Skip to content
The COVID Project
  1. Library
  2. Federal labor and immigration agencies
  3. AGY-FED-LABOR-IMMIGRATION-015

Ex. AGY-FED-LABOR-IMMIGRATION-015 Order Primary source read

Memorandum, Temporary Enforcement Guidance - Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak (Mar. 14, 2020)

Temporary Enforcement Guidance - Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak

OSHA, Directorate of Enforcement Programs (Patrick J. Kapust, Acting Director), to Regional Administrators and State Plan Designees · United States Department of Labor, Occupational Safety and Health Administration (federal agency) (Federal)

The COVID Project

The record

Jurisdiction
United States Department of Labor, Occupational Safety and Health Administration (federal agency)
Level
Federal
Authority
29 U.S.C. 657, 658; Field Operations Manual
Issued
2020-03-14 Mar. 14, 2020
Effective
2020-03-14
End
Superseded by the July 6, 2021 rescission of COVID-19 enforcement memoranda for healthcare (per the ETS) and by the NEP; expanded to all industries Apr. 8, 2020 (Ex. 018) (read as 2021-07-06)
In force
Mar. 14, 2020 to July 6, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Health care ordersWorkplace rulesSupply chain
Addressees
  • OSHA Regional Administrators and State Plan Designees
  • healthcare employers subject to 29 C.F.R. 1910.134
Functions reached
  • IC infection control and respirator programs in hospitals, clinics, dental offices, long-term care
  • SC PPE supply (N95 shortage recited by the federal government)
  • HR training and fit-testing
Collection
Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

This memorandum provides temporary enforcement guidance... for enforcing the annual fit-testing requirements of the Respiratory Protection standard, 29 CFR 1910.134(f)(2), with regard to supply shortages of N95 filtering facepiece respirators... during the COVID-19 outbreak. (memorandum dated March 14, 2020)

Enforcement

OSHA citations under 29 U.S.C. 658 for 29 C.F.R. 1910.134 violations; the memorandum directs CSHOs to exercise discretion where employers make good-faith efforts

Notes

The first federal workplace instrument of the pandemic; a governmental recognition on March 14, 2020 that the N95 supply shortage prevented compliance with a binding standard.

Retrieval note

Guidance, stated as such.