Temporary Worker Initiative

Respiratory Protection

This is part of a series of guidance documents developed under the 

Occupational Safety and Health Administration’s (OSHA’s) Temporary Worker 

Initiative (TWI). This Initiative focuses on compliance with safety and health 

requirements when temporary workers are employed under the joint 

employment of a staffing agency and a host employer.

Temporary workers are entitled to the same 

protections under the Occupational Safety and 

Health Act of 1970 (the OSH Act) as all other 

covered workers. When a staffing agency supplies 

temporary workers to a business, typically, the 

staffing agency and the staffing agency’s client, 

commonly referred to as the host employer, are 

joint employers of those workers. Both employers 

are responsible for determining the conditions of 

employment and complying with the law. In these 

joint employment situations, questions regarding 

how each employer can fulfill its duty to comply 

with the standard are common. This bulletin 

addresses what both the staffing agency and the 

host employer can do to ensure that temporary 

workers who are exposed to airborne contaminants 

are appropriately protected in accordance with 

OSHA standards 29 CFR 1910.134 for general 

industry; 1926.103 for construction; and 1915.154, 

1917.92, and 1918.102, for maritime — Respiratory 

Protection (the standard).

Respirators protect workers against insufficient 

oxygen environments and harmful air 

contaminants in dusts, fogs, fumes, smokes, mists, 

gases, vapors, and sprays. Exposure to hazardous 

air contaminants could cause cancer, other 

serious diseases, and death. The primary goal of 

preventing employee exposures to hazardous air 

contaminants is to reduce the incidence of workrelated diseases and death. 

OSHA requires exposures to hazardous substances 

to be controlled to the extent feasible by following 

a hierarchy of controls, first either substituting 

out the harmful substance for less toxic materials 

or controlling exposures through engineering 

controls (for example, enclosure or confinement 

of the operation and general and local exhaust 

ventilation). Administrative and work practice 

controls such as hygiene practices and rotating 

work schedules are considered a secondary means 

of control. When all feasible engineering and 

administrative controls are in place but employee 

exposures to airborne substances remain above 

established exposure limits, while such controls 

are being implemented, and in some emergency 

situations, OSHA requires that appropriate 

respirators be used pursuant to the standard. 

According to the standard, employers are required 

to identify and evaluate potential respiratory 

hazard(s) in the workplace. This evaluation must 

reasonably estimate respiratory hazards to which 

workers may be exposed at the worksite in addition 

to selecting and providing appropriate respirators 

when required. Where conditions require respirators, 

the employer must develop and implement a 

respiratory protection program in accordance with 

the standard that includes but is not limited to: 

• A written respiratory protection program that 

includes worksite-specific procedures and 

elements for respirator use;

TWI BULLETIN NO. 8
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• Selection of the correct type of respirator based 

on the respiratory hazards to which the worker is 

exposed and other workplace and user factors. 

Depending on the hazard (s) present in the 

workplace, different types of respirators may be 

appropriate, such as disposable (e.g., filtering 

face piece), reusable (e.g., half mask and full 

face elastomeric), powered air-purifying (PAPR), 

self-contained breathing apparatus (SCBA), or 

supplied air respirators (SARs);

• Medical evaluations;

• Respirator fit-testing;

• Proper use of respirators in routine and 

reasonably foreseeable emergency situations;

• Maintenance and care of respirators;

• Adequate air quality, quantity, and flow of 

breathing air for atmosphere-supplying 

respirators;

• Training of employees required to wear respirators; 

• Recordkeeping of the medical evaluation, 

fit-testing, training and written respirator 

program; and 

• Evaluation of the program. 

• Employers (both host and staffing agency) that 

allow voluntary use of respirators must ensure 

the employee is medically able to use the 

respirator and that the respirator does not present 

a health hazard, and provide the employee a copy 

of Appendix D from the Respiratory Protection 

standard. Coordination between joint employers 

is essential for this provision. 

Both the host employer and staffing agency 

are jointly responsible to ensure workers wear 

appropriate respirators when required. While both 

the host and the staffing agency are responsible 

to ensure that the employee is properly protected 

in accordance with the standard, the employers 

may decide that a division of the responsibility may 

be appropriate. Neither the host nor the staffing 

agency can require workers to provide or pay for 

their own respiratory protection when it is required. 

Host Employer Responsibilities

The host employer will usually have the primary 

responsibility for evaluating exposure levels, 

implementing and maintaining engineering, 

administrative, and work practice controls, 

providing an appropriate respirator, and 

maintaining a respiratory protection program in 

accordance with all requirements of the standard 

for the workplace because:

• The host employer is typically most familiar with 

the chemicals present in the workplace and has 

control over the processes and equipment that 

may produce respiratory hazards to which the 

temporary workers may be exposed. 

