In March 2020, N95 supply shortages hit healthcare personnel as COVID-19 spread. OSHA issued a temporary enforcement memorandum exercising discretion on the annual fit-testing requirement of the Respiratory Protection standard (29 CFR 1910.134(f)(2)) so that scarce respirators would not be consumed by destructive fit-test protocols.
The discretion came with a full list of conditions. Employers had to demonstrate good-faith efforts to comply with the Respiratory Protection standard, use only NIOSH-certified respirators, and implement CDC/OSHA supply optimization strategies. They had to conduct initial fit tests with the specific make and model workers would actually wear, inform workers that annual fit testing was temporarily suspended, teach proper user seal check procedures at each donning, retest any worker with observable physical changes affecting fit, and maintain all other requirements of the standard, including training, maintenance, and care.
OSHA stressed that initial fit testing is essential to determine whether the respirator properly fits and delivers its expected protection (29 CFR 1910.134(d)(1)(ii)). Workers also had to visually inspect their respirators for structural integrity degradation and understand that facial changes can compromise the seal. The guidance took effect March 14, 2020 and applied until further notice; it has since been archived as historical policy, so employers should not rely on it for current compliance.