NV OSHA Issues A Second Guidance On N95/KN95 Masks

On January 25, 2022, Nevada’s Occupational Safety and Health Administration (NV OSHA) issued a second guidance to employers regarding the voluntary use by employees of N95/KN95 masks. This new guidance replaces the January 21st guidance on this topic.

The new guidance provides more information and clarification, but NV OSHA’s message seems to remain the same:

1. All employers should assess respiratory hazards in the workplace and take the steps necessary to protect employees. All employers are required to follow Nevada’s mask mandate.
2. If the employer determines that surgical masks or cloth masks are not sufficient to protect employees and that instead a KN95/N95 mask is needed (a filtering facepiece respirator), it must develop a written respiratory protection program and meet OSHA’s requirements for such a program.

3. If the employer determines that surgical or cloth masks are sufficient and that KN95/N95 masks are not needed, it can still permit employees to voluntarily use those masks but is not required to develop a written respiratory protection program. Instead, the only thing an employer must do is provide the employee voluntarily wearing the KN95/N95 mask with the information contained in Appendix D to the federal respirator regulation and document the employee’s receipt of such information.

Please contact a KZA attorney for more information about this issue or with any questions you have.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.