Has OSHA changed its respiratory protection requirements for the construction industry due to COVID-19?

No. All OSHA requirements for respiratory protection in construction that were in place before the COVID-19 pandemic remain in place. Under OSHA’s Respiratory Protection Standard for construction (29 CFR 1926.103), employers must follow 29 CFR 1910.134 the general industry Respiratory Protection Standard.

Similarly, employers must continue to follow requirements in other OSHA standards, including those that require respiratory protection to protect workers from exposures to certain chemicals and other hazardous substances.

On April 3, 2020, OSHA had issued a memo that offered temporary enforcement discretion for periodic respiratory protection equipment shortages and associated constraints during the COVID-19 pandemic.

However, on July 7, 2021, the agency issued a memo stating, “Where respirator supplies and services are readily available, OSHA will cease to exercise enforcement discretion for temporary noncompliance with the Respiratory Protection Standard based on employers’ claims of supply shortages due to the COVID-19 pandemic ... As supplies of health and safety equipment have increased to meet the high demands of the peak stages of the pandemic, respiratory protection equipment and supplies shortages may no longer be a barrier to compliance.” OSHA rescinded the April 3, 2020, memo.