Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Permissible practice.
(1) In the control of those occupational
diseases caused by breathing air contaminated with harmful dusts, fogs, fumes,
mists, gases, smokes, sprays, or vapors, the primary objective shall be to
prevent atmospheric contamination. This shall be accomplished as far as
feasible by accepted engineering control measures (for example, enclosure or
confinement of the operation, general and local ventilation, and substitution
of less toxic materials). When effective engineering controls are not feasible,
or while they are being instituted, appropriate respirators shall be used
pursuant to this section.
(2)
Respirators shall be provided by the employer when such equipment is necessary
to protect the health of the employee. The employer shall provide the
respirators which are applicable and suitable for the purpose intended. The
employer shall be responsible for the establishment and maintenance of a
respiratory protection program which shall include the requirements outlined in
subsection (c).
(b)
Definitions. The following definitions are important terms used in the
respiratory protection standard in this section.
Air-purifying respirator means a respirator with an
air-purifying filter, cartridge, or canister that removes specific air
contaminants by passing ambient air through the air-purifying element.
Assigned protection factor (APF) means the workplace
level of respiratory protection that a respirator or class of respirators is
expected to provide to employees when the employer implements a continuing,
effective respiratory protection program as specified by this section.
Atmosphere-supplying respirator means a respirator that
supplies the respirator user with breathing air from a source independent of
the ambient atmosphere, and includes supplied-air respirators (SARs) and
self-contained breathing apparatus (SCBA) units.
Canister or cartridge means a container with a filter,
sorbent, or catalyst, or combination of these items, which removes specific
contaminants from the air passed through the container.
Demand respirator means an atmosphere-supplying
respirator that admits breathing air to the facepiece only when a negative
pressure is created inside the facepiece by inhalation.
Emergency situation means any occurrence such as, but
not limited to, equipment failure, rupture of containers, or failure of control
equipment that may or does result in an uncontrolled significant release of an
airborne contaminant.
Employee exposure means exposure to a concentration of
an airborne contaminant that would occur if the employee were not using
respiratory protection.
End-of-service-life indicator (ESLI) means a system
that warns the respirator user of the approach of the end of adequate
respiratory protection, for example, that the sorbent is approaching saturation
or is no longer effective.
Escape-only respirator means a respirator intended to
be used only for emergency exit.
Filter or air purifying element means a component used
in respirators to remove solid or liquid aerosols from the inspired air.
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.
Fit factor means a quantitative estimate of the fit of
a particular respirator to a specific individual, and typically estimates the
ratio of the concentration of a substance in ambient air to its concentration
inside the respirator when worn.
Fit test means the use of a protocol to qualitatively
or quantitatively evaluate the fit of a respirator on an individual. (See also
Qualitative fit test QLFT and Quantitative fit test QNFT.)
Helmet means a rigid respiratory inlet covering that
also provides head protection against impact and penetration.
High efficiency particulate air (HEPA) filter means a
filter that is at least 99.97% efficient in removing monodisperse particles of
0.3 micrometers in diameter. The equivalent NIOSH 42 CFR 84 particulate filters
are the N100, R100, and P100 filters.
Hood means a respiratory inlet covering that completely
covers the head and neck and may also cover portions of the shoulders and
torso.
Immediately dangerous to life or health (IDLH) means an
atmosphere that poses an immediate threat to life, would cause irreversible
adverse health effects, or would impair an individual's ability to escape from
a dangerous atmosphere.
Interior structural firefighting means the physical
activity of fire suppression, rescue or both, inside of buildings or enclosed
structures which are involved in a fire situation beyond the incipient stage.
(See Article 10.1)
Loose-fitting facepiece means a respiratory inlet
covering that is designed to form a partial seal with the face.
Maximum use concentration (MUC) means the maximum
atmospheric concentration of a hazardous substance from which an employee can
be expected to be protected when wearing a respirator, and is determined by the
assigned protection factor of the respirator or class of respirators and the
exposure limit of the hazardous substance. The MUC can be determined
mathematically by multiplying the assigned protection factor specified for a
respirator by the required OSHA permissible exposure limit, short-term exposure
limit, or ceiling limit. When no OSHA exposure limit is available for a
hazardous substance, an employer must determine an MUC on the basis of relevant
available information and informed professional judgment.
Negative pressure respirator (tight fitting) means a
respirator in which the air pressure inside the facepiece is negative during
inhalation with respect to the ambient air pressure outside the
respirator.
Oxygen deficient atmosphere means an atmosphere with an
oxygen content below 19.5% by volume.
Physician or other licensed health care professional
(PLHCP) means an individual whose legally permitted scope or practice (i.e.,
license, registration, or certification) allows him or her to independently
provide, or be delegated the responsibility to provide, some or all of the
health care services required by subsection (e).
Positive pressure respirator means a respirator in
which the pressure inside the respiratory inlet covering exceeds the ambient
air pressure outside the respirator.
Powered air-purifying respirator (PAPR) means an
air-purifying respirator that uses a blower to force the ambient air through
air-purifying elements to the inlet covering.
Pressure demand respirator means a positive pressure
atmosphere-supplying respirator that admits breathing air to the facepiece when
the positive pressure is reduced inside the facepiece by inhalation.
Qualitative fit test (QLFT) means a pass/fail fit test
to assess the adequacy of respirator fit that relies on the individual's
response to the test agent.
