The first memoranda gives employers relief to extend the use of National Institute for Occupational Safety and Health (NIOSH) – approved respirators and to permit reuse of them. The second memoranda allows employers in certain circumstances to use respirators approved by another country, where NIOSH-approved respirators are not available. Employers must exhaust all NIOSH-certified respirators prior to use non-NIOSH-certified respirators. You can read more details including the guidance on Littler’s website.
Be Prepared - OSHA Requirements for PPE
AHCA/NCAL has learned that some members and other health care entities are receiving letters from OSHA regarding lack of PPE. AHCA/NCAL has consulted with our outside consultants who recommend preparing a plan with the following information:
- If you are running low on PPE, follow the CDC guidance and guidance from your local health department.
- Have a plan in place that deals with potential exposure to COVID-19 for employees, for example, what happens if a staff member has respiratory or other symptoms indicative of COVID-19 or tests positive with COVID-19.
- Communicate this plan to all staff often and have it available for staff to review.
OSHA recordkeeping requirement at 29 CFR Part 1904 mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. While this requirement exempts recording of the common cold or flu, COVID-19 is a recordable illness when a worker is infected on the job if the following are met:
- Case is confirmed COVID-19
- The case is work-related as defined by 29 CFR 1904.5 and
- The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7
AHCA/NCAL Resources
- A form letter providers can fill in when responding to OSHA inquiries due to complaints regarding limited or unavailable PPE.
- A document on OSHA guidance when PPE is critically low or unavailable including steps providers can follow.
- An explanation of OSHA and CDC guidance on N95 respirators that are critically low or unavailable. This resource provides five options with guidance on what to do for a limited supply of N95 or other respirators to no N95 or other respirators available.
- A document with updated guidance from OSHA on employer recording and reporting requirements for COVID-19.
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