[**1910.134(c)**](http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0134&src_anchor_name=1910.134(c))

> ***Respiratory protection program.*** This paragraph 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
> paragraph. Copies of the Small Entity Compliance Guide will be
> available on or about April 8, 1998 from the Occupational Safety and
> Health Administration\'s Office of Publications, Room N 3101, 200
> Constitution Avenue, NW, Washington, DC, 20210 (202-219-4667).

**1910.134(c)(2)(i)**

> 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

**1910.134(c)(2)(ii)**

> 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).

October 5, 1998

Mr. William R. Jaggi\
Trans World Airlines, Inc.\
Ground Operations Center\
P.O. Box 10007\
St. Louis, MO 63145

Dear Mr. Jaggi:

This is in response to your letter of March 31, addressed to Ms. Bonnie
Friedman, in the Occupational Safety and Health Administration\'s
(OSHA\'s) Office of Public Affairs. We apologize for the long delay of
this response. Enforcement of this standard will begin on the compliance
date, October 5, 1998.

In your letter, you requested clarification on several respiratory
protection issues. There were several statements listed that you sought
to determine if they were true or not. The statements are responded to
in the same order as given in your letter.

Please note that in your letter, you used the term \"medical
surveillance.\" The respiratory protection standard 1910.134 uses the
term \"medical evaluation.\"

1.  **Statement:  Use of the disposable paper type dust respirators does
    not require medical surveillance.**

> Response:  Non-voluntary use of a filtering facepiece (dust
> mask/disposable paper type dust respirator) requires that the employer
> establish and implement a written respiratory protection program with
> worksite-specific procedures. The respiratory protection program must
> include the medical evaluation of employees.
>
> Voluntary use of a filtering facepiece respirator does not require
> medical evaluation. The employer needs only to ensure that the dust
> masks are not dirty or contaminated, that their use does not interfere
> with the employee\'s ability to work safety, and provide a copy of
> Appendix D to each voluntary wearer.

2.  **Statement:  Use of an air supplied positive pressure face mask
    does not require medical surveillance unless intended for rescue or
    emergency purposes.**

3.  **Statement:  Use of an air supplied positive pressure hood does not
    require medical surveillance unless intended for rescue or emergency
    purposes.**

> Response:  The new respiratory protection standard, 29 CFR 1910.134,
> states, \"The employer shall provide a medical evaluation to determine
> that the employee\'s ability to use a respirator, before the employee
> is fit tested or required to use the respirator in the workplace.\"
> Employees that use any respirators including respirators such as air
> supplied positive pressure face masks or hoods must have a medical
> evaluation before use. Medical evaluations are needed to prevent
> injuries and illnesses that can arise from respirator use. Clinical
> studies show that even positive pressure respirator use can harm an
> employee. Respirator use of all kinds can cause alterations in
> breathing patterns, hypoventilation, retention of carbon dioxide, and
> an increase in workload on the body.

Please note that on August 3, 1998, OSHA published **Questions and
Answers on the Respiratory Protection Standard**. This 79 page document
contains guidance and interpretations on the most frequently asked
questions. The section on medical evaluations and the attachments may be
particularly helpful in developing your respiratory protection program.
This can be found on the Internet on the OSHA Home Page at
**http://www.osha.gov.**

Should you require any additional information on this matter, please,
feel free to contact our Office of Health Compliance Assistance at (202)
219-8036.

Sincerely,

Richard E. Fairfax\
Acting Director\
Directorate of Compliance Programs

March 8, 1999

Ms. Mary Kiester\
System Safety Engineer\
Landsat 7 Program\
LMMS\
230 Mall Boulevard\
Room U2101\
King of Prussia, PA 19406

Dear Ms. Kiester:

This is in response to your letter to the Occupational Safety and Health
Administration (OSHA) dated November 16, 1998. We apologize for the long
delay in getting this response to you. You requested that we provide you
with a clarification of the requirement that a medical evaluation be
provided to employees whose only respirator use would be the use of an
escape-only respirator, used to escape from a building in the event of
an emergency. These employees have been trained in the use of the five
minute Emergency Life Support Apparatus (ELSA) escape only respirator.

