Termination of the June 1, 2020 Statement/May 6, 2021 Amendment Regarding Respiratory Protection Shortages and Reduced Availability of Respirator Fit Testing
On June 1, 2020, EPA issued a “Statement Regarding Respiratory Protection Shortages and Reduced Availability of Respirator Fit Testing Related to Pesticide Uses Covered by the Agricultural Worker Protection Standard during the COVID-19 Public Health Emergency” to provide guidance for agricultural employers and pesticide handlers seeking respiratory protection for use of pesticides in agricultural production. The “annual fit test delay” provision of the June 2020 memorandum, which was applicable to all NIOSH-approved respirators that require fit testing, was time-limited to 2020. Based on the continued challenges of the COVID-19 public health emergency, EPA amended the “annual fit test delay” option to extend that option until September 30, 2021. The remainder of the June 2020 memorandum remained valid and unrevised. Based on new information indicating that access to NIOSH-approved respirators, fit-testing supplies, and provisions of related services have improved as well as guidance issued by other federal agencies, EPA terminated applicability of the June 1, 2020 and May 6, 2021 amendment in their entirety, effective Thursday, August 19, 2021. Upon termination, EPA will revert to practices employed prior to the public health emergency.
It is important to note that neither the options in the June 2020 memorandum nor this amendment provided a waiver of regulations or label requirements. Handler employers and handlers were expected to make every effort to comply with all applicable pesticide product label and Worker Protection Standard requirements, and to exhaust all available compliance options before considering the options presented in June 2020 memorandum.