Quantitative fit test (QNFT) means an assessment of the
adequacy of respirator fit by numerically measuring the amount of leakage into
the respirator.
Respiratory inlet covering means that portion of a
respirator that forms the protective barrier between the user's respiratory
tract and an air-purifying device or breathing air source, or both. It may be a
facepiece, helmet, hood, suit, or a mouthpiece respirator with nose
clamp.
Self-contained breathing apparatus (SCBA) means an
atmosphere-supplying respirator for which the breathing air source is designed
to be carried by the user.
Service life means the period of time that a
respirator, filter or sorbent, or other respiratory equipment provides adequate
protection to the wearer.
Supplied-air respirator (SAR) or airline respirator
means an atmosphere-supplying respirator for which the source of breathing air
is not designed to be carried by the user.
Tight-fitting facepiece means a respiratory inlet
covering that forms a complete seal with the face.
User seal check means an action conducted by the
respirator user to determine if the respirator is properly seated to the
face.
(c) Respiratory
protection program. This subsection requires the employer to develop and
implement a written respiratory protection program with required
worksite-specific procedures and elements for required respirator use. The
program must be administered by a suitably trained program administrator. In
addition, certain program elements may be required for voluntary use to prevent
potential hazards associated with the use of the respirator. The Small Entity
Compliance Guide contains criteria for the selection of a program administrator
and a sample program that meets the requirements of this subsection. Copies of
the Small Entity Compliance Guide will be available from the Occupational
Safety and Health Administration's Office of Publications, Room N 3101, 200
Constitution Avenue, NW, Washington, DC, 20210 (202-219-4667).
(1) In any workplace where respirators are
necessary to protect the health of the employee or whenever respirators are
required by the employer, the employer shall establish and implement a written
respiratory protection program with worksite-specific procedures. The program
shall be updated as necessary to reflect those changes in workplace conditions
that affect respirator use. The employer shall include in the program the
following provisions, as applicable:
(A)
Procedures for selecting respirators for use in the workplace;
(B) Medical evaluations of employees required
to use respirators;
(C) Fit testing
procedures for tight-fitting respirators;
(D) Procedures for proper use of respirators
in routine and reasonably foreseeable emergency situations;
(E) Procedures and schedules for cleaning,
disinfecting, storing, inspecting, repairing, discarding, and otherwise
maintaining respirators;
(F)
Procedures to ensure adequate air quality, quantity, and flow of breathing air
for atmosphere-supplying respirators;
(G) Training of employees in the respiratory
hazards to which they are potentially exposed during routine and emergency
situations;
(H) Training of
employees in the proper use of respirators, including putting on and removing
them, any limitations on their use, and their maintenance; and
(I) Procedures for regularly evaluating the
effectiveness of the program.
(2) Where respirator use is not required:
(A) An employer may provide respirators at
the request of employees or permit employees to use their own respirators, if
the employer determines that such respirator use will not in itself create a
hazard. If the employer determines that any voluntary respirator use is
permissible, the employer shall provide the respirator users with the
information contained in Appendix D to this section ("Information for Employees
Using Respirators When Not Required Under the Standard"); and
(B) In addition, the employer must establish
and implement those elements of a written respiratory protection program
necessary to ensure that any employee using a respirator voluntarily is
medically able to use that respirator, and that the respirator is cleaned,
stored, and maintained so that its use does not present a health hazard to the
user. Exception: Employers are not required to include in a written respiratory
protection program those employees whose only use of respirators involves the
voluntary use of filtering facepieces (dust masks).
(3) The employer shall designate a program
administrator who is qualified by appropriate training or experience that is
commensurate with the complexity of the program to administer or oversee the
respiratory protection program and conduct the required evaluations of program
effectiveness.
(4) The employer
shall provide respirators, training, and medical evaluations at no cost to the
employee.
(d) Selection
of respirators. This subsection requires the employer to evaluate respiratory
hazard(s) in the workplace, identify relevant workplace and user factors, and
base respirator selection on these factors. The subsection also specifies
appropriately protective respirators for use in IDLH atmospheres, and limits
the selection and use of air-purifying respirators.
(1) General requirements.
(A) The employer shall select and provide an
appropriate respirator based on the respiratory hazard(s) to which the worker
is exposed and workplace and user factors that affect respirator performance
and reliability.
(B) The employer
shall select a NIOSH-certified respirator. The respirator shall be used in
compliance with the conditions of its certification.
(C) The employer shall identify and evaluate
the respiratory hazard(s) in the workplace; this evaluation shall include a
reasonable estimate of employee exposures to respiratory hazard(s) and an
identification of the contaminant's chemical state and physical form. Where the
employer cannot identify or reasonably estimate the employee exposure, the
employer shall consider the atmosphere to be IDLH.
(D) The employer shall select respirators
from a sufficient number of respirator models and sizes so that the respirator
is acceptable to, and correctly fits, the user.
(2) Respirators for IDLH atmospheres.
(A) The employer shall provide the following
respirators for employee use in IDLH atmospheres:
1. A full facepiece pressure demand SCBA
certified by NIOSH for a minimum service life of thirty minutes, or
2. A combination full facepiece pressure
demand supplied-air respirator (SAR) with auxiliary self-contained air
supply.