OSHA\'s current policy states that the employer does not have to provide
a medical evaluation for employees whose only respirator use would be
the use of escape-only respirators. The ELSA is a NIOSH-approved
escape-only respirator which provides less than 30 minutes of breathing
air. Please note that the employer would still be responsible for
compliance with all other provisions of the respirator standard, as
applicable, such as the written program and training requirements. If
the employer were to provide any other self-contained breathing
apparatus (SCBA) which provides 30 minutes of breathing air and which
would be used to enter potentially IDLH atmospheres, the employer would
have to provide a medical evaluation in accordance with 1910.134(e).

We hope this addresses your concerns. Should you have further questions,
please feel free to call OSHA\'s Office of Health Compliance Assistance
at (202) 693-2190.

Sincerely,

Richard E. Fairfax\
Director\
Directorate of Compliance Programs

October 5, 1998

Mr. William R. Jaggi\
Trans World Airlines, Inc.\
Ground Operations Center\
P.O. Box 10007\
St. Louis, MO 63145

Dear Mr. Jaggi:

This is in response to your letter of March 31, addressed to Ms. Bonnie
Friedman, in the Occupational Safety and Health Administration\'s
(OSHA\'s) Office of Public Affairs. We apologize for the long delay of
this response. Enforcement of this standard will begin on the compliance
date, October 5, 1998.

In your letter, you requested clarification on several respiratory
protection issues. There were several statements listed that you sought
to determine if they were true or not. The statements are responded to
in the same order as given in your letter.

Please note that in your letter, you used the term \"medical
surveillance.\" The respiratory protection standard 1910.134 uses the
term \"medical evaluation.\"

1.  **Statement:  Use of the disposable paper type dust respirators does
    not require medical surveillance.**

> Response:  Non-voluntary use of a filtering facepiece (dust
> mask/disposable paper type dust respirator) requires that the employer
> establish and implement a written respiratory protection program with
> worksite-specific procedures. The respiratory protection program must
> include the medical evaluation of employees.
>
> Voluntary use of a filtering facepiece respirator does not require
> medical evaluation. The employer needs only to ensure that the dust
> masks are not dirty or contaminated, that their use does not interfere
> with the employee\'s ability to work safety, and provide a copy of
> Appendix D to each voluntary wearer.

2.  **Statement:  Use of an air supplied positive pressure face mask
    does not require medical surveillance unless intended for rescue or
    emergency purposes.**

3.  **Statement:  Use of an air supplied positive pressure hood does not
    require medical surveillance unless intended for rescue or emergency
    purposes.**

> Response:  The new respiratory protection standard, 29 CFR 1910.134,
> states, \"The employer shall provide a medical evaluation to determine
> that the employee\'s ability to use a respirator, before the employee
> is fit tested or required to use the respirator in the workplace.\"
> Employees that use any respirators including respirators such as air
> supplied positive pressure face masks or hoods must have a medical
> evaluation before use. Medical evaluations are needed to prevent
> injuries and illnesses that can arise from respirator use. Clinical
> studies show that even positive pressure respirator use can harm an
> employee. Respirator use of all kinds can cause alterations in
> breathing patterns, hypoventilation, retention of carbon dioxide, and
> an increase in workload on the body.

Please note that on August 3, 1998, OSHA published **Questions and
Answers on the Respiratory Protection Standard**. This 79 page document
contains guidance and interpretations on the most frequently asked
questions. The section on medical evaluations and the attachments may be
particularly helpful in developing your respiratory protection program.
This can be found on the Internet on the OSHA Home Page at
**http://www.osha.gov.**

Should you require any additional information on this matter, please,
feel free to contact our Office of Health Compliance Assistance at (202)
219-8036.

