Cal/OSHA Covid Standard PPE Requirements

June 15, 2021

There's been significant confusion regarding recent updates to the Cal/OSHA’s Covid-19 standard. After controversial revisions on June 3rd, 2021, there was another round of changes approved June 17th by the Department of Industrial Relations Standards board, and made effective immediately by executive order.


The most confusion seems to be regarding (D) Personal protective equipment. 


To better understand Cal/OSHA’s convoluted and hasty attempts at regulating here, it helps to understand there are two broad categories of respirator use in the workplace. Side note: N95 filtering facepieces (aka: “N95 masks”) ARE respirators.


RESPIRATOR USE TYPES


Mandatory Respirator Use

Use of a respirator is required by the hazard or regulation. Employees must wear the respirator, they can’t choose not to. This has very comprehensive requirements that are explained in more depth in this article. But, in summary, the following requirements apply:

  • Written Program: The employer must have a comprehensive written respiratory program compliant with Cal/OSHA §5144(c)(1), and have an administrator in charge of the program.
  • Medical Approval: Required for all respirator users.
  • Training: Comprehensive training on respiratory protection and respirator use.
  • Fit Testing: Required for the specific model/size the employee is wearing at work.


Voluntary Respirator Use

Respirator use is optional for the employee. The employer has provided respirators for employees to use if they would like to (to feel more comfortable, to reduce levels of contamination that might be annoying but are not known to be harmful). Important point: You can't make a respirator situation "voluntary" just by decided you won't require respirators, it has to be justified that the risk is low enough to not require respirators.

  • Written Program: The employer should have a simple written respiratory program compliant with §5144(c)(2), and have an administrator in charge of the program.
  • Medical Approval: Medical approvals only for reusable elastomeric respirators (the rubber or silicone masks with filters on the side). No medical approval is required for filtering facepieces like “N95 masks.”
  • Training: Simple information on the basics of voluntary respirator use. With some minor modifications adding info on when voluntary use is most encouraged, you could make a handout or short training slide using Cal/OSHA appendix D. 
  • Fit Testing: Not required.


Now, in the past, voluntary programs were at the discretion of the employer, if they wanted to have one. What we’re seeing here in the Covid standard is Cal/OSHA mandating that employers implement a voluntary program, and make respirators available for certain employees that want one. This isn’t totally unprecedented, as they have a similar requirement for outdoor workers when there’s heavy wildfire smoke: employees don't have to wear the respirator, but the employers must make them available.


REGULATORY ANALYSIS
With this understanding, let’s get into the text of the recently approved regs, specifically  (E) Personal protective equipment. Regulation in black, Safewest commentary in color.

(D) Personal protective equipment.

1. Employers shall evaluate the need for personal protective equipment to prevent exposure to COVID-19 hazards, such as gloves, goggles, and face shields, and to  provide such personal protective equipment as needed.

This is safety 101; employers should always do an assessment of workplace hazards, and provide PPE if needed. A safety program that doesn't operate under this concept has far bigger problems that complying with the nuances of Cal/OSHA's revised Covid 19 standard.


2. Upon request, employers shall provide respirators for voluntary use in compliance with subsection 5144(c)(2) to all employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person.

This is referring to VOLUNTARY use. This requirement to provide a respirator only applies if all these conditions are met:

  • An employee it not vaccinated
  • That employee works indoors or rides in a vehicle with others
  • That employee wants a respirator


In this situation, the employer should make respirators available, and make sure they've had simple training on voluntary use. A written program is still required. A medical evaluation may be required (see the first section "RESPIRATOR USE TYPES"). A fit test is NOT required.


This may not be as burdensome as some employers assume...the vast majority of unvaccinated persons also don't think Covid-19 is a serious concern; they're not likely to want a respirator.


Whenever an employer makes respirators for voluntary use available, under this section or sections 3205.1 through 3205.4, the employer shall encourage their use and shall ensure that employees are provided with a respirator of the correct size.

This is very confusing (and Cal/OSHA is notorious for not providing written interpretations of convoluted standards)...it’s not clear how an employee shall ensure employees are provided with a respirator of the correct size without doing a fit test. However, fit testing is not and has never been required for voluntary respirator use. I think a good faith effort here would be to make sure you have a smaller size option if you have employees with smaller faces, or providing a single respirator model that fits a wide range of employee face sizes, and provide alternatives based on employee feedback.


3. Employers shall provide and ensure use of respirators in compliance with section 5144 when deemed necessary by the Division through the Issuance of Order to Take Special Action, in accordance with title 8, section 332.3.

This is referring to MANDATORY use, in scenarios where Cal/OSHA, under authority in 332.3, has told a specific employer or group of employers they need to have a respirator program. If this applied to your organization, you would almost certainly know it and already be dealing with Cal/OSHA.