(B) Respirators
provided only for escape from IDLH atmospheres shall be NIOSH-certified for
escape from the atmosphere in which they will be used.
(C) All oxygen-deficient atmospheres shall be
considered IDLH.
EXCEPTION: If the employer demonstrates that, under all
foreseeable conditions, the oxygen concentration can be maintained within the
ranges specified in Table II (i.e., for the altitudes set out in the table),
then any atmosphere-supplying respirator may be
used.
(3)
Respirators for atmospheres that are not IDLH.
(A) The employer shall provide a respirator
that is adequate to protect the health of the employee and ensure compliance
with all other OSHA statutory and regulatory requirements, under routine and
reasonably foreseeable emergency situations.
1. Assigned Protection Factors (APFs)
Employers must use the assigned protection factors listed in Table 1 to select
a respirator that meets or exceeds the required level of employee protection.
When using a combination respirator (e.g., airline respirators with an
air-purifying filter), employers must ensure that the assigned protection
factor is appropriate to the mode of operation in which the respirator is being
used.
Table 1.--Assigned Protection
Factors5
| Type of respirator
1,2 | Quarter
mask | Half mask | | Full facepiece | Helmet/hood | | Loosefitting
facepiece |
| 1. | Air-Purifying
Respirator.......................... |
5 | 3
10 | | | 50 | | .......... | | | .......... |
| 2. | Powered Air-Purifying Respirator
(PAPR).......................... | | 50 | | | 1,000 | | 4
25/1,000 | | | 25 |
| 3. | Supplied-Air Respirator (SAR) or
Airline Respirator |
|
|
|
|
|
|
|
|
|
|
|
| Demand
mode.......................... | ....... | 10 |
|
| 50 |
| .......... |
|
| .......... |
|
| Continuous flow
mode.......................... | ....... | 50 |
|
| 1,000 |
| 4 25/1,000 |
|
| 25 |
|
| Pressure-demand or other
positive-pressure
mode.......................... | ....... | 50 |
|
| 1,000 |
| .......... |
|
| .......... |
| 4. | Self-Contained Breathing Apparatus
(SCBA) |
|
|
|
|
|
|
|
|
|
|
|
| Demand
mode.......................... | ....... | 10 |
|
| 50 |
| 50 |
|
| .......... |
|
| Pressure-demand or other
positive-pressure mode (e.g., open/closed
circuit)........................... | ....... | ....... |
|
| 10,000 |
| 10,000 |
|
| .......... |
| Notes: |
| 1. Employers may select respirators
assigned for use in higher workplace concentrations of a hazardous substance
for use at lower concentrations of that substance, or when required respirator
use is independent of concentration. |
| 2. The assigned protection factors
in Table 1 are only effective when the employer implements a continuing,
effective respirator program as required by this section, including training,
fit testing, maintenance, and use requirements. |
| 3. This APF category includes
filtering facepieces, and half masks with elastomeric facepieces. |
| 4. The employer must have evidence
provided by the respirator manufacturer that testing of these respirators
demonstrates performance at a level of protection of 1,000 or greater to
receive an APF of 1,000. This level of performance can best be demonstrated by
performing a Workplace Protection Factor (WPF) or simulated WPF study or
equivalent testing. Absent such testing, all other PAPRs and SARs with
helmets/hoods are to be treated as loose-fitting facepiece respirators, and
receive an APF of 25. |
| 5. These APFs do not apply to
respirators used solely for escape. For escape respirators used in association
with substances covered by substance-specific standards in Title 8, Division 1,
Chapter 4, Subchapters 4, 7, and 18, employers must refer to the appropriate
substance-specific standards. Escape respirators for other IDLH atmospheres are
specified by subsection (d)(2)(B). |
2. Maximum Use Concentration (MUC)
a. The employer must select a respirator for
employee use that maintains the employee's exposure to the hazardous substance,
when measured outside the respirator, at or below the MUC.
b. Employers must not apply MUCs to
conditions that are immediately dangerous to life or health (IDLH); instead,
they must use respirators listed for IDLH conditions in subsection (d)(2) of
this section.
c. When the
calculated MUC exceeds the IDLH level for a hazardous substance, or the
performance limits of the cartridge or canister, then employers must set the
maximum MUC at that lower limit.
(B) The respirator selected shall be
appropriate for the chemical state and physical form of the
contaminant.
(C) For protection
against gases and vapors, the employer shall provide:
1. An atmosphere-supplying respirator,
or
2. An air-purifying respirator,
provided that:
a. The respirator is equipped
with an end-of-service-life indicator (ESLI) certified by NIOSH for the
contaminant; or
b. If there is no
ESLI appropriate for conditions in the employer's workplace, the employer
implements a change schedule for canisters and cartridges that is based on
objective information or data that will ensure that canisters and cartridges
are changed before the end of their service life. The employer shall describe
in the respirator program the information and data relied upon and the basis
for the canister and cartridge change schedule and the basis for reliance on
the data.
(D)
For protection against particulates, the employer shall provide:
1. An atmosphere-supplying respirator;
or
2. An air-purifying respirator
equipped with a filter certified by NIOSH under 30 CFR part 11 as a high
efficiency particulate air (HEPA) filter, or an air-purifying respirator
equipped with a filter certified for particulates by NIOSH under 42 CFR part 84
; or
3. For contaminants consisting
primarily of particles with mass median aerodynamic diameters (MMAD) of at
least 2 micrometers, an air-purifying respirator equipped with any filter
certified for particulates by NIOSH.