Sincerely,

Richard E. Fairfax\
Acting Director\
Directorate of Compliance Programs

CPL 2-0.120 - Inspection Procedures for the Respiratory Protection
Standard

# VII Inspection Guidelines for the Standard on Respiratory Protection, 29 CFR 1910.134. These guidelines relate to specific provisions of 29 CFR 1910.134 and are provided to assist compliance officers with conducting inspections where the standard may apply. Any subparagraphs of the standard not discussed in this Directive, should be enforced according to their terms. 

A.  **[Scope and Application]{.underline}**

    1.  This new standard applies to all respirator usage in General
        Industry, Shipyards, Marine Terminals, Longshoring and
        Construction workplaces. It does not apply to agricultural
        operations or to occupational exposure to **M. tuberculosis.**
        Respiratory protection against tuberculosis will continue to be
        enforced under the old 1910.134, which has been redesignated
        1910.139.

    2.  The standard covers respirator use where respirators are being
        worn to protect employees from exposure to air contaminants
        above an exposure limit or are otherwise necessary to protect
        employee health, where respirators are otherwise required to be
        worn by the employer, and where respirators are voluntarily worn
        by employees for comfort or other reasons.

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D.  **[Respiratory Protection Program-1910.134(c)(1)]{.underline}:** A
    written respiratory protection program is required when necessary to
    protect the health of the employee from workplace contaminants or
    when the employer requires the use of respirators. A limited written
    program is also required when respirators (other than filtering
    facepieces) are being voluntarily worn by employees. The program
    must include workplace specific procedures and contain all
    applicable program elements. Where respirators are required,
    respirators (and their associated requirements such as fit-testing
    and maintenance), training and medical evaluations must be provided
    at no cost to the employee. It is the intent of the standard that
    the employer would not be required to incur any costs associated
    with voluntary use of filtering facepieces other than providing a
    copy of Appendix D to each user. If employers allow the voluntary
    use of respirators other than filtering facepieces, the costs
    associated with ensuring the respirator itself does not create a
    hazard, such as medical evaluations and maintenance must be provided
    at no cost to the employee.

> 2\. [Citation Guidelines]{.underline}. If respirators are required to
> be worn in the workplace or respirators other than dust masks are worn
> by voluntary users, a written program is required. An overexposure is
> not required to cite this paragraph. If the CSHO determines that
> specific provisions are lacking or deficient in the written program,
> the CSHO should cite section (c)(1) with the specific element(s) that
> are missing. Discrepancies between the written program and implemented
> work practices at the worksite should be cited by the appropriate
> paragraph in the standard that requires the work practice. If
> overexposures are found and no program at all exists, paragraph (a)(2)
> should be cited.
>
> 3\. (c)(2) [Voluntary Use]{.underline}: Normally, respirators that are
> voluntarily used by employees will be filtering facepieces (dust
> masks). NIOSH-approved respirators are strongly recommended, but they
> are not required for voluntary use. This voluntary use of dust masks
> alone does not require the employer to have a written program. For
> filtering facepiece respirator use, the employer needs only ensure
> that dust masks are not dirty or contaminated, that their use does not
> interfere with the employee\'s ability to work safely, and that a copy
> of Appendix D is provided to each voluntary wearer. Merely posting
> Appendix D is not considered adequate. Use of elastomeric or
> supplied-air respirators, even when voluntary on the part of the
> employee, will require the employer to include all elements in a
> written program that will ensure use of these respirators does not
> create a hazard.
>
> 4\. [Inspection Guidelines]{.underline} Even though employees may be
> voluntarily using respirators, adverse health conditions can be caused
> by the wearing of a respirator itself. Examples include, but are not
> limited to;

a.  \(1\) an employee\'s health being jeopardized by the wearing of a
    respirator (e.g., employee has a cardiac and/or pulmonary disorder
    that could be aggravated by respirator use),

b.  \(2\) the wearing of a dirty respirator that can cause dermatitis or
    ingestion of a hazardous chemical;

c.  \(3\) the sharing of a respirator that leads to transmittal of
    disease.

> Employees who voluntarily wear respirators must, at least, be given
> the information in Appendix D.