Or. Admin. Code § 437-004-1041
Current through Register Vol. 63, No. 12, December 1, 2024
Section 437-004-1041 - Respiratory Protection(1) Permissible practice.(a) To control occupational diseases caused by breathing contaminated air, the best method is to prevent contamination with engineering controls. To the extent feasible, accepted engineering controls must be used. Examples of engineering controls include enclosing the source of contamination, providing general or local exhaust ventilation to remove the contaminated air from work areas, and substituting less toxic materials. When this approach is not feasible, or while engineering controls are being established, employers must provide appropriate respirators in compliance with this standard.(b) You must provide a respirator to each employee when it is necessary to protect their health. Respirators must be appropriate for the hazard. You must also establish and maintain an effective respiratory protection program that includes at least the requirements outlined in paragraph (3) of this standard. The program must cover each employee required to use a respirator.(2) Definitions. The following definitions apply to this standard. Air-purifying respirator is a respirator with an air-purifying filter, cartridge, or canister that removes specific air contaminants by passing ambient air through the air-purifying element. Assigned protection factor (APF) means the workplace level of respiratory protection that a respirator or class of respirators is expected to provide to employees when the employer implements a continuing, effective respiratory protection program as specified by this section. Atmosphere-supplying respirator is a respirator that supplies the user with breathing air from a source independent of the ambient atmosphere, and includes supplied-air respirators (SARs) and self-contained breathing apparatus (SCBA) units. Canister or cartridge is a container with a filter, sorbent, or catalyst, or combination of these items, that removes specific contaminants from the air passed through the container. Competent person is a person who, because of training and experience, can identify existing and predictable hazards in equipment, material, conditions or practices and who has the knowledge and authority to take corrective steps. Demand respirator is an atmosphere-supplying respirator that admits breathing air to the face piece only when inhalation creates a negative pressure inside the face piece. Elastomer (elastomeric) is an elastic substance like rubber or neoprene. Emergency situation is any event such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant release of an airborne contaminant. Employee exposure is exposure to a concentration of an airborne contaminant that would occur if the employee were not using respiratory protection. End-of-service-life indicator (ESLI) is a device, on the cartridge, that warns respirator users when their respirator is near the end of its ability to protect them. For example, an indicator on the cartridge will change to warn the user that the cartridge sorbent material is nearing saturation and is no longer effective. Engineering control measures are methods to eliminate or control employee exposure to the hazard; e.g., substitution of a less toxic material, general or local ventilation and enclosing the operation. Escape-only respirator is a respirator only for use during emergency exit. Filter or air purifying element is a respirator component (e.g., canister or cartridge) that removes solid or liquid aerosols from the inspired air. Filtering face piece (dust mask) is a tight fitting negative pressure particulate respirator with a filter as an integral part of the face piece or with the entire face piece made of the filtering medium. Fit factor is a quantitative estimate of the fit of a particular respirator to a specific person, and typically estimates the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn. Instrumentation is used with ambient air as the "test agent" to quantify the respirator fit. See Appendix A. Fit test is the use of procedures in Appendix A to qualitatively or quantitatively evaluate the fit of a respirator on a person. (See also Qualitative fit test QLFT and Quantitative fit test QNFT.) Helmet is a rigid respirator covering that also provides head protection against impact and penetration. High efficiency particulate air (HEPA) filter is a filter that is at least 99.97 percent efficient in removing monodisperse particles of 0.3 micrometers in diameter. The equivalent NIOSH 42 CFR 84 particulate filters are the N100, R100, and P100 filters. Hood is a respirator covering that completely covers the head and neck and may also cover portions of the shoulders and torso. Immediately dangerous to life or health (IDLH) is an atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere. Interior structural firefighting is the physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage. Loose-fitting face piece is a respiratory covering that forms a partial seal with the face, e.g., hood. Maximum use concentration (MUC) means the maximum atmospheric concentration of a hazardous substance from which an employee can be expected to be protected when wearing a respirator, and is determined by the assigned protection factor of the respirator or class of respirators and the exposure limit of the hazardous substance. The MUC can be determined mathematically by multiplying the assigned protection factor specified for a respirator by the required OSHA permissible exposure limit, short-term exposure limit, or ceiling limit. When no OSHA exposure limit is available for a hazardous substance, an employer must determine an MUC on the basis of relevant available information and informed professional judgment. Negative pressure respirator (tight fitting) is a respirator in which the air pressure inside the face piece is negative during inhalation with respect to the ambient air pressure outside the respirator. Oxygen deficient atmosphere is an atmosphere with an oxygen content less than 19.5 percent by volume. Physician or other licensed health care professional (PLHCP) is a person whose legally permitted scope of practice (i.e., license, registration, or certification) allows them to independently provide, or be delegated to provide, some or all of the health care services required by this standard. Positive pressure respirator is a respirator in which the pressure inside the respiratory covering is higher than the air pressure outside the respirator. Powered air-purifying respirator (PAPR) is an air-purifying respirator that uses a blower to force the ambient air through air-purifying elements to the inlet covering. Pressure demand respirator is a positive pressure atmosphere-supplying respirator that admits breathing air to the face piece when inhalation reduces the positive pressure inside the face piece. Qualitative fit test (QLFT) is a pass/fail fit test to assess the adequacy of respirator fit that relies on the individual's response to the test agent. See Appendix A. Quantitative fit test (QNFT) is an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator. See Appendix A. Respirator covering is that part of a respirator that forms the protective barrier between the user's respiratory tract and an air-purifying device or breathing air source, or both. It may be a face piece, helmet, hood, suit, or a mouthpiece respirator with nose clamp. Self-contained breathing apparatus (SCBA) is an atmosphere-supplying respirator for which user carries the breathing air source. Service life is the period of time that a respirator, filter or sorbent, or other respiratory equipment adequately protects the wearer. Supplied-air respirator (SAR) or airline respirator is an atmosphere-supplying respirator for which the source of breathing air is not carried by the user. Tight-fitting face piece is a respirator covering that forms a complete seal with the face, e.g., half mask or full-face piece. User seal check is an action by the respirator user to determine if the respirator is properly seated to the face. See Appendix B-1.(3) Respiratory protection program. (a) When respirators are necessary to protect the health of workers or when you require workers to wear them, you must have an effective, written respiratory protection program, managed by a knowledgeable person, with procedures specific to your work site. Keep the program updated to reflect changes in conditions that require the use of respirators. You must include at least these points, as applicable: (A) Procedures for selecting respirators for use in the workplace;(B) Procedures for the medical evaluations of employees required to use respirators;(C) Fit testing procedures for tight-fitting respirators;(D) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;(E) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;(F) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;(G) Procedures for training employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;(H) Procedures for training employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and(I) Procedures for regularly evaluating the effectiveness of the program.(b) The employer must provide respirators, and all other program requirements including training, and medical evaluations at no cost to the employee.(c) Where respirator use is voluntary:(A) You may provide respirators to employees who request them or they may use their own respirators. If you allow this voluntary use; (i) You must determine that it will not create a hazard to the user;(ii) You must provide the voluntary user with the information in Appendix D, "Information for Employees Using Respirators When Not Required Under the Standard"; and(B) You must have a limited written respiratory program for voluntary users. It must include those parts of the standard program necessary to ensure that: (i) The user is medically able to use the respirator without adverse health effects. Users of tight-fitting respirators other than dust masks must have a medical evaluation.(ii) The user will properly clean, store and maintain the respirator.(4) Selection of respirators. Identify and evaluate the respiratory hazard(s) including a reasonable estimate of employee exposures and an identification of the contaminant's chemical state and physical form. You must treat atmospheres with the potential for IDLH conditions as an IDLH hazard and provide appropriate respiratory protection. (a) General requirements. (A) You must evaluate respiratory hazards, conditions in the workplace and user factors, then select and provide the appropriate respirators.(B) All respirators must have NIOSH certification and all use must conform to that certification.(C) Respirators must correctly fit and be acceptable to the user.(b) Respirators for IDLH atmospheres. (A) Provide the following respirators for employee use in IDLH atmospheres:(i) A full-face piece pressure demand SCBA certified by NIOSH for a minimum service life of 30 minutes, or(ii) A combination full-face piece pressure demand supplied-air respirator (SAR) with auxiliary self-contained air supply.(B) Respirators only for escape from IDLH atmospheres must have NIOSH certification for escape from the atmosphere of use.(C) Treat all oxygen-deficient atmospheres as IDLH. Exception to paragraph (4)(b)(C): If you can demonstrate that under all foreseeable conditions, the oxygen concentration will stay within the ranges in Table A for the appropriate altitudes set out in the table, then your selection of atmosphere-supplying respirators is not limited to the types listed in (4)(b)(A).