Table I--Assigned Protection Factors
[Reserved]Table II
| Altitude (ft.) | Oxygen deficient Atmospheres (% O2)
for which the employer may rely on atmosphere-supplying
respirators |
| Less than 3,001 | | 16.0-19.5 |
| 3.001-4,000 |
| 16.4-19.5 |
| 4,001-5,000 |
| 17.1-19.5 |
| 5,001-6,000 |
| 17.8-19.5 |
| 6,001-7,000 |
| 18.5-19.5 |
| 7,001-8,0001 |
| 19.3-19.5 |
1 Above 8,000 feet the exception does not apply.
Oxygen-enriched breathing air must be supplied above 14,000
feet.
(e) Medical evaluation. Using a respirator
may place a physiological burden on employees that varies with the type of
respirator worn, the job and workplace conditions in which the respirator is
used, and the medical status of the employee. Accordingly, this subsection
specifies the minimum requirements for medical evaluation that employers must
implement to determine the employee's ability to use a respirator.
(1) General. The employer shall provide a
medical evaluation to determine the employee's ability to use a respirator,
before the employee is fit tested or required to use the respirator in the
workplace. The employer may discontinue an employee's medical evaluations when
the employee is no longer required to use a respirator.
(2) Medical evaluation procedures.
(A) The employer shall identify a physician
or other licensed health care professional (PLHCP) to perform medical
evaluations using a medical questionnaire or an initial medical examination
that obtains the same information as the medical questionnaire.
(B) The medical evaluation shall obtain the
information requested by the questionnaire in Sections
1 and
2, Part A of Appendix C.
EXCEPTION to subsection (e)(2)(B): For the use of
filtering facepiece respirators for protection against M. Tuberculosis only,
the employer may rely upon a medical evaluation completed prior to October 18,
2004, in meeting the requirement for initial medical evaluation, if that
evaluation meets the following conditions:
1. The evaluation consisted of a
questionnaire, medical examination, or both, evaluated or conducted by a PLHCP;
and
2. The employer obtained a
written statement from the evaluating PLHCP that the employee is medically able
to use a respirator.
(3) Follow-up medical examination.
(A) The employer shall ensure that a
follow-up medical examination is provided for an employee who gives a positive
response to any question among questions 1 through 8 in Section
2, Part A of Appendix C or whose
initial medical examination demonstrates the need for a follow-up medical
examination.
(B) The follow-up
medical examination shall include any medical tests, consultations, or
diagnostic procedures that the PLHCP deems necessary to make a final
determination.
(4)
Administration of the medical questionnaire and examinations.
(A) The medical questionnaire and
examinations shall be administered confidentially during the employee's normal
working hours or at a time and place convenient to the employee. The medical
questionnaire shall be administered in a manner that ensures that the employee
understands its content.
(B) The
employer shall provide the employee with an opportunity to discuss the
questionnaire and examination results with the PLHCP.
(5) Supplemental information for the PLHCP.
(A) The following information must be
provided to the PLHCP before the PLHCP makes a recommendation concerning an
employee's ability to use a respirator:
1.
The type and weight of the respirator to be used by the employee;
2. The duration and frequency of respirator
use (including use for rescue and escape);
3. The expected physical work
effort;
4. Additional protective
clothing and equipment to be worn; and
5. Temperature and humidity extremes that may
be encountered.
(B) Any
supplemental information provided previously to the PLHCP regarding an employee
need not be provided for a subsequent medical evaluation if the information and
the PLHCP remain the same.
(C) The
employer shall provide the PLHCP with a copy of the written respiratory
protection program and a copy of this section.
Note to Subsection (e)(5)(C): When the employer
replaces a PLHCP, the employer must ensure that the new PLHCP obtains this
information, either by providing the documents directly to the PLHCP or having
the documents transferred from the former PLHCP to the new PLHCP. However, OSHA
does not expect employers to have employees medically reevaluated solely
because a new PLHCP has been selected.
(6) Medical determination. In determining the
employee's ability to use a respirator, the employer shall:
(A) Obtain a written recommendation regarding
the employee's ability to use the respirator from the PLHCP. The recommendation
shall provide only the following information:
1. Any limitations on respirator use related
to the medical condition of the employee, or relating to the workplace
conditions in which the respirator will be used, including whether or not the
employee is medically able to use the respirator;
2. The need, if any, for follow-up medical
evaluations; and
3. A statement
that the PLHCP has provided the employee with a copy of the PLHCP's written
recommendation.
(B) If
the respirator is a negative pressure respirator and the PLHCP finds a medical
condition that may place the employee's health at increased risk if the
respirator is used, the employer shall provide a PAPR if the PLHCP's medical
evaluation finds that the employee can use such a respirator; if a subsequent
medical evaluation finds that the employee is medically able to use a negative
pressure respirator, then the employer is no longer required to provide a
PAPR.
