Respirators and the Employer’s Responsibility

Are your workers wearing respirators? Are you in compliance with OSHA’s Respiratory Protection standard? If you’re not, you’re looking at some hefty fines if OSHA shows up.

The OSHA Respiratory Protection standard can be found under 29 CFR 1910.134 as well as 29 CFR 1926.103 on the construction side. Both regulations are the same though, whether you’re in general industry or construction.

The standard requires employers to establish and maintain a respiratory protection program to protect their respirator wearing employees. Part of the program must contain specific procedures describing how respirators will be selected, fitted, used, maintained and inspected in a particular workplace atmosphere. But when, exactly, do you need to have this written program? If your workers are wearing respirators you must have a program. Period.

Take for example, you have workers who are inside a building dry sanding joint compound on drywall. The joint compound Material Safety Data Sheet (MSDS example) specifically states Crystalline Silica is part of what makes up the product. Crystalline Silica can cause debilitating lung disease. Under “Engineering Controls” the manufacturer states, “provide ventilation sufficient to control airborne dust levels”. What happens if an area cannot be properly ventilated? Read the section called “Respiratory Protection” – “wear a NIOSH/MSHA approved respirator equipped with particulate cartridges when dusty in poorly ventilated areas.” The MSDS is telling your workers have to wear a respirator when using this product. Make sure your program is in place BEFORE workers wear it though!

Program Content

The following information, if applicable, must be included in your written program:

• Selection of appropriate respirators
• Training workers in the proper use of respirators
• Medical evaluations for workers using respirators
• Fit testing procedures
• Respirators during routine and emergency situations
• Schedule for cleaning, disinfecting, storing, inspecting, repairing, removing or discarding and maintaining respirators
• Evaluation of the program

If workers are voluntarily wearing respirators and there are no hazards, then a respiratory plan does not have to be implemented but make sure you provide your workers with a copy of Appendix D from the standard.

Medical Evaluation

All workers who will be wearing respirators must be medically evaluated by a physician or other licensed health care professional to determine if a worker is able to wear a respirator without issues. This medical evaluation is fully paid for by the employer.

A medical questionnaire (Appendix C) must be filled out by the employee, during normal working hours/conditions and must be confidential. Once the physician completes their evaluation, the employee will receive a written recommendation regarding the employees ability to use a respirator. This letter must also remain confidential. Ensure these records are not kept in the employees records with other items such as timesheets or training records.

OSHA has, over the years, published more and more info for small businesses to stay compliant with the respiratory protection standard. The information in the standard can be overwhelming when you are doing everything to protect your employees. Keep in mind, OSHA’s more concerned with the employers who knowingly ignore health hazards and put their workers at risk. A few months ago, a feed processing and packaging plant was fined just over $167,000 and they are put on OSHA’s Severe Violators List. If the company had at least tried to do the right thing, the fine would never have been that much money.

Still confused on what you need to protect your employees? Call us today for a comprehensive review of your unique situation.