Text For Citation: 01 Item/Group: 001B Hazard:

29 CFR 1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator. On or about August 23, 2024, the employer did not provide a medical evaluation program for employees who require the use of respirators in the workplace or use respirators in the workplace including the Benehal N95 Particulate Respirators. The employer requires employees to wear the respirators for tasks where they are entering the room of a resident who has tested positive for a communicable disease such as SARS?CoV?2 or COVID-19. Employees would enter the room to do a variety of tasks including but not limited to delivering medication or food to the employer and assisting the resident with other tasks that may expose them to illness through airborne routes of exposure.