(7) Additional
medical evaluations. At a minimum, the employer shall provide additional
medical evaluations that comply with the requirements of this section if:
(A) An employee reports medical signs or
symptoms that are related to ability to use a respirator;
(B) A PLHCP, supervisor, or the respirator
program administrator informs the employer that an employee needs to be
reevaluated;
(C) Information from
the respiratory protection program, including observations made during fit
testing and program evaluation, indicates a need for employee reevaluation;
or
(D) A change occurs in workplace
conditions (e.g., physical work effort, protective clothing, temperature) that
may result in a substantial increase in the physiological burden placed on an
employee.
(f)
Fit testing. This subsection requires that, before an employee may be required
to use any respirator with a negative or positive pressure tight-fitting
facepiece, the employee must be fit tested with the same make, model, style,
and size of respirator that will be used. This subsection specifies the kinds
of fit tests allowed, the procedures for conducting them, and how the results
of the fit tests must be used.
(1) The
employer shall ensure that employees using a tight-fitting facepiece respirator
pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT)
as stated in this subsection.
(2)
The employer shall ensure that an employee using a tight-fitting facepiece
respirator is fit tested prior to initial use of the respirator, whenever a
different respirator facepiece (size, style, model or make) is used, and at
least annually thereafter.
(3) The
employer shall conduct an additional fit test whenever the employee reports, or
the employer, PLHCP, supervisor, or program administrator makes visual
observations of, changes in the employee's physical condition that could affect
respirator fit. Such conditions include, but are not limited to, facial
scarring, dental changes, cosmetic surgery, or an obvious change in body
weight.
(4) If after passing a QLFT
or QNFT, the employee subsequently notifies the employer, program
administrator, supervisor, or PLHCP that the fit of the respirator is
unacceptable, the employee shall be given a reasonable opportunity to select a
different respirator facepiece and to be retested.
(5) The fit test shall be administered using
an OSHA-accepted QLFT or QNFT protocol. The OSHA-accepted QLFT and QNFT
protocols and procedures are contained in Appendix A.
(6) QLFT may only be used to fit test
negative pressure air-purifying respirators that must achieve a fit factor of
100 or less.
(7) If the fit factor,
as determined through an OSHA-accepted QNFT protocol, is equal to or greater
than 100 for tight-fitting half facepieces, or equal to or greater than 500 for
tight-fitting full facepieces, the QNFT has been passed with that
respirator.
(8) Fit testing of
tight-fitting atmosphere-supplying respirators and tight-fitting powered
air-purifying respirators shall be accomplished by performing quantitative or
qualitative fit testing in the negative pressure mode, regardless of the mode
of operation (negative or positive pressure) that is used for respiratory
protection.
(A) Qualitative fit testing of
these respirators shall be accomplished by temporarily converting the
respirator user's actual facepiece into a negative pressure respirator with
appropriate filters, or by using an identical negative pressure air-purifying
respirator facepiece with the same sealing surfaces as a surrogate for the
atmosphere-supplying or powered air-purifying respirator facepiece.
(B) Quantitative fit testing of these
respirators shall be accomplished by modifying the facepiece to allow sampling
inside the facepiece in the breathing zone of the user, midway between the nose
and mouth. This requirement shall be accomplished by installing a permanent
sampling probe onto a surrogate facepiece, or by using a sampling adapter
designed to temporarily provide a means of sampling air from inside the
facepiece.
(C) Any modifications to
the respirator facepiece for fit testing shall be completely removed, and the
facepiece restored to NIOSH-approved configuration, before that facepiece can
be used in the workplace.
(g) Use of respirators. This subsection
requires employers to establish and implement procedures for the proper use of
respirators. These requirements include prohibiting conditions that may result
in facepiece seal leakage, preventing employees from removing respirators in
hazardous environments, taking actions to ensure continued effective respirator
operation throughout the work shift, and establishing procedures for the use of
respirators in IDLH atmospheres or in interior structural firefighting
situations.
(1) Facepiece seal protection.
(A) The employer shall not permit respirators
with tight-fitting facepieces to be worn by employees who have:
1. Facial hair that comes between the sealing
surface of the facepiece and the face or that interferes with valve function;
or
2. Any condition that interferes
with the face-to-facepiece seal or valve function.
(B) If an employee wears corrective glasses
or goggles or other personal protective equipment, the employer shall ensure
that such equipment is worn in a manner that does not interfere with the seal
of the facepiece to the face of the user.
(C) For all tight-fitting respirators, the
employer shall ensure that employees perform a user seal check each time they
put on the respirator using the procedures in Appendix B-1 or procedures
recommended by the respirator manufacturer that the employer demonstrates are
as effective as those in Appendix B-1.
(2) Continuing respirator effectiveness.
(A) Appropriate surveillance shall be
maintained of work area conditions and degree of employee exposure or stress.
When there is a change in work area conditions or degree of employee exposure
or stress that may affect respirator effectiveness, the employer shall
reevaluate the continued effectiveness of the respirator.
(B) The employer shall ensure that employees
leave the respirator use area:
1. To wash
their faces and respirator facepieces as necessary to prevent eye or skin
irritation associated with respirator use; or
2. If they detect vapor or gas breakthrough,
changes in breathing resistance, or leakage of the facepiece; or
3. To replace the respirator or the filter,
cartridge, or canister elements.
(C) If the employee detects vapor or gas
breakthrough, changes in breathing resistance, or leakage of the facepiece, the
employer must replace or repair the respirator before allowing the employee to
return to the work area.