• The host employer is generally in the best 

position to implement a respiratory protection 

program and these provisions will likely be in 

place for permanent staff. 

• The host employer can maintain the appropriate 

surveillance required of work area conditions 

and the degree of employee exposure. 

• The host employer is usually in the best position 

to reevaluate respirator use when changes occur 

in work area conditions including production 

or process modifications that affect levels of 

employee exposure and physical stress that 

may affect respirator effectiveness. The host 

employer should communicate any changes 

to the respiratory protection program to the 

temporary employees and staffing agency. 

Staffing Agency Responsibilities

The staffing agency shares responsibility for its 

workers’ safety and health and has an obligation to 

take reasonable steps to ensure that its employees 

are protected from workplace hazards as required 

by OSHA standards, including being aware of the 

respiratory hazards to which their employees may 

be exposed at the host’s worksite, the protective 

measures the host employer has implemented, and 

any requirements for respiratory protection at the 

host employer’s worksite. 

The staffing agency is also responsible for 

maintaining communication with its workers and 

the host employer. Such ongoing communication 

also alerts the staffing agency to additional or 

newly created workplace hazards that may need 

to be addressed and ensure that responsibilities of 

the respiratory protection program are understood 

and implemented. 
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Example Scenario*†

A hypothetical metal equipment manufacturer, Iron Alloy Co. (IAC), needs welders for a 

short-term increase in production. IAC contracts with Temp Staffing to provide workers on a 

temporary basis. Temp Staffing hires ten workers and sends them to work at IAC. 

When the welding is performed, fumes drift up into the breathing zone of the workers. There 

is no mention of a respiratory protection program in IAC’s contract with Temp Staffing and 

no respirators are provided to the workers. A week later, a temporary worker mentions to a 

Temp Staffing representative that the air is contaminated during welding and that respiratory 

protection has not been provided. When Temp Staffing discusses this with IAC, IAC refuses to 

supply the respirators or discuss any evaluation of respiratory hazards.

Analysis

Since a potential air contaminant overexposure hazard exists, identification and evaluation of 

the exposure to welding fumes in the workplace are required. This evaluation must include 

a reasonable estimate of employee exposures to welding fumes, and, if required, respirators 

must be provided along with the implementation and administration of all elements of a 

respiratory protection program. Since IAC controls the worksite, it is in the best position 

to control overexposures through engineering or administrative controls. IAC is also best 

positioned to select, provide, and maintain adequate respiratory protection if required. IAC 

may be subject to OSHA citations for failure to evaluate air contaminant exposures and provide 

necessary controls and respirators. 

Temp Staffing is also required to ensure that its employees’ potential overexposure to air 

contaminants is assessed before they are placed in the potentially hazardous environment. 

Temp Staffing could fulfill this duty by verifying that IAC has instituted an adequate respiratory 

protection program that complies with the standard, including, but not limited to: evaluation 

Records Retention

Employers must retain records of the physician’s or 

other licensed healthcare professional’s (PLHCP’s) 

written recommendation [See 1910.134(e)(6)

(i)], fit-testing, training, and written respiratory 

protection program. Provisions for the maintenance 

of written records should be established prior to 

beginning work. 

• The medical evaluation questionnaires and 

any examination test results required by the 

standard [See 1910.134(e)(2)-(4)] are considered 

medical records under OSHA standards 29 CFR 

1910.1020, 1926.33 and 1915.1020 Access to 

employee exposure and medical records [See 

29 CFR 1910.1020(c)(6)(i)(A)], and must be treated 

as such. Therefore, joint employers must agree 

to who will retain these medical records prior to 

beginning work. Typically, the options are: 

• The medical records are retained by the 

employer (either staffing agency or host) 

who provides the medical evaluation in the 

employees’ confidential file, 

• The PLHCP who conducted the medical 

evaluation retains the employee medical records 

on behalf of the employer, or 

• The employer’s (either staffing agency or host) 

medical office retains employee medical records 

if the medical office is administratively separate 

from the employer’s central administration offices. 

[See Section IX.E of OSHA’s Respiratory Protection 

Directive, CPL 02-00-158 (June 26, 2014).] 
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The OSHA standard, Access to employee 

exposure and medical records, does not permit 

the disclosure of an employee’s medical record 

by the employer, unless the individual requesting 

access is the employee, his or her designated 

representative, or OSHA under a medical access 

order. The medical records of employees who 

have worked for less than one year for the 

employer need not be retained beyond the term of 

employment if they are provided to the employee 

upon the termination of employment.