[Insert Table A]
(c) Respirators for atmospheres that are not IDLH.(A) Provide respirators adequate to protect the health of workers and ensure compliance with all other OR-OSHA requirements, under routine and reasonably foreseeable emergency situations. (i) Assigned Protection Factors (APFs). Employers must use the assigned protection factors listed in Table B to select a respirator that meets or exceeds the required level of employee protection. When using a combination respirator (e.g., airline respirators with an air-purifying filter), employers must ensure that the assigned protection factor is appropriate to the mode of operation in which the respirator is being used. [Insert Table B.]
(ii) Maximum Use Concentration (MUC). (I) The employer must select a respirator for employee use that maintains the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the MUC.(II) Employers must not apply MUCs to conditions that are immediately dangerous to life or health (IDLH); instead, they must use respirators listed for IDLH conditions in paragraph (4)(b) of this standard.(III) When the calculated MUC exceeds the IDLH level for a hazardous substance, or the performance limits of the cartridge or canister, then employers must set the maximum MUC at that lower limit.(B) The respirator must be appropriate for the chemical state and physical form of the contaminant.(C) For protection against gases and vapors, provide:(i) An atmosphere-supplying respirator, or(ii) An air-purifying respirator, if:(I) It has and end-of-service-life indicator (ESLI) certified by NIOSH for the contaminant; or(II) If there is no ESLI appropriate for your conditions, implement a change schedule for canisters and cartridges that is based on objective information or data that will ensure that canisters and cartridges are changed before the end of their service life. Describe in the respirator program the information and data relied on and the basis for the canister and cartridge change schedule and the basis for reliance on the data. Note: The Worker Protection Standard contains criteria for specific change out schedules for respirator canisters and cartridges. See Division 4/W, 170.240.
(D) For protection against particulates, provide:(i) An atmosphere-supplying respirator; or(ii) An air-purifying respirator with a filter certified by NIOSH under 30 CFR part 11 as a high efficiency particulate air (HEPA) filter, or an air-purifying respirator with a filter certified for particulates by NIOSH under 42 CFR part 84; or(iii) For contaminants consisting primarily of particles with mass median aerodynamic diameters (MMAD) of at least 2 micrometers, an air-purifying respirator with any filter certified for particulates by NIOSH.(5) Medical evaluation. Using a respirator may place a physiological burden on employees that depends on the type of respirator, the job and workplace conditions in which the respirator is used, and the medical status of the employee.(a) General. You must provide medical evaluations to determine each worker's ability to use a respirator without causing adverse health effects. Do this before the worker's fit test and before they perform any work requiring respirator use. The employer may discontinue an employee's medical evaluations when the employee no longer uses a respirator.(b) Medical evaluation procedures. The employer must identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial examination that obtains the same information as the medical questionnaire. The medical evaluation must obtain the information requested by the questionnaire in Appendix C, Part A, Sections 1 and 2, of this standard. Note: If the employee refuses the examination, they may not be permitted to work in jobs that require a tight-fitting respirator.
(c) Follow-up medical examination. (A) The employer must ensure that a follow-up medical examination is provided for an employee if, in the opinion of the PLHCP, this is necessary. Note: The PLHCP may require a follow-up examination for an employee who gives a positive response to any question among questions 1 through 9, or 10 through 15 in Appendix C, Part A, Section 2; or whose initial medical examination demonstrates the need for a follow-up medical examination.