(3) Procedures for IDLH atmospheres. For all
IDLH atmospheres, the employer shall ensure that:
(A) One employee or, when needed, more than
one employee is located outside the IDLH atmosphere;
(B) Visual, voice, or signal line
communication is maintained between the employee(s) in the IDLH atmosphere and
the employee(s) located outside the IDLH atmosphere;
(C) The employee(s) located outside the IDLH
atmosphere are trained and equipped to provide effective emergency
rescue;
(D) The employer or
designee is notified before the employee(s) located outside the IDLH atmosphere
enter the IDLH atmosphere to provide emergency rescue;
(E) The employer or designee authorized to do
so by the employer, once notified, provides necessary assistance appropriate to
the situation;
(F) Employee(s)
located outside the IDLH atmospheres are equipped with:
1. Pressure demand or other positive pressure
SCBAs, or a pressure demand or other positive pressure supplied-air respirator
with auxiliary SBA; and either
2.
Appropriate retrieval equipment for removing the employee(s) who enter(s) these
hazardous atmospheres where retrieval equipment would contribute to the rescue
of the employee(s) and would not increase the overall risk resulting from
entry; or
3. Equivalent means for
rescue where retrieval equipment is not required under subsection
(g)(3)(F)2.
(4)
Procedures for interior structural firefighting. In addition to the
requirements set forth under subsection (g)(3), in interior structural fires,
the employer shall ensure that:
(A) At least
two employees enter the IDLH atmosphere and remain in visual or voice contact
with one another at all times;
(B)
At least two employees are located outside the IDLH atmosphere; and
(C) All employees engaged in interior
structural firefighting use SCBAs.
Note 1 to subsection (g): One of the two individuals
located outside the IDLH atmosphere may be assigned to an additional role, such
as incident commander in charge of the emergency or safety officer, so long as
this individual is able to perform assistance or rescue activities without
jeopardizing the safety or health of any firefighter working at the
incident.
Note 2 to subsection (g): Nothing in this section is
meant to preclude firefighters from performing emergency rescue activities
before an entire team has assembled.
(h) Maintenance and care of respirators. This
subsection requires the employer to provide for the cleaning and disinfecting,
storage, inspection, and repair of respirators used by employees.
(1) Cleaning and disinfecting. The employer
shall provide each respirator user with a respirator that is clean, sanitary,
and in good working order. The employer shall ensure that respirators are
cleaned and disinfected using the procedures in Appendix B-2, or procedures
recommended by the respirator manufacturer, provided that such procedures are
of equivalent effectiveness. The respirators shall be cleaned and disinfected
at the following intervals:
(A) Respirators
issued for the exclusive use of an employee shall be cleaned and disinfected as
often as necessary to be maintained in a sanitary condition;
(B) Respirators issued to more than one
employee shall be cleaned and disinfected before being worn by different
individuals;
(C) Respirators
maintained for emergency use shall be cleaned and disinfected after each use;
and
(D) Respirators used in fit
testing and training shall be cleaned and disinfected after each
use.
(2) Storage. The
employer shall ensure that respirators are stored as follows:
(A) All respirators shall be stored to
protect them from damage, contamination, dust, sunlight, extreme temperatures,
excessive moisture, and damaging chemicals, and they shall be packed or stored
to prevent deformation of the facepiece and exhalation valve.
(B) In addition to the requirements of
subsection (h)(2)(A), emergency respirators shall be:
1. Kept accessible to the work
area;
2. Stored in compartments or
in covers that are clearly marked as containing emergency respirators;
and
3. Stored in accordance with
any applicable manufacturer instructions.
(3) Inspection.
(A) The employer shall ensure that
respirators are inspected as follows:
1. All
respirators used in routine situations shall be inspected before each use and
during cleaning;
2. All respirators
maintained for use in emergency situations shall be inspected at least monthly
and in accordance with the manufacturer's recommendations, and shall be checked
for proper function before and after each use; and
3. Emergency escape-only respirators shall be
inspected before being carried into the workplace for use.
(B) The employer shall ensure that respirator
inspections include the following:
1. A check
of respirator function, tightness of connections, and the condition of the
various parts including, but not limited to, the facepiece, head straps,
valves, connecting tube, and cartridges, canisters or filters; and
2. A check of elastomeric parts for
pliability and signs of deterioration.
(C) In addition to the requirements of
subsections (h)(3)(A) and (B), self-contained breathing apparatus shall be
inspected monthly. Air and oxygen cylinders shall be maintained in a fully
charged state and shall be recharged when the pressure falls to 90% of the
manufacturer's recommended pressure level. The employer shall determine that
the regulator and warning devices function properly.
(D) For respirators maintained for emergency
use, the employer shall:
1. Certify the
respirator by documenting the date the inspection was performed, the name (or
signature) of the person who made the inspection, the findings, required
remedial action, and a serial number or other means of identifying the
inspected respirator; and
2.
Provide this information on a tag or label that is attached to the storage
compartment for the respirator, is kept with the respirator, or is included in
inspection reports stored as paper or electronic files. This information shall
be maintained until replaced following a subsequent
certification.
