The COVID-19 pandemic has brought about near universal face mask use in indoor environments outside of the home. The Centers for Disease Control (CDC) and the Occupational Safety & Health Administration (OSHA) have guided the public and employees to wear “face coverings” that help prevent the transmission of the SARS-CoV-2 virus. The primary function of these face coverings is to arrest transmissible respiratory droplets generated during talking, coughing, breathing, etc.

Face Coverings, Masks and Respirators

Face coverings, such as surgical masks or fabric masks, may be loose fitting and provide some barrier protection for the wearer but do not effectively filter small particles in the viral-size range [The National Institute for Occupational Safety & Health (NIOSH), 2018]. Respirators, on the other hand, are specifically designed for personal respiratory protection – with a tight seal around the wearer’s face, where air is drawn through a filter medium.

While many types of respirators are available for use, OSHA specifies limited requirements only for negative-pressure Filtering Facepiece Respirators (FFRs). FFRs have been frequently discussed in the media recently and are commonly called dust masks or N-95 masks – referring to the NIOSH filter rating. The FFR is a type of respirator with the filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium. They are generally considered less burdensome to wear and often lack exhalation vents so that they may double as face covering.

N-95 masks are the most common respirator currently in use in the healthcare industry, as they protect against the inhalation of aerosols while also capturing the user’s respiratory droplets. If a respirator has an exhalation valve, it may be covered with fabric or a similar material to reduce the migration of respiratory droplets the user generates.

Voluntary Use Respirators

Although voluntary use of a respirator was not uncommon in many workplaces, it is more commonplace than ever now. It is often overlooked, but worthy of an OSHA citation when an  employer fails to meet the minimum requirements for voluntary respirator use. In the workplace, an employee may request to wear a respirator for additional protection on a voluntary basis. Whether the request is pandemic-related or not, this presents the employer with a situation that must be carefully considered.

To establish voluntary use, the employer must first determine that a respirator is indeed not required already and if there is a respiratory hazard that the employee is exposed to that requires a respirator. If potential respiratory hazards are identified, a personal exposure assessment should be performed by an industrial hygienist to determine if a respirator is required by OSHA.

If no respiratory hazards are identified, but the employee elects to use a respirator voluntarily, then the employer must determine what type of respirator is permitted for use. Voluntary respirator use requires an employer to meet certain requirements of the OSHA Respiratory Protection Standard. However, the employer’s requirements are much more limited for voluntary use of FFRs since their use is considered less physically challenging. All voluntary use is excluded from fit testing and annual training requirements. OSHA requirements for voluntary respirator use are summarized in the following:

Employer Requirements for Voluntary Respirator Usage: OSHA Respiratory Protection Standard (29 CFR 1910.134)

Filtering Facepiece Respirators

• Determine that the respirator will not create a hazard itself.
• Provide the respirator user with the information in Appendix D of the   Standard.

All Other Negative Pressure Respirators

• Requires some written elements of a Respirator Program and designation of a Program Administrator.
• Ensure that the employee is medically able to wear a respirator. Document medical evaluations.
• Develop written procedures and policies to ensure that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard.
• Determine that the respirator will not create a hazard itself.
• Provide the respirator user with the information in Appendix D of the Standard.

OSHA Guidance and Enforcement for Voluntary Respirator Use

OSHA has encouraged the voluntary use of respirators during the pandemic and employee-supplied PPE has been significant during any shortages experienced. Some safety managers, particularly in the healthcare         industry, were overwhelmed with the amount of PPE being brought into the workplace and were unable to keep pace with documentation during the peak of the crisis. Therefore, OSHA has granted compliance enforcement officers discretion on whether to issue a citation for certain Respiratory Standard violations. However, to be excused from a citation, an employer must display a good faith effort to comply with the Standard and demonstrate compliance with all of its other relevant aspects.

Ultimately, the employer will consider the circumstances of the voluntary use request and choose to allow or deny the request. However, during the pandemic it would likely be considered unwise to deny the voluntary use of respirators in the workplace. The employer is still bound to OSHA’s General Duty Clause to “provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.” OSHA has received thousands of COVID-19 related complaints in the last year.

On January 29, 2021, OSHA published a guidance document entitled, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. The document is focused on industries outside of healthcare and provides updated information on risk analysis and control measures – including  voluntary respirator use. [The document may be accessed on OSHA’s website at: https://www.osha.gov/coronavirus/safework]

Respiratory Protection Compliance and Consulting Services…from HETI

HETI’s Certified Industrial Hygienists and safety professionals are available to assist clients comply with OSHA’s Respiratory Protection Standard. Whether the need is for written programs, training, workplace exposure assessments, or simply addressing questions on compliance, we are here to help.