OSHA has released two memorandas outlining guidelines for respiratory protection during the current global pandemic. The first memorandum outlines enforcement discretion to permit extended use and reuse of respirators, along with using respirators that are beyond their manufacturer’s recommended shelf life. It provides specific guidance to healthcare personnel and workers exposed to respiratory hazards impacted by shortages of equipment due to COVID-19. Memorandum 2 provides guidance on the use of N95 respirators that are not approved by NIOSH if all of the provisions in memorandum 1 have been exhausted.

All employers are being asked to re-evaluate engineering and administrative controls to determine any changes that could reduce respiratory protection dependency. If respiratory protection is still necessary, employers should look for alternatives to N95 respirators that would provide the same or more protection. If an employer can demonstrate that all options under these guidelines were exhausted, then reuse or the use of expired N95s approved by NIOSH could be considered.

OSHA’s prioritization of product usage is as follows:

• NIOSH-certified equipment; then
• Equipment certified in accordance with standards of other countries or jurisdictions except the People’s Republic of China, unless equipment certified in accordance with standards of the People’s Republic of China is manufactured by a NIOSH certificate holder; then
• Equipment certified in accordance with standards of the People’s Republic of China, the manufacturer of which is not a NIOSH certificate holder; then
• Facemasks (e.g., medical masks, procedure masks).

There are some concerns by Industrial Hygiene professionals that OSHA does not offer guidance on enforcement for those non-healthcare companies that are following the recommendations of the Federal government to donate their supplies of N95 respirators. It is important for each employer to review the interim guidance and make a strong assessment of their respiratory protection needs.