4. Employers shall provide and ensure use of eye protection and respiratory protection in compliance with section 5144 when employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids. NOTE: Examples of work covered by subsection (c)(7)(D)4. include, but are not limited to, certain dental procedures and outpatient medical specialties not covered by section 5199.

This is referring to MANDATORY use, and applies primarily to medical clinics and certain research settings where employees are potentially exposed to aerosolized human body fluids. A more detailed hazard assessment is required for these industries, but if there is potential exposure, all the elements of a mandatory respirator program (written program, medical approvals, fit testing, and training, and all required annual renewals) must be implemented.


Need help? Safewest provides consulting, written program development, and onsite respiratory protection services including training and fit testing.

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By carlo December 28, 2024
Cal/OSHA's requirements for workplace respiratory protection can be found in Section 5144 of the California Code of Regulations. Any employer with tasks requiring employee respirator use needs to comply with these requirements, and employees must be medically approved, trained, and fit tested prior to using a respirator at work. Remember, you can't adequately protect employees unless you know what to protect them against, and how serious the potential exposure is. For this reason, a hazard assessment should be the first step before starting a respiratory protection program. You should determine what sort of respiratory hazards exist in the workplace. You have to consider the types and concentration of contaminants employees they might be exposed to. Always start by seeing if you can eliminate the need for respirator use by controlling the hazard some other way. If not, then your next step is to develop an appropriate workplace respirator program. This short guide explains the basics of respirator use in the workplace; always refer to the full OSHA standard when developing your program. Administrative Program Why: Without a formal plan, you cannot effectively implement and run a safety program. A written respiratory protection program identifies respiratory hazards, and details the steps you are taking to reduce these hazards, including employee respirator use. This program must be customized to your location. Your written program should summarize the results of your hazard assessment, and how respirators will be used in your workplace to keep employees safe. It should specify which positions or tasks require respirator use, what types of NIOSH-approved respirators are to be used, and how your company will provide required medical evaluations, fit testing and training for your employees. The program should also describe procedures for respirator use and maintenance, ongoing program evaluation, and who is in charge of overseeing the respirator program. Cal/OSHA §5144(c): "The employer shall ... develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator." Cal/OSHA §5144(f): "The employer shall ... provide for the cleaning and disinfecting, storage, inspection, and repair of respirators used by employees." Cal/OSHA §5144(g): "The employer shall ... establish and implement procedures for the proper use of respirators..." Medical Evaluation Why: Respirator use puts greater stress on the worker's body, especially the heart and lungs. A medical evaluation helps rule out any serious health problems that could be worsened by respirator use. Before wearing a respirator at work, employees are required to complete a health history questionnaire, which should be evaluated by a healthcare provider, who will give their approval for that employee to wear a respirator. Most employees will be approved right away, while others may need to provide additional information to the healthcare provider, have a more detailed evaluation, or have limitations on respirator use. Some companies will also require employees to have a physical evaluation, or a pulmonary function test. The medical evaluation should be renewed according to the recommendation of the healthcare provider issuing the approval (usually annually), or sooner if the employee has any health changes or problems that could affect their safe use of the respirator. Cal/OSHA §5144(e): "The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace." Employee Training Why: Workers need to know how the respirator works, how to use it correctly in the workplace and problems to watch out for. Employees should receive training on the capabilities and the limitations of the respirator, what tasks they should use the respirator for, how to inspect, put on, remove, and use the mask, procedures for maintenance (if applicable) and storage, recognition of the medical signs and the symptoms that may limit or prevent an employee’s effective use of a respirator, and the general requirements of the OSHA standard. Training should be renewed at least annually, or sooner if there are significant changes to the type of work being done, or the style of respirator used by the employee. Cal/OSHA §5144(k): "The employer shall ... provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary." Fit Testing Why: Every person's body is different, and employees need to make sure they are wearing a respirator that makes an adequate seal to their face. Employees should be fit tested to identify the specific make, model, style, and size of the respirator that is best suited for each employee, and check for problems with respirator condition, use, and donning procedure. There are different fit test methods required depending on the mask type and workplace contaminants. Fit testing should be renewed at least annually, or sooner if the employee has physical changes that could affect respirator fit, or experiences issues with the fit of their issued respirator. Cal/OSHA §5144(f): "...before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used." Together, the administrative program, medical evaluations, employee training, and fit testing form the core of an OSHA-compliant workplace respirator program. Safewest can assist employers with all required elements of a respiratory protection program. If you need help, or just want a few questions answered, contact us for a free consultation.
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OSHA’s respiratory protection standard leaves no ambiguity: tight-fitting respirators cannot be used with facial hair in the seal area of the facepiece. Non-compliance remains common, creating unnecessary risk to employee health, and exposing employers to OSHA penalties for worker noncompliance. What follows is a summary of the relevant regulations and guidance:
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