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OSHA issues guidance on cloth face coverings, surgical masks, respirators

July 2020 employment law letter
Authors: 
Julie E. O’Keefe, Armstrong Teasdale LLP

Since the COVID-19 pandemic started, employers have struggled to understand the Occupational Safety and Health Administration’s (OSHA) position on cloth face coverings and surgical masks, specifically whether the agency requires or recommends their use and whether they constitute personal protective equipment (PPE). Although the issues may seem trivial, employers want to know what their compliance obligations are. On June 10, the agency issued frequently asked questions (FAQs) and responses about the equipment. Some, but not all, questions were answered.

Cloth face masks

OSHA doesn’t consider cloth face coverings (whether homemade or commercially produced) to be PPE. They don’t protect employees from airborne infectious agents because of their loose fit and lack of seal or adequate filtration. Therefore, employers that require employees to wear them don’t have to comply with 29 CFR 1910.132. If an employer recommends or requires surgical masks or respirators to be worn, cloth face coverings aren’t an adequate substitute. They may be disposable or reusable with proper washing.

Are you required to provide cloth face coverings to employees? According to OSHA’s new guidance, the answer is no. But the answer also states you may choose to require cloth face coverings as part of a control plan designed to reduce COVID-19’s hazards.

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