(B) The follow-up medical examination must include any medical tests, consultations, or diagnostic procedures that the PLHCP deems necessary to make a final determination.(d) Administration of the medical questionnaire and examinations. (A) You must allow the employee to complete the questionnaire in a way that protects the confidentiality of the information. Employers are not allowed to see the answers or to review the completed form. You must allow employees to complete the form during normal working hours or at a time and place convenient to them. If employees need help, allow them to ask your PLHCP or anybody other than their employer or representatives of their employer.(B) The employer must provide the employee with an opportunity to discuss the questionnaire and examination results with the PLHCP.(e) Supplemental information for the PLHCP.(A) You must give the PLHCP the required supplemental information before they make any recommendation about a worker's ability to use a respirator. Use Appendix C, Part B, Section 2 of this standard, or an equivalent form to provide this information.(i) The type and weight of the respirator the employee will use;(ii) How long and how often the employee will use the respirator (including use for rescue and escape);(iii) The expected physical work effort while using the respirator;(iv) Additional protective clothing and equipment to be worn; and(v) Temperature and humidity extremes that may exist during use.(B) Supplemental information you provide for an employee's medical evaluation does not have to be provided again for later evaluations unless the information or the PLHCP changes.(C) You must provide a copy of your written respiratory program and this standard to the PLHCP. Note to Paragraph (5)(e): When the employer replaces a PLHCP, the employer must ensure that the new PLHCP has this information, either by providing the documents directly to the new PLHCP or by having the documents transferred from the former PLHCP to the new PLHCP. However, OR-OSHA does not expect employers to have employees medically reevaluated solely because there is a new PLHCP.
(f) Medical determination. In determining the employee's ability to use a respirator, the employer must: (A) Obtain a written recommendation about the employee's ability to use the respirator from the PLHCP. The recommendation must provide only the following information: (i) Any limitations on respirator use relating to the medical condition of the employee, or relating to the workplace conditions, including whether or not the employee is medically able to use the respirator;(ii) The need, if any, for follow-up medical evaluations; and(iii) A statement that the PLHCP gave a copy of the recommendation to the worker.(B) If the respirator is a negative pressure respirator and the PLHCP finds that using it would increase the employee's health risk, the employer must provide a PAPR until a subsequent evaluation clears the employee for another type.(g) Additional medical evaluations. At a minimum, the employer must provide additional medical evaluations that comply with this standard if:(A) An employee reports medical signs or symptoms related to ability to use a respirator;(B) A PLHCP, supervisor, or the knowledgeable person who manages the respiratory protection program informs the employer that an employee needs a reevaluation; or(C) Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or(D) A change occurs in work conditions (such as physical work effort, protective clothing, and temperatures) that may result in a substantial increase in the physiological burden to the employee.(6) Fit testing. You must:(a) Ensure that employees using a tight-fitting face piece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT), using the same make, model, style and size respirator that they will use in the workplace.(b) Ensure that each worker using a tight-fitting face piece respirator is fit-tested, before initial respirator use; whenever they change to another type, style, model, or make of respirator, and at least annually thereafter.(c) Do a new fit test on a worker when you observe or the worker, a supervisor, the program administrator, or a PLCHP report any change in the worker's physical condition that could affect the respirator fit. Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight.(d) Give employees a reasonable opportunity to select a different respirator face piece and redo the fit test if, after passing a QLFT or QNFT, the employee notifies the employer, supervisor, or PLHCP that the fit of the respirator is unacceptable.(e) Ensure that all fit tests comply with the accepted QLFT or QNFT protocols in Appendix A of this standard.(f) Ensure that qualitative fit tests (QLFT) are used only to fit test negative pressure air-purifying respirators that must achieve an assigned protective factor of 50 or less.(g) Ensure that quantitative fit tests (QNFT), using an accepted QNFT protocol, are only passed by achieving a fit factor of 100 or more for a tight fitting half face piece respirator, and a fit factor of 500 or more for a tight fitting full face piece respirator.