If a medically qualified temporary worker works at 

multiple host employer sites, the host employers 

may obtain a copy of the PLHCP’s written 

recommendation from the PLHCP of another 

host, the staffing agency, or from the individual 

employee. An existing written recommendation 

of the employee’s ability to use a respirator, as 

determined by the employee’s previous host 

employer’s or staffing agency’s PLCHP, may be 

accepted only if the work conditions and type of 

the respirator remains the same, it is appropriate 

for use at the new worksite (based on the 

questionnaire), and meets the requirements of the 

standard at 29 CFR 1910.134(e)(1). In general, the 

written recommendation should be provided by 

the PLHCP, but it can be provided by the employee 

to the employer. The current host employer must 

also exercise due diligence to ensure the above 

conditions are met when receiving a PLHCP’s 

written recommendation from another host 

employer.1

As a recommended practice, the staffing agency 

and host employer should establish which party 

is responsible for each aspect of a respiratory 

protection program prior to work beginning. The 

details of the protections to be provided can be 

clearly established in the language of the contract 

between the employers. However, neither employer 

may avoid its ultimate responsibilities under the OSH 

Act by requiring another party to perform them. 

State Plans

Twenty-eight states and U.S. territories operate 

their own OSHA-approved occupational safety 

and health programs, called State Plans. 

These State Plans have and enforce their own 

occupational safety and health standards that 

1. See also Mitch Merkel letter of interpretation; December 4, 2014; 

at www.osha.gov/laws-regs/standardinterpretations/2014-12-04

of the respiratory hazards; providing respirators, maintenance and storing of respirators if 

required; medical evaluation; fit-testing; and training. Temp Staffing may be subject to OSHA 

citations for failing to take reasonable steps to ensure that its employees were protected as 

required by the standard. 

However, Temp Staffing did discover IAC’s lapse in worker protection reasonably quickly 

and, upon discovery, addressed the issue with IAC. If IAC continues to refuse to implement a 

complete respiratory protection program, Temp Staffing has the choice of implementing the 

missing elements of the program (if possible) or withdrawing its workers from the site. If Temp 

Staffing does neither, again, it may be subject to OSHA citations.

In addition, should OSHA discover the workers welding without respiratory protection and 

that the permissible exposure limits were exceeded, both employers may be subject to OSHA 

citations for exposing employees above the permissible exposure limit. 

* The company names used in this scenario are fictitious. Any resemblance to real companies is entirely coincidental.

†

 This scenario would also apply to the construction and maritime industries.
must be at least as effective as OSHA’s, but may 

have different or additional requirements. A list of 

the State Plans and more information are available 

at: www.osha.gov/dcsp/osp. 

How Can OSHA Help?

Workers have a right to a safe workplace. If you 

think your job is unsafe or you have questions, 

contact OSHA at 1-800-321-OSHA (6742) or visit 

OSHA’s main web page at www.osha.gov. It’s 

confidential. We can help. 

For other valuable worker protection information, 

such as Workers’ Rights, Employer Responsibilities 

and other services OSHA offers, visit OSHA’s 

Workers’ page www.osha.gov/workers. 

For information on Temporary Workers visit 

OSHA’s Temporary Workers’ page www.osha.gov/

temp_workers. 

For more information on hearing conservation visit 

www.osha.gov/Publications/OSHA3074/osha3074.

html. For a pocket guide on noise in construction, 

visit www.osha.gov/Publications/3498noise-inconstruction-pocket-guide.pdf.

The OSH Act prohibits employers from retaliating 

against their employees for exercising their rights 

under the OSH Act. These rights include raising a 

workplace health and safety concern with either 

employer, reporting an injury or illness, filing an 

OSHA complaint, and participating in an inspection 

or talking to an inspector. If workers have been 

retaliated or discriminated against for exercising 

their rights, they must file a complaint with OSHA 

within 30 days of the alleged adverse action to 

preserve their rights under section 11(c). For more 

information, please visit www.whistleblowers.gov.

OSHA also provides help to employers. OSHA’s 

On-Site Consultation Program offers free and 

confidential advice to small and medium-sized 

businesses in all states and several territories, 

with priority given to high-hazard worksites. 

On-Site consultation services are separate from 

enforcement and do not result in penalties or 

citations. Consultants from state agencies or 

universities work with employers to identify 

workplace hazards, provide advice on compliance 

with OSHA standards, and assist in establishing 

and improving safety and health management 

systems. To locate the OSHA On-Site Consultation 

Program nearest you, call 1-800-321-6742 (OSHA) 

or visit www.osha.gov/consultation.

Disclaimer: This bulletin is not a standard or regulation, and it creates no new legal obligations. It contains 

recommendations as well as descriptions of mandatory safety and health standards. The recommendations are 

advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful 

workplace. The Occupational Safety and Health Act requires employers to comply with safety and health standards 

and regulations promulgated by OSHA or by a state with an OSHA-approved state plan. In addition, the OSH Act’s 

General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from 

recognized hazards likely to cause death or serious physical harm.

OSHA 3952-06 2018