(c) Use of individual
respiratory protection equipment.
(1) If the
licensee or registrant uses respiratory protection equipment to limit intakes
pursuant to K.A.R. 28-35-212g(b), the following conditions shall apply.
(A) Except as provided in K.A.R.
28-35-212g(c)(1)(B), the licensee or registrant shall use only respiratory
protection equipment that is tested and certified or had certification extended
by the national institute for occupational safety and health and the mine
safety and health administration (NIOSH/MSHA).
(B) If the licensee or registrant wishes to
use equipment that has not been tested or certified by the NIOSH/MSHA or has
not had certification extended by the NIOSH/MSHA, or for which there is no
schedule for testing extended by the NIOSH/MSHA, or for which there is no
schedule for testing or certification, the licensee or registrant shall submit
an application for authorized use of that equipment, including a demonstration
by testing, or a demonstration on the basis of reliable test information, that
the material and performance characteristics of the equipment are capable of
providing the proposed degree of protection under anticipated conditions of
use.
(C) The licensee or
registrant shall implement and maintain a respiratory protection program that
includes:
(i) air sampling sufficient to
identify the potential hazard, permit proper equipment selection, and estimate
exposures;
(ii) surveys and
bioassays, as appropriate, to evaluate actual intakes;
(iii) testing of respirators for operability
immediately prior to each use;
(iv) written procedures regarding selection,
fitting, issuance, maintenance, and testing of respirators, including testing
for operability immediately prior to each use; supervision and training of
personnel; monitoring, including air sampling and bioassays; and recordkeeping;
and
(v) determination by a
physician prior to initial fitting of respirators, and at least every 12 months
thereafter, that the individual user is physically able to use the respiratory
protection equipment.
(D) The licensee or registrant shall issue a
written policy statement on respirator usage covering:
(i) the use of process or other engineering
controls, instead of respirators;
(ii) routine, nonroutine, and emergency use
of respirators; and
(iii) length
of periods of respirator use and relief from respirator use.
(E) The licensee or registrant
shall advise each respirator user that the user may leave the area at any time
for relief from respirator use in the event of equipment malfunction, physical
or psychological distress, procedural or communication failure, significant
deterioration of operating conditions, or any other conditions that might
require such relief; and
(F) the
licensee or registrant shall use respiratory protection equipment within the
equipment manufacturer's expressed limitations for type and mode of use and
shall provide proper visual, communication, and other special capabilities,
such as adequate skin protection, when needed.
(2) When estimating exposure of individuals
to airborne radioactive materials, the licensee or registrant may make
allowance for respiratory protection equipment used to limit intakes pursuant
to K.A.R. 28-35-212g(b), provided that the following conditions, in addition to
those in K.A.R. 28-35-212g(c)(1), are satisfied.
(A)
(i) The
licensee or registrant shall select respiratory protection equipment that
provides a protection factor, specified in appendix A protection factor for
registrant published in "Kansas Department of Health and Environment Appendices
to Part 4: Standards for Protection Against Radiation," effective April, 1994,
greater than the multiple by which peak concentrations of airborne radioactive
materials in the working area are expected to exceed the values specified in
appendix B, table I, column 3 published in "Kansas Department of Health and
Environment Appendixes to Part 4 Standards for Protection Against Radiation,"
effective April, 1994. However, if the selection of respiratory protection
equipment with a protection factor greater than the peak concentration is
inconsistent with the goal specified in K.A.R. 28-35-212g(b) of keeping the
total effective dose equivalent ALARA, the licensee or registrant may select
respiratory protection equipment with a lower protection factor provided that
such a selection would result in a total effective dose equivalent that is
ALARA.
(ii) The concentration of
radioactive material in the air that is inhaled when respirators are worn may
be initially estimated by dividing the average concentration in air, during
each period of uninterrupted use, by the protection factor. If the exposure is
later found to be greater than initially estimated, the corrected value shall
be used; if the exposure is later found to be less than initially estimated,
the corrected value may be used.
(B) The licensee or registrant shall obtain
authorization from the department before assigning respiratory protection
factors in excess of those specified in K.A.R. 28-35-232a appendix A. The
department may authorize a licensee or registrant to use higher protection
factors on receipt of an application that:
(i) describes the situation for which a need
exists for higher protection factors; and
(ii) demonstrates that the respiratory
protection equipment provides these higher protection factors under the
proposed conditions of use.
(3) In an emergency, the licensee or
registrant shall use as emergency equipment only respiratory protection
equipment that has been specifically certified or had certification extended
for emergency use by the NIOSH/MSHA.
(4) The licensee or registrant shall notify
the department in writing at least 30 days before the date that respiratory
protection equipment is first used pursuant to either K.A.R. 28-35-212g(1) or
(2).