(h) Ensure that fit testing of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-purifying respirators is only accomplished by performing quantitative or qualitative fit testing in the negative pressure mode, regardless of the mode of operation (negative or positive pressure) that is used for respiratory protection. (A) Do qualitative fit testing of these respirators by temporarily converting the respirator user's actual face piece into a negative pressure respirator with appropriate filters, or by using an identical negative pressure air-purifying respirator face piece with the same sealing surfaces as a surrogate for the atmosphere-supplying or powered air-purifying respirator face piece.(B) Do quantitative fit testing of these respirators by modifying the face piece to allow sampling inside the face piece in the breathing zone of the user, midway between the nose and mouth. Do this by installing a permanent sampling probe onto a surrogate face piece, or by using a sampling adapter designed to temporarily provide a way to sample air from inside the face piece.(C) Before returning a face piece to normal use, completely remove any modifications done for fit testing, and restore the face piece to NIOSH-approved configuration.(7) Use of respirators. (a) Face piece seal protection. (A) You must not permit workers to wear tight-fitting face pieces if they have:(i) Facial hair that comes between the face-to-face piece sealing surface or that interferes with the respirator's valve function; or(ii) Any other condition that interferes with the face-to-face piece seal or valve function.(B) If an employee wears glasses or goggles or other personal protective equipment, the employer must ensure that it does not interfere with the seal of the face piece to the face of the user.(C) Employers must ensure that workers who wear respirators perform a user seal check before every use, using the procedures in Appendix B-1 or, if equally effective, the recommendations of the respirator manufacturer.(b) Continuing respirator effectiveness. (A) You must reevaluate the effectiveness of a respirator when there is a change in work area conditions or degree of employee exposure or stress that may affect respirator effectiveness.(B) You must ensure that employees leave the area where respirators are required:(i) To wash their faces and respirator face pieces as necessary to prevent eye or skin irritation associated with respirator use; or(ii) If they detect vapor or gas breakthrough, changes in breathing resistance, or leakage of the face piece; or(iii) To replace the respirator or the filter, cartridge, or canister elements.(C) If the employee detects vapor or gas breakthrough, changes in breathing resistance, or leakage of the face piece, the employer or a competent person must replace or repair the respirator before allowing the employee to return to the work area.(c) Procedures for IDLH atmospheres. For all IDLH atmospheres, the employer must ensure that: (A) One employee or, when needed, more than one employee is stationed outside the IDLH atmosphere;(B) Visual, voice, or line communication is continuous between the employee(s) in the IDLH atmosphere and the employee(s) outside the IDLH atmosphere;(C) The employee(s) outside the IDLH atmosphere have the training and equipment to provide effective emergency rescue;(D) The employer or designee is notified before the employee(s) outside the IDLH atmosphere enter the IDLH atmosphere to provide emergency rescue;(E) The employer or designee authorized to do so by the employer, once notified, provides necessary assistance appropriate to the situation;(F) Employee(s) outside the IDLH atmospheres have:(i) Pressure demand or other positive pressure SCBAs, or a pressure demand or other positive pressure supplied-air respirator with auxiliary SCBA; and either:(ii) Appropriate retrieval equipment for removing the employee(s) who enter(s) these hazardous atmospheres where retrieval equipment would contribute to the rescue of the employee(s) and would not increase the overall risk resulting from entry; or(iii) Equivalent means for rescue when there is no requirement for retrieval equipment under paragraph (7)(c)(F)(ii).(d) Procedures for interior structural firefighting. If you require your workers to fight interior structural fires, paragraph (7)(c) applies. You must also do the following: (A) At least two employees enter the IDLH atmosphere and remain in visual or voice contact with one another at all times; and(B) At least two employees are located outside the IDLH atmosphere; and(C) All employees engaged in interior structural firefighting use SCBA's. Note 1 to paragraph (7)(d):One of the two individuals located outside the IDLH atmosphere may be assigned to an additional role, such as incident commander in charge of the emergency or safety officer, so long as this individual is able to perform assistance or rescue activities without jeopardizing the safety of health of any firefighter working at the incident.
Note 2 to paragraph (7)(d): Nothing in this section is meant to preclude firefighters from performing emergency rescue activities before an entire team has assembled.
