Masks, Respirators and Cloth Face Coverings 

BY JACK WELSCH

In the past months most companies have rushed to implement new policies and practices regarding the use of masks, respirators and cloth face coverings in the workplace to protect against the spread of COVID-19. While it is critical to be able to adapt to rapidly changing situations, it is also important to do so within the framework of legal requirements and your organization’s Occupational Safety and Health Management System. 

Navigating these issues is not always as straightforward as it may seem. For example: Are these masks, respirators and cloth face coverings considered personal protective equipment (PPE)? OSHA has recently updated their FAQs regarding cloth face masks, surgical masks, and respirators. Interestingly, OSHA has determined that cloth face coverings are not considered PPE subject to 29 CFR 1910.132. However surgical masks may or may not be considered to be PPE depending on if they are used only for source control or if they are also used to protect workers against splashes and sprays (i.e., droplets) containing potentially infectious materials. Conversely, respirators are always PPE and if respirators, such as NIOSH-approved N95 masks, are used on either a voluntary or mandatory basis, then further requirements apply under OSHA’s Respiratory Protection Standard, 29 CFR 1910.134.  Note that OSHA issued a temporary relief notice for fit-testing of N95 respirators on April 8, 2020: “Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in All Industries During the Coronavirus Disease 2019 (COVID-19) Pandemic.” While this notice does allow OSHA field offices enforcement discretion regarding the initial and annual fit-testing requirements it is predicated on a “good-faith efforts to comply with the requirements of the Respiratory Protection standard,” and specifically requires compliance with all other aspects of the standard.

For assistance in reviewing your organization’s policies regarding use of masks in the workplace contact Jack Welsch at jwelsch@gs-legal.com