(4) Repairs. The employer shall ensure that
respirators that fail an inspection or are otherwise found to be defective are
removed from service, and are discarded or repaired or adjusted in accordance
with the following procedures:
(A) Repairs or
adjustments to respirators are to be made only by persons appropriately trained
to perform such operations and shall use only the respirator manufacturer's
NIOSH-approved parts designed for the respirator;
(B) Repairs shall be made according to the
manufacturer's recommendations and specifications for the type and extent of
repairs to be performed; and
(C)
Reducing and admission valves, regulators, and alarms shall be adjusted or
repaired only by the manufacturer or a technician trained by the
manufacturer.
(i) Breathing air quality and use. This
subsection requires the employer to provide employees using
atmosphere-supplying respirators (supplied-air and SCBA) with breathing gases
of high purity.
(1) The employer shall ensure
that compressed air, compressed oxygen, liquid air, and liquid oxygen used for
respiration accords with the following specifications:
(A) Compressed and liquid oxygen shall meet
the United States Pharmacopoeia requirements for medical or breathing oxygen;
and
(B) Compressed breathing air
shall meet at least the requirements for Grade D breathing air described in
ANSI/Compressed Gas Association Commodity Specification for Air, G-7.1-1989, to
include:
1. Oxygen content (v/v) of
19.5-23.5%;
2. Hydrocarbon
(condensed) content of 5 milligrams per cubic meter of air or less;
3. Carbon monoxide (CO) content of 10 ppm or
less;
4. Carbon dioxide content of
1,000 ppm or less; and
5. Lack of
noticeable odor.
(2) The employer shall ensure that compressed
oxygen is not used in atmosphere-supplying respirators that have previously
used compressed air.
(3) The
employer shall ensure that oxygen concentrations greater than 23.5% are used
only in equipment designed for oxygen service or distribution.
(4) The employer shall ensure that cylinders
used to supply breathing air to respirators meet the following requirements:
(A) Cylinders are tested and maintained as
prescribed in the Shipping Container Specification Regulations of the
Department of Transportation ( 49 CFR part 180);
(B) Cylinders of purchased breathing air have
a certificate of analysis from the supplier that the breathing air meets the
requirements for Grade D breathing air; and
(C) The moisture content in the cylinder does
not exceed a dew point of -50 deg. F (-45.6 deg. C) at 1 atmosphere
pressure.
(D) The employer shall
use only the respirator manufacturer's NIOSH approved breathing-gas containers,
marked and maintained in accordance with the Quality Assurance provisions of
the NIOSH approval for the SCBA as issued in accordance with the NIOSH
respirator-certification standard at 42 CFR part 84.
(5) The employer shall ensure that
compressors used to supply breathing air to respirators are constructed and
situated so as to:
(A) Prevent entry of
contaminated air into the air-supply system;
(B) Minimize moisture content so that the dew
point at 1 atmosphere pressure is 10 degrees F (-5.56 deg. C) below the ambient
temperature;
(C) Have suitable
in-line air-purifying sorbent beds and filters to further ensure breathing air
quality. Sorbent beds and filters shall be maintained and replaced or
refurbished periodically following the manufacturer's instructions.
(D) Have a tag containing the most recent
change date and the signature of the person authorized by the employer to
perform the change. The tag shall be maintained at the
compressor.
(6) For
compressors that are not oil-lubricated, the employer shall ensure that carbon
monoxide levels in the breathing air do not exceed 10 ppm.
(7) For oil lubricated compressors, the
employer shall use a high-temperature or carbon monoxide alarm, or both, to
monitor carbon monoxide levels. If only high-temperature alarms are used, the
air supply shall be monitored at intervals sufficient to prevent carbon
monoxide in the breathing air from exceeding 10 ppm.
(8) The employer shall ensure that breathing
air couplings are incompatible with outlets for nonrespirable worksite air or
other gas systems. No asphyxiating substance shall be introduced into breathing
air lines.
(9) The employer shall
use breathing gas containers marked in accordance with the NIOSH respirator
certification standard, 42 CFR part 84.
(j) Identification of filters, cartridges,
and canisters. The employer shall ensure that all filters, cartridges and
canisters used in the workplace are labeled and color coded with the NIOSH
approval label and that the label is not removed and remains legible.
(k) Training and information. This subsection
requires the employer to provide effective training to employees who are
required to use respirators. The training must be comprehensive,
understandable, and recur annually, and more often if necessary. This
subsection also requires the employer to provide the basic information on
respirators in Appendix D to employees who wear respirators when not required
by this section or by the employer to do so.
(1) The employer shall ensure that each
employee can demonstrate knowledge of at least the following:
(A) Why the respirator is necessary and how
improper fit, usage, or maintenance can compromise the protective effect of the
respirator;
(B) What the
limitations and capabilities of the respirator are;
(C) How to use the respirator effectively in
emergency situations, including situations in which the respirator
malfunctions;
(D) How to inspect,
put on and remove, use, and check the seals of the respirator;
(E) What the procedures are for maintenance
and storage of the respirator;
(F)
How to recognize medical signs and symptoms that may limit or prevent the
effective use of respirators; and
(G) The general requirements of this
section.
(2) The training
shall be conducted in a manner that is understandable to the
employee.
(3) The employer shall
provide the training prior to requiring the employee to use a respirator in the
workplace.
(4) An employer who is
able to demonstrate that a new employee has received training withing the last
12 months that addresses the elements specified in subsection (k)(1)(A) through
(G) is not required to repeat such training provided that, as required by
subsection (k)(1), the employee can demonstrate knowledge of those element(s).