(8) Maintenance and care of respirators. (a) Cleaning and disinfecting. You must provide each respirator user with a respirator that is clean, sanitary, and in good working order. You also must ensure that respirators are cleaned and disinfected using the procedures in Appendix B-2, or equally effective procedures recommended by the respirator manufacturer, at the following intervals:(A) Clean and disinfect respirators used exclusively by one worker as often as necessary to keep them sanitary;(B) Clean and disinfect respirators after each use, or before being worn by different individuals, if used by more than one worker;(C) Clean and disinfect emergency use respirators after each use; and(D) Clean and disinfect fit test and training respirators after each use.(b) Storage. Ensure that respirators are stored as follows:(A) Store all respirators to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, damaging chemicals, and to prevent deformation of the face piece and exhalation valve.(B) In addition to the requirements of paragraph (8)(b)(A), keep emergency respirators: (i) Accessible to the work area;(ii) In compartments or in covers clearly marked as containing emergency respirators; and(iii) In accordance with any applicable manufacturer instructions.(c) Inspections. (A) The employer must require respirator inspections as follows:(i) Inspect all routine use respirators before each use and during cleaning;(ii) Inspect emergency use respirators at least monthly and according to the manufacturer's recommendations. Check for proper function before and after each use; and(iii) Inspect escape respirators before taking them into the workplace for use.(B) The employer must ensure that respirator inspections include the following:(i) A check of respirator function, tightness of connections, and the condition of the various parts including, but not limited to, the face piece, head straps, valves, connecting tube, and cartridges, canisters or filters; and(ii) A check of elastomeric parts for pliability and signs of deterioration.(C) In addition to the requirements of paragraphs (8)(c)(A) and (B), inspect self-contained breathing apparatus monthly. Keep air and oxygen fully charged and recharge them when the pressure falls to 90 percent of the manufacturer's recommended pressure level. Be certain the regulator and warning devices work properly.(D) For emergency use respirators, the employer must:(i) Certify the respirator by documenting the date of inspection, the name (or signature) of the inspector, the findings, required remedial action, and a serial number or other means of identifying the respirator; and(ii) Provide this information on a tag or label attached to the respirator storage compartment, or keep it with the respirator, or include it in paper or electronic inspection reports. Keep this information until the next report replaces it.(d) Repairs. Do not use respirators that fail an inspection or are otherwise defective. Either discard them or repair them according to these procedures:(A) Only people with appropriate training may repair or adjust respirators. They must use only the manufacturer's NIOSH-approved parts designed for the particular respirator;(B) Repairs must conform to the manufacturer's recommendations for the type of repair to be performed;(C) Only the manufacturer or a technician trained by the manufacturer may repair or adjust the reducing and admission valves, regulators and alarms.(9) Breathing air quality and use. (a) The employer must ensure or have their supplier certify that compressed air, compressed oxygen, liquid air, and liquid oxygen used for respiration meets the following specifications: (A) Compressed and liquid oxygen must meet the United States Pharmacopoeia requirements for medical or breathing oxygen; and(B) Compressed breathing air must meet at least the requirements for Grade D breathing air described in ANSI/Compressed Gas Association Commodity Specification for Air, G-7.1-1989, to include:(i) Oxygen content (v/v) between 19.5 and 23.5 percent;(ii) Hydrocarbon (condensed) content of no more than 5 milligrams per cubic meter of air;(iii) Carbon monoxide (CO) content of no more than 10 ppm;(iv) Carbon dioxide content of no more than 1,000 ppm; and(v) No noticeable odor. Note: Do not fill your own air vessels unless they and the contents meet all the requirements of this standard.
