued a day later. Vice President Pence and other public health officials have encouraged non-healthcare employers in recent weeks to donate N95 FFRs to healthcare workers during this time. Prior to the issuance of these memoranda, however, OSHA had provided no guidance to employers regarding potential OSHA liability if respirators are not available or non-healthcare employers follow the recommendations of the federal government and donate their supplies of FFRs.

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