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Respiratory Protection, Fit Testing & Written Programs

If your workplace exceeds the permissible exposure limits of airborne contaminants (more on that here), there are a few items you should have in place, starting with a written respiratory protection program. If this isn’t something your own safety staff is comfortable putting together, you can outsource it to a third party. Spooner’s safety team is well-versed in helping develop these types of programs to help businesses remain compliant. Once the written program is finalized, you’ll need to select the appropriate respirator based on the type of exposure. After both of those tasks are complete, it’s time to schedule respirator fit testing.

Even though a pulmonary function test (PFT) is not always required by OSHA prior to wearing a respirator on the job, the medical provider performing the certification may require a PFT as part of the process. A PFT is required for employees wearing respirators for protection from asbestos, cotton dust, benzene, formaldehyde, silica and beryllium, to name a few.

Any employee planning on wearing a respirator at work will need to complete OSHA’s Respirator Questionnaire. Simply asking your employees to complete one prior to wearing a respirator isn’t sufficient - OSHA requires that a physician [or other licensed health care professional (PLHCP)] to review the questionnaire. How the form is completed is determined by the type of respirator worn, and certain responses may serve as a red flag that additional medical intervention may be necessary. The OSHA Respiratory questionnaire doesn’t need to be updated annually, unless certain requirements are met, such as an employee reporting new symptoms or changes in the work environment.  

Respirators used in the workplace need to be fitted to the individual employee. The fit process is fairly simple, and is done to ensure a tight seal on the employee’s face. The employee should bring their equipment to the clinic with them, or along to the onsite testing location if done at the worksite. The biggest hiccup that medical providers have during this process is the presence of facial hair on the worker being tested. Facial hair shouldn’t be present between the face and sealing surface. Some argue that there’s unclear language on this in the standard, but they’ve issued several letters of interpretation clarifying that an employer allowing workers to pass fit testing with interfering facial hair would be considered non-compliant. If you’re sending your staff to an occupational health clinic, don’t be surprised if they ask your employee to shave.

If you’re unsure if the airborne contaminants in your workplace exceed OSHA’s permissible limits, you should consider having air sampling performed. These can be performed by industrial hygienists, and Spooner can refer you to a number of great third party contractors for this.

The employer is responsible for ensuring the respirator itself doesn’t present a hazard, as well as instructing the employee on how to clean, maintain and store the apparatus – even in the case of an employee’s voluntary use of a respirator. Spooner’s Safety Team is here to help ensure your business is meeting the OSHA guidelines for respiratory protection, and we can also provide qualitative fit testing at your worksite. Please reach out to Derek Hill with any questions, or for additional help at: dhill@suretyhr.com.

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Rehashing the Complexities of Marijuana in the Workplace

Posted By Brandy King
February 02, 2026 Category: Medical Marijuana, Drugs In The Workplace, Marijuana Rescheduled, Marijuana Breathalyzer, Cannabix, Thc Breath Test

Toward the end of 2025, President Trump signed an executive order directing the U.S. Department of Justice (DOJ) to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. This is monumental in that it acknowledges that marijuana does, in fact, have valid clinical/medical uses and has low-to-moderate potential for abuse. Only four states in the U.S. still regard cannabis as being fully illegal, while another six allow only the cannabinoid CBD, which is known not to produce psychoactive effects. All other states have some version of legal or decriminalized marijuana, be it medical, recreational, or a combination of both. The first thing that’s important to note and is widely misunderstood is that this rescheduling does not legalize marijuana federally. As of January 28, 2026, Marijuana is still a Schedule I drug, since the Drug Enforcement Agency (DEA) has not yet finalized this rule. Once they do cement this change, there could be some wide-sweeping changes to drug testing. The Department of Health & Human Services (HHS) currently only allows testing for Scheduled I and II substances for federal and regulated drug-testing programs followed by DOT-regulated employees and other safety-sensitive positions. Truck drivers, pilots, transit operators, railroad employees, and pipeline workers are all currently subject to mandatory drug and alcohol testing, including marijuana. There has been talk of a

Unemployment Services with Spooner

Posted By Brandy King
February 02, 2026 Category: Ohio, Unemployment, Hr Outsourcing, Unemployment Claims, Fraud

If you haven’t considered trusting Spooner’s family of companies with managing your unemployment claims, maybe you’re not sure what it entails and how much time and hassle it could save. You may have also tried outsourcing this to another vendor in the past and found that their approach really didn’t save you much of anything. The team at Spooner Risk Control (which encompasses both Spooner Inc and SuretyHR) boasts over 15 years of experience managing unemployment claims, including an attorney that will represent your company at hearing. Many clients that are new to using our unemployment services have shared that past vendors still required them to log into their portal, submit all the responses and paperwork, then the vendor would send to the state. Our approach is to simply ask for the documentation, submit, and take care of everything. As an unemployment services client, you’d be asked to sign a third-party representation form that will allow any unemployment-related forms and letters to come directly to us so you’re not always the go-between. Here’s a run-down of the services you can expect as an Unemployment Services client: Monitor and report all new unemployment claims and notifications Submission of claims and responses after requesting information from the employer and submission of any rebuttals  File and submit appeals on any base period unemployment notifications or allowed claims File appeals to the

New E-Verify Requirement for Non-Residential Construction (HB 246)

Posted By Brandy King
February 02, 2026 Category: I 9, Immigration, E Verify, Construction, Ohio Hb 246

If you weren’t paying close attention, you may have missed the passage of Ohio’s House Bill 246, or the E-Verify Workforce Integrity Act. This will require all Ohio nonresidential contractors, subcontractors, and labor brokers to confirm employees’ work eligibility through the federal E-Verify program. Nonresidential construction is defined in HB 246 as: “…The construction or renovation of any building, highway, bridge, utility, or related infrastructure, but does not include any of the following: (1) An industrialized unit, manufactured home, or a residential building as defined in section 3781.06 of the Revised Code; (2) A building or structure that is incidental to the use of the land on which the building or structure is located for agricultural purposes as defined in section 3781.06 of the Revised Code; (3) A mobile home as defined in section 4501.01 of the Revised Code.” Included employers are expected to be fully compliant with the E-Verify requirement by March 19, 2026. There are currently no exceptions being made for small businesses or sole proprietors, and E-Verify is a free service.  Employers will enroll at www.e-verify.gov and create a new case for each new hire by entering info provided on their I-9 and should receive initial results in seconds. Once a final eligibility result is obtained, employers may close that employee’s case. The Act requires employers to maintain this verification record for three

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