OSHA’s ‘THE RESPIRATORY STANDARD’

‘Inspection Procedures for the Respiratory Standard’
[link to www.osha.gov (secure)]

———According to OSHA’s own ‘Respiratory-Standard’
Respiratory Protection Program - Paragraph (c) (CPL pg.8)
“A written respiratory protection program is required when necessary to protect the health of the employee from workplace air contaminants ****or when the employer requires the use of respirators.”****
Also see: Appendix A “Respiratory Use Requirements flow-chart’ pg. A-1

The masks people are being forced to wear, -meet the definition of a non-niosh approved ‘Filtering Face-Piece Respirator’ in both Federal OSHA 29 CFR 1910.134(b)3, and State Title 8 Section 5144(definitions), as well as OSHA’s own ‘Inspection Procedures for the Respiratory-Standard’ manual...
CPL 02-00-158 IX(b)3 (CPL pg. 7)
“A ‘Filtering facepiece’ (dust mask) means a negative pressure particulate respirator with a filter as an integral part of the facepiece, ******or with the entire facepiece composed of the filtering medium......” ********

Furthermore, in the same ‘CPL inspection-procedures’ manual they make it explicitly clear....
-IX(c)3(a) paragraphs 3 and 4 (CPL pg. 11)
“(3)Some manufacturers market unapproved respirators as “face masks” or by using other terminology. ***These are still considered respirators.....”****
“(4)If unapproved respirators are **required to be used by the employer**, then by definition they cannot be considered ‘voluntary-use’ and a citation of 1910.134(d)(1)(ii) shall be cited as **serious.”

——As if that was not enough, I present...
“Standard Interpretaions/Filtering facepiece respirators and medical evaluations”
Dated: April 24, 2018. From: Mr. Kevin Cochran
See here:
[link to www.osha.gov (secure)]

Coronavirus(s) are not a free-pass’ to ‘The Respiratory Standard’ as made clear in this situation specific ‘Enforcement Memo’ originally found here...
[link to www.osha.gov (secure)] but appears to have been scrubbed or moved.
Enforcement Memos/ Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic April 16, 2020
MEMORANDUM FOR: REGIONAL ADMINISTRATORS STATE PLAN DESIGNEE
FROM: PATRICK J. KAPUST, Acting Director Directorate of Enforcement Programs
SCOTT KETCHAM, Director Directorate of Construction

I have the original in .pdf if interested.
—The essence of that memo is that IF an employer can show a good-faith effort that they were actually trying to comply with the Standard, however because of the lockdowns ect, could not fulfill their obligations under the Standard -due to circumstances out of their control, THEN the enforcement officer could use his/her discretion in wether or not to cite the employer for a violation. I.E. certification company temporarily closed for lockdown but employer has call records and/or emails showing they had made the good faith effort to comply with the Standard.

—Cal OSHA has shown complete dereliction of duty and zero will to enforce the Regulations under their Jurisdiction to protect the occupational health and safety of millions of California employee’s as they apply here.

——-Astoundingly, Cal OSHA doubled down on this betrayal taking it a step further.... attempting to use Emergency Powers to amend the California Title 8 Section 5144 Respiratory Protection Regulations to effectively ‘rubber-stamp’ as somehow now ok, all of the covid-19 ‘rules’ that violate long-ago enacted, already existing Law.

Cal OSHA is in violation of it’s Federal Charter obligations.
—When a State signs on as a Charter Member of the Federal OSHA, they may write their own version of Regulations governing occupational health and safety, however they must include all the same subject matter and be just as strict as The Federal OSHA Standard, or more strict. Never can a State Charter relax, or ‘walk-back’ an established safety standard.

—Clearly this is the aim, or at least effect, of the emergency amendment to Ca. Section 5144

I have beed damaged by Cal OSHA as well as Federal OSHA due to their lack of enforcement of ‘The Respiratory Standard’
The Respiratory Standard is existing LAW, and is in place to protect employees.

I am seeking Legal counsel to sue Federal OSHA for damages as well as get an injunction on these illegal ‘mask requirments’ ect.