The Occupational Safety & Health Administration (OSHA) has issued a new memorandum that provides temporary enforcement guidance concerning tight-fitting powered air-purifying respirators (PAPRs) used during the COVID-19 pandemic.

The memorandum outlines the new enforcement discretion policy that permits the use of National Institute for Occupational Safety and Health (NIOSH)-approved tight-fitting PAPRs for protection against the novel coronavirus.

There are a few caveats:

• Usage is only acceptable when initial and/or annual fit-testing is infeasible due to respirator and fit-testing supply shortages. 

• The guidance only applies to fit-testing of NIOSH-approved tight-fitting PAPRs used as a contingency capacity strategy when performing job tasks with high or very high occupational exposure risk to the novel coronavirus. An example of a tight-fitting PAPR is the elastomeric half-facepiece respirator, which can be cleaned, decontaminated and reused.

OSHA stated that will exercise enforcement discretion, on a case-by-case basis, when considering issuing citations in cases where the employer has:

• provided NIOSH-approved tight-fitting PAPRs to protect personnel against SARS-CoV-2 (the virus that causes COVID-19) using a high efficiency particulate cartridge or filter, when initial and/or annual fit-testing is infeasible due to shortages of N95, N99, N100, R95, R99, R100, P95, P99, and P100 respirators and/or fit-testing supplies;

• monitored fit-testing supplies and made good faith efforts to obtain fit-testing supplies;

• implemented, to the extent feasible, engineering controls, work practices, and/or administrative controls that reduce the need for respiratory protection, such as using partitions, restricting access, and cohorting patients; and

• maintained a fully-compliant respiratory protection program, other than fit-testing requirements, including ensuring personnel are informed of new policies and trained on new procedures, ensuring employees receive required medical evaluations, ensuring batteries and filters for PAPRs are well maintained to provide positive pressure throughout the entire shift or procedure, and ensuring employees wearing tight-fitting PAPRs maintain neatly trimmed facial hair that does not compromise the seal of the respirator or come between the sealing surface of the facepiece and the face, and that does not interfere with valve function.

The guidance does not apply to PAPRs that have not been approved by NIOSH; PAPRs used by any workers with low or medium exposure risk to SARS-CoV-2; PAPRs used by any workers for protection against airborne hazards other than SARS-CoV-2; and loose-fitting hooded PAPRs that do not require fit-testing.

The interim guidance takes effect immediately and remains in effect until further notice. It is intended to be time-limited to the current public health crisis.

While this temporary enforcement guidance does provide organizations with some flexibility concerning the usage of respirators and fit-testing supplies, organizations should only consider usage of NIOSH-approved tight-fitting PAPRs if absolutely necessary. As OSHA notes, where the above efforts are absent and respiratory protection use is required, or voluntary use is permitted, and an employer fails to comply with applicable medical evaluation, fit-testing, maintenance, care, and training requirements, an organization may face serious violations.