(b) Do not use compressed oxygen in atmosphere-supplied respirators that previously held compressed air.(c) The employer must ensure that oxygen concentrations more than 23.5 percent are used only in equipment designed for oxygen service or distribution.(d) The employer must ensure that cylinders to supply breathing air to respirators meet the following requirements: (A) Cylinders are tested and maintained as prescribed in the Shipping Container Specification Regulations of the Department of Transportation ( 49 CFR part 180 );(B) Cylinders of purchased breathing air have a certificate of analysis from the supplier that the breathing air meets the requirements for Grade D breathing air; and(C) The moisture content in the cylinder does not exceed a dew point of -50 degrees F. (-45.6 degrees C.) at 1 atmosphere pressure.(e) The employer must ensure that compressors supplying breathing air to respirators are constructed and situated to:(A) Prevent entry of contaminated air into the air-supply system;(B) Minimize moisture content so that the dew point at 1 atmosphere pressure is 10 degrees F. (5.56 degrees C.) below the ambient temperature;(C) Have suitable in-line air-purifying sorbent beds and filters to further ensure breathing air quality. Maintain and replace sorbent beds and filters according to the manufacturer's instructions.(D) Have a tag at the compressor showing the most recent change date and the signature of the authorized person who did the change.(f) For compressors that are not oil-lubricated, ensure that carbon monoxide levels in the breathing air do not exceed 10 ppm.(g) For oil-lubricated compressors, use only a high-temperature or carbon monoxide alarm, or both, to monitor carbon monoxide levels. If you use only high-temperature alarms, monitor the air supply often enough to prevent carbon monoxide in the breathing air from exceeding 10 ppm.(h) The employer must ensure that breathing air couplings are incompatible with outlets for nonrespirable worksite air or other gas systems. Do not allow any asphyxiating substance to get into breathing airlines.(i) Use only the respirator manufacturer's NIOSH approved breathing gas containers marked and maintained in accordance with the Quality Assurance provisions of the NIOSH approval for the SCBA, as issued in accordance with the NIOSH respirator certification standard at 42 CFR part 84.(10) Identification of filters, cartridges, and canisters. The employer must ensure that all filters, cartridges and canisters have labels and color codes that comply with the NIOSH standards and that the label remains in place and legible.(11) Training and information.(a) The employer must ensure that each employee can demonstrate knowledge of at least the following: (A) Why the respirator is necessary and how improper fit, use, or maintenance can compromise the protective effect of the respirator;(B) What the limitations and capabilities of the respirator are;(C) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;(D) How to inspect, put on and remove, use, and check the seals of the respirator;(E) What the procedures are for maintenance and storage of the respirator;(F) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and(G) The general requirements of this rule.(b) Training must be in a language or form that workers understand.(c) Training must be complete before workers use respirators.(d) Retrain respirator users annually and when these situations happen: (A) Changes in the work or the type of respirator make previous training obsolete;(B) Inadequacies in the employee's knowledge or use of the respirator indicate that they no longer have the basic understanding or skill; or(C) Any other situation arises in which retraining appears necessary to ensure safe respirator use.(e) An employer who can demonstrate that a new employee has training within the last 12 months that addresses the elements in paragraph (11)(a)(A) through (G) does not have to repeat that training if, the employee can demonstrate knowledge of those element(s). Previous training not repeated initially by the employer must be provided no later than 12 months from the date of the previous training.(f) Provide every voluntary respirator user with the basic advisory information in Appendix D. Any written or oral format that the employee understands is acceptable.(12) Program evaluation.(a) Evaluate the workplace as necessary to ensure effective implementation of the current written program.(b) Regularly consult your respirator users to get their views on your program's effectiveness and to identify problems. Correct the problems identified. Things to assess include at least:(A) Respirator fit (including the ability to use the respirator without interfering with effective workplace performance);(B) Users have and use the correct respirator and components for their exposure hazards;(C) Proper respirator use; and(D) Proper respirator maintenance.(13) Recordkeeping. (a) Medical evaluation. Retain and make available all medical evaluations required by this standard according to Division 2/Z, 1910.1020. (Division 4/A, 437-004-0005, Medical Records Access, stipulates that Division 2/Z, 1910.1020 applies to agricultural employers.)(b) Fit testing. (A) You must keep a record of qualitative and quantitative fit tests for each user including: (i) The name or identification of the employee;(iii) Specific make, model, style, and size of respirator tested;(v) The pass/fail results for QLFTs or the fit factor and strip chart recording or other recording of the test results for QNFTs.(B) Keep fit test records until records of a new test replace them.(c) You must keep a written copy of your current respirator program.(d) On request, you must make written records required by this standard, available to the Oregon OSHA Administrator or their designee for examination or copying.(14) Appendices. Compliance with Appendix A, Appendix B-1, Appendix B-2, Appendix C, and Appendix D of this rule is mandatory.(15) Effective Date. OAR 437-004-1041, Respiratory Protection, is effective March 1, 2007. [Insert Appendices A, B-1, B-2, C, and D]
Or. Admin. Code § 437-004-1041
OSHA 3-2006, f. 6-7-06, cert. ef. 3-1-07; OSHA 10-2006, f. & cert. ef. 11-30-06; OSHA 3-2007, f. & cert. ef. 8-13-07; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13; OSHA 1-2020, amend filed 02/13/2020, effective 2/13/2020; OSHA 1-2024, amend filed 09/11/2024, effective 9/11/2024Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.