People who have been denied access to retail stores/businesses can fight back by providing a complaint letter. I am not giving legal advise here, Nor do I claim to know anything about the law. I am stating for every one to do their OWN RESEARCH on any and all legal matters. The following is for information purposes only.
At any rate, the Commonwealth/State laws must not be violated by the Executive Order mandating wearing Face Masks. The Medical Exemption of the EO automatically exempts EVERYONE from wearing a Face Mask. The Face Mask itself is a health hazard. Restricting your ability to breathe and forcing one to inhale their own exhale creates a medical condition. Below I have provided some, but not all of the OSHA regulations that exist and are not being publicized. The Commonwealth/State Executive Orders are ALL very similar. In addition, the Commonwealth/State codes or laws are ALL very similar as well. The Commonwealth/State laws or codes MUST align with the Federal Codes. From this a Cease and Desist letter with an accompanying complaint letter will cause the retail management to respond through their attorney. Give them ten to fourteen day to respond. If the retail store has cost you embarrassment, humiliation, frustration, and other psychological pain, there are legal grounds for you to act. The first rule is to always avoid going to court. Try to arbitrate a compromise.
OSHA Face Mask Regulations
Every business with employees is subject to the U.S. Department of Labor Occupational Safety and Health Act and is required to know employer obligations regarding health and safety. OSHA’s General Duty Clause requires employers to maintain safe workplaces free from known hazards that can cause injury, illness or death. Employers that fall under the oversight of the General Duty Clause must comply with all the safety and health standards listed in the Occupational Safety and Health Act. Since it is [Retail company name] policy for its employees to wear face masks, it must comply with OSHA rules and regulations. https://yourbusiness.azcentral.com/companies-required-meet-osha-regulations-2788.html [Retail company name] may be in violation of OSHA regulations regarding face masks/respirators and therefore liable to injury/disability lawsuits. There are some small business exemptions from OSHA reporting, however the exemption does not apply if a workplace incident causes the death or hospitalization or if OSHA specifically asks the employer to keep such records. OSHA defines the term “respirator” as Personal Protection Equipment (PPE) and regarding the face mask guidelines, it most often refers to the N95 face mask. OSHA has issued COVID-19 guidelines that pertain to these respirators.
OSHA does not consider cloth face coverings (whether homemade or commercially produced) to be Personal Protection equipment (PPE). This does not exempt [Retail company name] from liability to injury as a result of this policy. Cloth face coverings don’t protect employees from airborne infectious agents because of their loose fit and lack of seal or adequate filtration. https://www.osha.gov/SLTC/covid-19/covid-19-faq.html
Furthermore, OSHA references that the CDC reported that more research is needed on the scope of their protection and filtration levels. https://ohsonline.com/articles/2020/11/19/osha-updates-faq-to-include-comment-on-cloth-face-masks.aspx
The OSHA “General Rule” states employers must create a workplace from perceived risks that are causing or are probably going to make demise, or genuine physical damage his representatives.
This provision thereto specifies that every business should follow word related well-being and well-being measures proclaimed under OSHA.
29 CFR 1910.146 Paragraph (d)(2)(iii) of the Respiratory Protection Standard states extensively its rationale for requiring that employees breathe air consisting of at least 19.5 percent oxygen. The following excerpt taken from the OSHA preamble and explains the basis for this requirement:
“Human beings must breathe oxygen . . . to survive, and begin to suffer adverse health effects when the oxygen level of their breathing air drops below [19.5 percent oxygen]. Below 19.5 percent oxygen . . . , air is considered oxygen-deficient. At concentrations of 16 to 19.5 percent, workers engaged in any form of exertion can rapidly become symptomatic as their tissues fail to obtain the oxygen necessary to function properly (Rom, W., Environmental and Occupational Medicine, 2nd ed.; Little, Brown; Boston, 1992). Increased breathing rates, accelerated heartbeat, and impaired thinking or coordination occur more quickly in an oxygen-deficient environment. Even a momentary loss of coordination may be devastating to a worker if it occurs while the worker is performing a potentially dangerous activity, such as climbing a ladder. Concentrations of 12 to 16 percent oxygen cause tachypnea (increased breathing rates), tachycardia (accelerated heartbeat), and impaired attention, thinking, and coordination (e.g., Ex. 25-4), even in people who are resting.
At oxygen levels of 10 to 14 percent, faulty judgment, intermittent respiration, and exhaustion can be expected even with minimal exertion (Exs. 25-4 and 150). Breathing air containing 6 to 10 percent oxygen results in nausea, vomiting, lethargic movements, and perhaps unconsciousness. Breathing air containing less than 6 percent oxygen produces convulsions, then apnea (cessation of breathing), followed by cardiac standstill. These symptoms occur immediately. Even if a worker survives the hypoxic insult, organs may show evidence of hypoxic damage, which may be irreversible (Exs. 25-4 and 150; also reported in Rom, W. [see reference in previous paragraph]). https://www.osha.gov/laws-regs/federalregister/1998-01-08
OSHA further states the following: “In some cases, respirator use itself can cause illness and injury to employees. There are a number of physiological burdens that are associated with the use of certain types of respirators. The weight of the respirator, breathing resistances during both normal operation and if the air-purifying element is overloaded, and rebreathing exhaled air from respirator "dead space" can all increase the physiologic burden of respirator use (Exs. 113, 22-1, 64-427). Job and workplace conditions, such as the length of time a respirator must be worn, the level of physical exertion required of a respirator user, and environmental conditions, can also affect the physiological burden (Exs. 113, 64-363). In addition, workers who wear glasses or hearing aids may have problems achieving appropriate fit with some respirator face pieces.” https://www.osha.gov/laws-regs/federalregister/1998-01-08
Atmospheric air contains 20.95% oxygen. OSHA has provided regulations when wearing a respirator and state when the oxygen content drops below 19.5%, it is harmful to the human body. A 19.5% oxygen content is only a 1.45% drop in oxygen from atmospheric O2 content.
(post is archived)