Long Term Care Providers Undergoing OSHA Inspections

The Occupational Safety and Health Administration (OSHA) has been conducting inspections of nursing homes and assisted living facilities in New York State, and a common citation is a violation of the respiratory protection standard. OSHA published respiratory protection guidance last month targeted at long term care facilities during the COVID-19 pandemic. The guidance notes that "[w]henever respirators are required, employers must implement a written, worksite-specific respiratory protection program (RPP), including medical evaluation, fit testing, training, and other elements, as specified in OSHA’s Respiratory Protection standard." Although OSHA has temporarily allowed for some enforcement flexibility regarding respirators, in order for OSHA to exercise enforcement discretion, employers must demonstrate and document good-faith efforts to comply with OSHA standards, as described in various OSHA guidance documents.

Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8838