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Helping Employers Meet New Regulatory Compliance Responsibilities

 

Many lawyers, regulatory compliance and occupational safety experts believe the provision of face masks by employers to their employees may be fraught with a variety of unforeseen legal, regulatory and insurance obligations, exposures, risks and costs.  Prudence dictates that these are best addressed upfront.  Further, OSHA's “general duty clause” requires employers to provide their employees with a safe workplace free of hazards.  Strong arguments are being made that by furnishing face masks to their employees which are required to be worn, an “administrative control” measure is being undertaken that triggers certain OSHA compliance responsibilities re: personal protective equipment (PPE).  Further, recently enacted legislation, executive orders and regulatory actions make COVID-19 an illness that's covered under workers' compensation in many states.  With this in mind, employers are well-advised to develop a clear face mask policy and require the exclusive use of a “company standard” face mask with some degree of protection for the wearer − theStay Safer PRN95+ Protective Face Mask has many features that make it distinctively different that any other reusable fabric face mask.

 

For further discussion on this topic, click here and go to page 44 of The Definitive Employer Guide to Purchasing Face Masks... .