Employee Wears Respiratory Mask, but a Respiratory Mask is not required

M

Mike Smith

#1
I have a problem and was wondering what fellow professionals might do. The problem: We have a employee who wears a respiratory mask on the job although it is not required. We did internal air sampling and then showed the employee the results and he still refuses to get rid of the mask. He says if we make him get rid of it, he will quit. I am not sure I want this to happen because he is really a productive worker. I am aware of the OSHA requirements for lung capacity tests and fit testing by qualifed personnel. I am afraid if OSHA were to come in, we would get hit with violations for this even though it is not required. What would you do in this situation?
 
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ScottK

Not out of the crisis
Staff member
Super Moderator
#2
Re: Employee Wears Respiratory Mask, but not required

Is it a cartridge respirator or nuisance dust mask?

My first recommendation is call your regional OSHA office and talk to an agent. Don't be afraid to. I have many times and it has never resulted in an inspection. You can ask anonymously and not give your company name.

I suppose if the guy is a really good worker you might want to make an exception and let him wear what he wants...
just document your air sampling results and come up with some sort of document for the employee to sign that states that the use of a respirator is 100% his decision and that it is his responsibility to maintain it in accordance with OSHA regulations. Then hand him a copy of the regs and make him sign for them.
On the other hand... If he is not physically fit to wear a respirator your company would be accepting this unsafe practice on its property.
 
Last edited:

Jim Wynne

Staff member
Admin
#3
Re: Employee Wears Respiratory Mask, but not required

Mike Smith said:
I have a problem and was wondering what fellow professionals might do. The problem: We have a employee who wears a respiratory mask on the job although it is not required. We did internal air sampling and then showed the employee the results and he still refuses to get rid of the mask. He says if we make him get rid of it, he will quit. I am not sure I want this to happen because he is really a productive worker. I am aware of the OSHA requirements for lung capacity tests and fit testing by qualifed personnel. I am afraid if OSHA were to come in, we would get hit with violations for this even though it is not required. What would you do in this situation?
Are you saying that OSHA might cite you for violations that don't exist, because one employee insists on wearing a mask? Or that there are violations that OSHA might be made aware of because of the mask?

One thought: There are a lot of people pushing up daisies right now who were assured by their employers that environmental issues in the plant were nothing to worry about. Of course I'm not suggesting that this is the case with your employer, but you should be able to understand why some people might not be very trusting.
 

Doug Tropf

Quite Involved in Discussions
#4
Re: Employee Wears Respiratory Mask, but not required

The "Small Entity Compliance Guide for the Revised Respiratory Protection Standard" provides excellent guidance on the situation you have described. The guide can be copied off OSHA's web site - www.osha.gov.
 

Marc

Hunkered Down for the Duration with a Mask on...
Staff member
Admin
#5
Re: Employee Wears Respiratory Mask, but not required

Many people wear masks these days, even mowing the lawn. I do and the dust and larger particles of dirt, etc. shows it is very effective.

My question is - Is this scaring other employees or something like that?
 
M

Mike Smith

#6
It is the cartridge type respirator and yes it does scare other employees. They think he knows something they do not know. I have also had potential customers ask the same question? Why is this employee wearing a respirator? I then have to explain that it is not required. Then I wonder if they think we do not run a tight ship. It just creates problems when there should be none.
 

Jim Wynne

Staff member
Admin
#7
Re: Employee Wears Respiratory Mask, but not required

Doug Tropf said:
The "Small Entity Compliance Guide for the Revised Respiratory Protection Standard" provides excellent guidance on the situation you have described. The guide can be copied off OSHA's web site - www.osha.gov.

Here's a direct link: http://www.osha.gov/Publications/SECG_RPS/secg_rps.html

And here are some relevant questions and answers from the Guide:


(c)(2)


Q. In situations where employees choose to wear elastomeric respirators voluntarily, is a written respiratory program addressing medical evaluation, cleaning, disinfecting, storage and maintenance required?(FR p.1189)


A. Yes, the employer must have a written program that covers the
elements that could affect the health of any employee who wears this type of respirator.(FR p.1183)

(c)(2)(ii)


Q. Is a written respiratory protection program required for voluntary use of filtering facepieces?


A. No. The employer is obligated to determine that such respirator use will not itself create a hazard and to provide the respirator users with the information contained in Appendix D of the standard.

Q. If the employer has determined that no hazard exists, but an employee asks the employer for a respirator because a “smell” is bothersome, would this be considered “voluntary use”? If all the employees in the area wore a respirator, is this still voluntary use?


A. Yes, in both situations.


 

Wes Bucey

Quite Involved in Discussions
#8
Mike Smith said:
It is the cartridge type respirator and yes it does scare other employees. They think he knows something they do not know. I have also had potential customers ask the same question? Why is this employee wearing a respirator? I then have to explain that it is not required. Then I wonder if they think we do not run a tight ship. It just creates problems when there should be none.
I don't like to get accused of knee jerk psychoanalysis, but this behavior smacks of behavior of folks who line their caps with aluminum or copper foil. My hope is there is a better cause and solution.

This is a situation which could blow up in your face (in more ways than one!)

My suggestion is to require a full physical and mental checkup of the employee to determine fitness for work. Arbitrary dismissal "could" trigger a suit for failure to abide by "employees with disabilities" accommodation laws.

If and when the bill of health is clear, the problem may disappear.

There could be many valid reasons for an employee to justify this behavior, ranging from asthma, allergies, family history of emphesyma, etc. This may come out in the health screening and gain a result which could allay the fears of coworkers who feel they are being abused by being kept in the dark.

The kind of things that could bite you in the butt might be an employee who has an immunity deficiency as a result of some underlying physical malady, but who is loathe to disclose the underlying condition.

Bottom line:
This is a really complicated problem, not some simple "Do it my way or the highway!" judgment call, because of the potential repercussions for the organization.
 

Jim Wynne

Staff member
Admin
#9
Mike Smith said:
It is the cartridge type respirator and yes it does scare other employees. They think he knows something they do not know. I have also had potential customers ask the same question? Why is this employee wearing a respirator? I then have to explain that it is not required. Then I wonder if they think we do not run a tight ship. It just creates problems when there should be none.
You should tell him it's OK to wear the mask, but he has to wear one of these too. :biglaugh:
 

Jim Wynne

Staff member
Admin
#10
Wes Bucey said:
I don't like to get accused of knee jerk psychoanalysis, but this behavior smacks of behavior of folks who line their caps with aluminum or copper foil. My hope is there is a better cause and solution.
Ha! We posted at the same time.
 
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