Previous training not repeated initially by the employer must be provided no
later than 12 months from the date of the previous training.
(5) Retraining shall be administered
annually, and when the following situations occur:
(A) Changes in the workplace or the type of
respirator render previous training obsolete;
(B) Inadequacies in the employee's knowledge
or use of the respirator indicate that the employee has not retained the
requisite understanding or skill; or
(C) Any other situation arises in which
retraining appears necessary to ensure safe respirator use.
(6) The basic advisory information on
respirators, as presented in Appendix D, shall be provided by the employer in
any written or oral format, to employees who wear respirators when such use is
not required by this section or by the employer.
(l) Program evaluation. This section requires
the employer to conduct evaluations of the workplace to ensure that the written
respiratory protection program is being properly implemented, and to consult
employees to ensure that they are using the respirators properly.
(1) The employer shall conduct evaluations of
the workplace as necessary to ensure that the provisions of the current written
program are being effectively implemented and that it continues to be
effective.
(2) The employer shall
regularly consult employees required to use respirators to assess the
employees' views on program effectiveness and to identify any problems. Any
problems that are identified during this assessment shall be corrected. Factors
to be assessed include, but are not limited to:
(A) Respirator fit (including the ability to
use the respirator without interfering with effective workplace
performance);
(B) Appropriate
respirator selection for the hazards to which the employee is
exposed;
(C) Proper respirator use
under the workplace conditions the employee encounters; and
(D) Proper respirator
maintenance.
(m) Recordkeeping. This section requires the
employer to establish and retain written information regarding medical
evaluations, fit testing, and the respirator program. This information will
facilitate employee involvement in the respirator program, assist the employer
in auditing the adequacy of the program, and provide a record for compliance
determinations by OSHA.
(1) Medical
evaluation. Records of medical evaluations required by this section must be
retained and made available in accordance with section
3204.
(2) Fit testing.
(A) The employer shall establish a record of
the qualitative and quantitative fit tests administered to an employee
including:
1. The name or identification of
the employee tested;
2. Type of fit
test performed;
3. Specific make,
model, style, and size of respirator tested;
4. Date of test; and
5. The pass/fail results for QLFTs or the fit
factor and strip chart recording or other recording of the test results for
QNFTs.
(B) Fit test
records shall be retained for respirator users until the next fit test is
administered.
(3) A
written copy of the current respirator program shall be retained by the
employer.
(4) Written materials
required to be retained under this subsection shall be made available upon
request to affected employees and to the Chief or designee for examination and
copying.
(n) Effective
date. Subsections (d)(3)(A)1 and (d)(3)(A)2 of this section become effective
March 6, 2007.
(o) Appendices.
Compliance with Appendix A, Appendix B-1, Appendix B-2, Appendix C, and
Appendix D is mandatory.
1.
Repealer and new section filed 7-12-74; effective thirtieth day thereafter
(Register 74, No. 28).
2. Amendment filed 7-27-77; effective
thirtieth day thereafter (Register 77, No. 31).
3. Amendment of
subsection (g) filed 9-14-78; effective thirtieth day thereafter (Register 78,
No. 37).
4. Amendment of subsection (e)(1) filed 5-25-79; effective
thirtieth day thereafter (Register 79, No. 21).
5. Amendment of
subsection (e)(1) filed 10-18-79; effective thirtieth day thereafter (Register
79, No. 42).
6. Amendment of subsection (d) filed 9-11-80; effective
thirtieth day thereafter (Register 80, No. 37).
7. Amendment of
subsection (f)(2) filed 7-8-85; effective thirtieth day thereafter (Register
85, No. 28).
8. HISTORY NOTE No. 7 omitted from Register 85, No. 28
due to printing plant error (Register 85, No. 38).
9. Amendment of
subsection (h) filed 3-20-95; operative 4-19-95 (Register 95, No.
12).
10. Amendment of subsection (e)(3) filed 6-29-95; operative
7-29-95 (Register 95, No. 26).
11. Renumbering of former section
5144 to section
5147 and new section filed 8-25-98;
operative 11-23-98 (Register 98, No. 35).
12. Change without
regulatory effect amending designator for subsection (e)(7) filed 3-15-99
pursuant to section
100, title 1, California Code of
Regulations (Register 2000, No. 4).
13. Editorial correction of
subsection (h)(4)(A) (Register 2002, No. 46).
14. New exceptions to
subsections (e)(2)(B) and (f)(2) filed 10-7-2004 as an emergency; operative
10-7-2004 (Register 2004, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-4-2005 or emergency language will be repealed by
operation of law on the following day.
15. Certificate of Compliance
as to 3-7-2005 order, including further amendment of exception to subsection
(e)(2)(B) and repealer of exception to subsection (f)(2), transmitted to OAL
1-21-2005 and filed 3-7-2005 (Register 2005, No. 10).
16. Amendment
of subsections (b), (d)(3)(A)1.-2. and (n) and repealer of subsections
(n)(1)-(3) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing
only pursuant to Labor Code section
142.3(a)(3)
(Register 2007, No. 10).
17. Amendment of subsection (i)(4)(A) and
new subsection (i)(4)(D) filed 1-18-2012; operative 1-18-2012 pursuant to Labor
Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2012, No. 3).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
