Customs and Border Protection agents at the border will be allowed to use face masks to guard against catching the swine flu, Department of Homeland Security officials said Thursday.

The statement came after local agents reported they were told earlier this week not to wear the protective masks, said Rep. Brian Bilbray, R-Solana Beach.

"The department has not issued guidance saying employees could not wear masks," said Amy Kudwa, a spokeswoman for the Department of Homeland Security in Washington. "The bottom line is our employees have among the most important jobs in the country and it is paramount that they be healthy and can do their duties."

Kudwa said the department would issue a directive Thursday clarifying that agents are allowed to wear the protective masks.

However, the president of the union representing border agents said no such directive had been issued.

"Local managers are refusing to allow employees to wear protective gear and that is unnecessarily putting them at risk," said Colleen Kelley, president of the union, in a written statement. "Employees want, need and deserve the immediate right to protect their health, if they choose."

Department of Homeland Security Secretary Janet Napolitano said in a televised interview Thursday morning that the department had not issued an order prohibiting its employees from wearing protective gear.

Bilbray said in a phone interview Thursday morning that the comments from the department appear to be a change from reports he received Wednesday. He said he welcomed the change, if it occurred.

"Maybe, what we've been able to do is pull the tiger's tail," Bilbray said. "What they said was that they did not want (Customs agents) to wear face masks because it would be intimidating."

A supervisor at the San Ysidro Port of Entry requested that agents refrain from wearing the face masks while conducting primary inspections unless they came into contact with someone who appeared to be sick, Bilbray said.

Kelley, the president of the National Treasury Employees Union, which represents border agents, said employees from several ports of entry have reported similar complaints. She said employees who have worn the masks have been told by supervisors to remove them.

She said the union also has asked the Department of Homeland Security to allow employees to take breaks to wash their hands. She said agents often come into close contact because they have to inspect documents, conduct pat-down searches or check boarding passes at airports.

"We think it's a health and a safety issue and that it should be at the officer's discretion" whether to wear a mask, Kelley said. "I think the public in general would like to see everyone err on the side of caution, and that's what I'm asking."

Staff writer Mark Walker and the Associated Press contributed to this story.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

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