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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations https www.cdc.gov/coronavirus/2019ncov/hcp/guidance-postmortemspecimens.html. CDC, December 2, 2020.
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G. Mini Respiratory Protection Program I. Introduction OSHA emphasizes that when respirators are required under the ETS
to protect employees against exposure to suspected or confirmed sources of COVID19, they must be used in accordance with the Respiratory Protection standard 29 CFR 1910.134.
Moreover, nothing in the ETS changes an employers obligation to identify hazards or provide a respirator that must be used in accordance with the Respiratory Protection standard for any other workplace hazard that might require respiratory protection e.g., silica, asbestos, airborne infectious
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agents such as Mycobacterium tuberculosis.
OSHAs Respiratory Protection standard requires employers to develop and implement a comprehensive written respiratory protection program, required worksite-specific procedures and elements that include, but are not limited to, respirator selection and use, medical evaluation, fit testing, respirator maintenance and care, and training.
Establishing such a program can take time to establish and require a level of expertise that some employers do not have, particularly if they are a covered healthcare employer that did not typically have respiratory hazards before COVID19 e.g., many employers in the home health care or nursing home sector. In such cases, these regulatory requirements may have unintentionally prevented employers from providing their employees with a higher level of respiratory protection than afforded by a facemask in circumstances where it may have been beneficial to do so.
The mini respiratory protection program section of the ETS 29 CFR
1910.504 is designed to strengthen employee protections with a small set of provisions for the safe use of respirators designed to be easier and faster to implement than the more comprehensive respiratory protection program. The ETS is addressing an emergency health crisis, so it is critical for employers to be able to get more employee protection in place quickly.
OSHA expects that this approach will facilitate additional employee choice for the additional protection provided by respirators while reducing disincentives that may have discouraged employers from allowing or voluntarily providing respirators. A mini respirator program is therefore an important control to protect employees from the hazard posed by COVID19.
The mini respiratory protection program section is primarily intended to be used for addressing circumstances where employees are not exposed to suspected or confirmed sources of COVID19, but where respirator use could offer enhanced protection to employees. Examples include when a respirator could offer enhanced protection in circumstances where a less protective in terms of filtering and fit facemask is required under the ETS.
See 29 CFR 1910.502f4. The decision to use a respirator in place of a facemask could be due to the higher filter efficiency and better sealing characteristics of respirators when compared to facemasks and/or in consideration of an employers determination during their hazard assessment of constraints on their
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