OSHA, MSHA, & FRA Regulation Highlights

Regulations

• 29 CFR 1910.134: Respiratory Protection
• 29 CFR 1910 Subpart Z: Toxic Substances
• 29 CFR 1910.1020: Toxic Substances: Access to employee exposure and medical records

Employer Responsibilities

• Use engineering controls as far as possible to prevent atmospheric contamination.
• Provide a suitable respirator to each employee where necessary.
• Establish and maintain a respiratory protection program.
• Appoint a trained program administrator.

Respiratory Program Elements

• Respirator selection procedures.
• Medical evaluations of employees required to use respirators.
• Fit testing for tight-fitting respirators.
• Respirator use procedures.
• Respirator maintenance procedures.
• Procedures to ensure air quality, quantity and flow for atmosphere-supplying respirators.
• Employee training in respiratory hazards.
• Employee training in respirator use and maintenance.
• Procedures for evaluating respiratory program effectiveness.
• Provide program, including equipment, at no cost to employees.

Respirator Selection

• Respirators for conditions Immediately Dangerous to Life and Health (IDLH) must have full faceplates and, if self-contained, have a service life of at least 30 minutes.
• Respirators must meet or exceed the Assigned Protection Factors (APFs) in 1910.134(d)(3)(i)(A).
• Respirators must be appropriate for chemical state and physical form of contaminant.
• Respirators for use against gasses and vapors must be atmosphere-supplying or air-purifying.
• Respirators for use against particulates must be atmosphere-supplying or air-purifying. If air-purifying, must have a HEPA filter (30 CFR part 11) or filter certified by NIOSH in 42 CFR part 84.

Medical Evaluation

• Employer must nominate a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a questionnaire or physical exam.
• The questionnaire or exam must obtain information in Sections 1 and 2, Part A of Appendix C of the regulation.
• Employer must provide a follow-up exam for an employee who gives a postive answer to questions 1-8 in Section 2, Part A of Appendix C.
• The evaluation must be confidential and administered during normal working hours or at a time and place convenient to employee.
• The following must be supplied to the PLHCP prior to recommendation:
  • Type and weight of respirator used by employee
  • Duration and frequency of use
  • Expected physical work effort
  • Additional clothing and equipment to be worn
  • Temperature and humidity extremes of work environment

Medical Determination

The PLHCP's recommendation to the employer must contain only the following:

• Limitations on respirator use
• Need for follow-up medical evaluations
• Statement that PLHCP has provided employee with copy of written recommendation

Additional Medical Evaluation

The employer must provide additional evaluations when:

• Employee reports medical signs or symptoms related to ability to use respirator
• PLHCP or supervisor or other administrator informs employer that employee needs to be reevaluated
• Respiratory program information, including observations during fit testing, indicates need for reevaluation
• Workplace conditions change, causing greater physiological burden

Fit Testing

• Before first use, employee must be fit tested with same make, model, style, and size as will be worn.
• Fit testing must be done annually or when any element of the respirator changes.
• Test must use OHSA-accepted qualitative or quantitative protocol.
• Qualitative testing may only be done on negative pressure air-purifying respirators that must achieve a fit factor of 100 or less.
• Passing fit factors for quantitative tests are 100 for tight-fitting half-faces and 500 for tight-fitting full-faces.
• Testing of tight-fitting atmosphere-supplying or air-purifying respirators may use either qualitative or quantitative methods by adapting respirator facepiece as appropriate.

Respirator Use

• Tight-fitting respirators may not be used when there is any condition that intereferes with seal or valve, including facial hair, glasses, or other personal protective equipment.
• Employees must perform a seal check each time equipment is worn.
• Employer must monitor work conditions and reevalute respirator requirements when conditions change.

Employees must be made to leave respirator area:

• To wash face and facepieces to prevent skin irritation.
• If they detect vapor or gas breakthrough, changes in breathing resistance or facepiece leakage.
• To replace filter, cartridge, or canister elements.

IDLH Procedures

• At least one employee must be located outside IDLH atmosphere.
• Communcation must be maintained between employees in and outside of IDLH atmosphere.
• Employees outside IDLH atmosphere are trained in emergency rescue.
• Prior to rescue, employees outside IDLH atmosphere must notify employer.
• Employees outside IDLH atmosphere are equipped with "positive demand" self-contained breathing apparatuses (SCBAs) or similar suppied-air apparatuses.
• Employees outside IDLH atmosphere are equipped with retrieval equipment.

When combatting interior structural firefighting, the following conditions must also be met:

• At least 2 employees must enter IDLH atmosphere and remain in constant contact
• At least 2 employees must be outside IDLH atmosphere
• Self-contained breathing apparatuses must be used

Respirator Maintenance

Cleaning and Disinfecting:

• Employer must supply clean and disinfected respirators.
• Respirators worn by multiple individuals must be cleaned before each use.
• Respirators for emergency use must be cleaned and disinfected after each use.
• Respirators for fit testing must be cleaned and disinfected after each use.

Storage:

• Respirators must be stored away from contaminants, sunlight, extreme temperatures, excessive moisture, and damaging chemicals.
• Respirators must be packed to avoid deformation of the facepiece and exhalation valve.
• Respirators must be stored in a location accessible to work area, in clearly marked containers.

Inspection:

• Employers must inspect respirators before each use and during cleaning.
• Respirators for emergency use must be inspected monthly.
• Escape-only respirators must be inspected before use.
• Respirators for emergency use must be certified using documentation that includes inspection date, inspector name, findings, any remedial action, and respirator serial number. A tag with this information must be kept with respirator.

Maintenance checks must include:

• Respirator function.
• Tightness of connections.
• Integrity of elastomeric parts.
• Condition of parts, including: facepiece, head straps, valves, connecting tubes, cartridges, canisters, filters.
• SCBA tanks must be at 90% of manufacturer's recommended pressure level or greater.
• Regulator and warning devices.

Respirator Air Quality

SCBA and supplied-air respirator air must meet the following specifications

• Oxygen content of 19.5 - 23.5%
• Less than 5 milligrams per cubic meter of hydrocarbon
• Less than 10 ppm carbon monoxide
• Odor free
• Purchased air cylinders must meet Grade D breathing air

Labeling

• All filters, cartridges, and canisters must be labeled and color coded with NIOSH approval label.

Training

Employees must demonstrate knowledge of:

• When respirator is necessary
• How improper fit compromises function
• What respirator limitations are
• Emergency respirator use
• Inspection procedures
• How to put on and remove respirator
• Maintenance and storage procedures
• Medical signs and symptoms limiting effective use

Training requirements:

• Understandable to employee
• Prior to requiring respirator use
• Annual or when workplace changes render previous training obsolete or an employee does not retain required skills

Recordkeeping

• Medical evaluations must be retained and made available in accordance with 29 CFR 1910.1020.
• Fit test records must include: employee name; type of fit test; make, model, style, and size of respirator; test date; test results.
• Fit tests must be retained until next test administered.
• Employee must have written copy of respirator program.