On Wednesday, June 10, 2020, the Department of Labor's Occupational Safety and Health Administration (OSHA) released a series of FAQs regarding the use of face coverings in the workplace due to COVID-19. This includes cloth coverings, surgical masks, and respirators.
The information is the most recent guidance from OSHA addressing protective measures for workplaces during the pandemic and takes into account that as many workers may be wearing masks in the workplace for the first time.
The new FAQs first address key differences between cloth face coverings, surgical masks, and respirators.
The OSHA guidance notes that cloth face coverings:
OSHA explains that surgical masks:
Regarding respirators, the OSHA guidance states that these devices:
OSHA points out that employers are not required to provide cloth face coverings, but can do so in order to help facilitate controlling the spread of COVID-19 in their workplaces. The agency’s guidance explains that an employer can have workers use cloth face coverings "as a means of source control" when the risk of transmission can’t be controlled by enforcing social distancing, using physical barriers, or through other methods.
An article from the law firm Littler LLP points out that,
“OSHA further reminds employers that the General Duty Clause under the Occupational Safety and Health Act requires each employer to furnish a place of employment free from recognized hazards that are likely to cause death or serious physical harm. Therefore, employers may decide to use a combination of engineering controls, administrative controls, as well as safe work practices such as social distancing and cloth face coverings (when actual PPE is not required for the particular working conditions). OSHA states that it ‘generally recommends that employers encourage workers to wear face coverings at work’ particularly to help wearers who are asymptomatic or pre-symptomatic from spreading the virus.”
Regarding the question as to whether employers are required to provide face covering for employees, OSHA’s recent guidance states that,
“Cloth face coverings are not considered personal protective equipment (PPE) and are not intended to be used when workers need PPE for protection against exposure to occupational hazards. As such, OSHA's PPE standards do not require employers to provide them.”
However, the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, requires that each employer furnish each employee,
“[E]mployment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Control measures may include a combination of engineering and administrative controls, safe work practices like social distancing, and PPE.”
OSHA notes, too, that cloth face coverings are not a substitute for other practices such as social distancing measures.
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