COVID-19 Update: Job Loss and Respirator Shortages Continue

Unemployment rates hit another high and OSHA exercises discretion with respirator fit-testing requirements

April 13, 2020

Unemployment rates continue to rise with no end in sight
(updated on April 16)

A record 22 million Americans have filed for unemployment benefits over the past month, as the nation grapples with the unprecedented shutdown of the U.S. economy to contain the COVID-19 pandemic.

About 5.2 million people filed for unemployment benefits the week ending April 11, according to the U.S. Department of Labor. Jobless claims provide the best measure of layoffs across the country. Approximately 6.6 million Americans filed for unemployment benefit claims the previous week.

Forty-three states accounting for about 95% of the U.S. population are under stay-at-home orders, with offices, restaurants, stores, movie theaters, and other businesses closed or sharply scaled back. Airlines and hotels are empty as Americans avoid travel. These closures not only affect employees who directly work in these industries, but also contract workers who clean and maintain the facilities, resulting in a domino effect of job loss.

Financial experts forecast a total of 15 million to 20 million job losses by May, pushing the unemployment rate from 4.4% to 15%. They project 26 million layoffs and a 16% jobless rate over the next two months.

Fortunately, the claims don’t just represent permanent layoffs. About half of the 4 million people who lost their jobs in March reported they were temporarily laid off and will return to work once stay-at-home orders are lifted.

OSHA offers respirator guidance

If you’re a custodian or maintenance worker whose job sometimes requires wearing personal protective equipment such as respirators, you’ll need to know the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) has expanded temporary guidance regarding supply shortages of N95 masks or other filtering facepiece respirators due to the COVID-19 pandemic. This expanded guidance applies to all workplaces covered by OSHA where there is required respirator use.

In addition, OSHA field offices will exercise enforcement discretion concerning annual fit-testing requirements, as long as employers have made good-faith efforts to comply with the requirements of the Respiratory Protection standard, 29 CFR § 1910.134, and to follow the steps outlined in the March 14, 2020 memorandum. 

As the pandemic continues, employers should assess their work practices to identify any changes they can make to decrease the need for N95s or other respirators. Employers may also consider taking steps to temporarily suspend nonessential operations such as refinishing hardwood floors.

Regarding concerns about a shortage of fit-testing kits and test solutions, OSHA encourages employers to prioritize use of fit-testing equipment to protect employees who must use respirators for high-hazard procedures.

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