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November 06, 2008 DOL Home > Federal Register > Final Rules > OSHA
OSHA Final Rules

Respiratory Protection   [1/8/2008]
[PDF]
[Federal Register: January 8, 1998 (Volume 63, Number 5)]
[Rules and Regulations]               
[Page 1201-1250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja98-7]
 
[[pp. 1201-1250]] Respiratory Protection

[[Continued from page 1200]]

[[Page 1201]]

provide acceptable fit for their employees (Exs. 54-389, 54-150, 54-
161), although others provided only one or two sizes of a particular 
model (Exs. 54-139, 54-38, 54-22, 54-163, 54-196). Some rulemaking 
commenters stated that mandating that respirators from two 
manufacturers be available would be costly and burdensome for small 
employers (Exs. 54-161, 54-295), would not provide any tangible 
improvement in the respirator program (Ex. 54-154), and would 
complicate training and inventory functions (Ex. 54-156).
    In the case of SCBAs, participants pointed out that buying and 
storing two brands for fitting would be extremely costly, would create 
congested storage areas, and would pose the risk that parts could 
inadvertently be interchanged (Exs. 54-208, 54-209, 54-214, 54-250, 54-
300, 54-233, 54-331, 54-348, 54-45, 54-458). Even the AFL-CIO, which 
generally supported the requirement that employers have respirators 
from different manufacturers available, stated that requiring a multi-
manufacturer assortment was not feasible for SCBAs (Ex. 54-428).
    OSHA concludes that providing a wide selection of sizes and models 
of respirators will improve both fit and acceptability, and most 
commenters agreed. In light of the comments, however, OSHA is making 
the final rule's provision more performance-oriented, and is not 
requiring a specific number of types and sizes. As ANSI noted, larger 
employers are more likely to need a larger variety of respirators to 
fit their employee population (Tr. 1426). Concomitantly, this change 
will reduce the burden on smaller employers who will not need to 
maintain such a wide array of respirator choices. OSHA believes 
therefore that employers are in the best position to determine whether 
their employee population is so diverse as to require the availability 
of respirators from more than one manufacturer. OSHA encourages 
employers to offer employees as wide a choice as practical when 
performing fit tests.
    In addition to the general requirement of assuring that employers 
consider employee acceptability, some commenters requested that OSHA 
require employers to offer PAPRs to employees ``who wear respirators 
for long periods of time.'' These commenters stated that PAPRs are 
cooler, more comfortable, and offer less breathing resistance than 
negative pressure respirators (Exs. 54-387, 54-23). OSHA has included 
such provisions in various substance-specific standards based on 
evidence in those records that proper respirator use is likely to be 
increased if more comfortable respirators are available (See, e.g., Ex. 
330 in Docket H-033C, Asbestos in Construction standard, discussed at 
51 FR 22719, June 20, 1986). For example, OSHA stated in the preamble 
to the Lead standard (43 FR at 52933, Nov. 14, 1978) that ``PAPRs 
provide greater protection to individuals, especially those who cannot 
obtain a good face fit on a negative pressure respirator, and will 
provide greater comfort when a respirator needs to be worn for long 
periods of time. OSHA believes employees will have a greater incentive 
to wear respirators if discomfort is minimized.''
    OSHA continues to believe that under some circumstances PAPRs 
provide superior acceptability. These include situations where 
employees wear respirators for full shifts, where employees frequently 
readjust their negative pressure respirators to achieve what they 
consider a more comfortable or tighter fit, and where the air flow 
provided by a PAPR reduces the employee's psychological and 
physiological discomfort. However, where ambient temperatures are 
extremely high or low, PAPRs are often unacceptable because of the 
temperature of the airstream in the facepiece (See preamble to Coke 
Oven standard, 41 FR at 46774).
    OSHA's experience in enforcing standards that contain a provision 
requiring PAPRs to be supplied is that the provision is rarely invoked 
by employees, and even less rarely cited. The Agency continues to 
believe that it is good industrial hygiene practice to provide a 
respirator that the employee considers acceptable. Fit testing 
protocols require that employees have an opportunity to reject 
respirator facepieces that they consider unacceptable (See Appendix A).
    However, this record does not provide a sufficient basis for the 
Agency to require PAPRs upon employee request in all situations where 
the standard applies. For example, Popendorf et al. (Ex. 64-513) 
reported results from a survey of respirator users in indoor swine 
production, poultry production, and grain handling facilities. 
``Acceptability among four classes of respirators (disposable, quarter-
mask, half-mask and powered air-purifying helmets), varied among the 
three user groups. * * * Powered helmets were rated best for breathing 
ease, communication ease, skin comfort and in-mask temperature and 
humidity, while disposables were rated best for weight and 
convenience.'' OSHA emphasizes, however, that if the medical evaluation 
required by this standard finds that an employee's health may be 
impaired by using a negative pressure respirator, the employer must 
provide a PAPR (See paragraph (e)(6)(ii)).
Paragraph (d)(2)--Respirators for IDLH Atmospheres
    Paragraph (d)(2) covers respirators for use in atmospheres that are 
immediately dangerous to life or health (IDLH). The comparable 
provision in the proposal was paragraph (d)(10), which several 
commenters stated was not clearly written (Exs. 54-38, 54-167, 54-213, 
54-280, 54-297, 54-309, 54-455). OSHA has rewritten and reorganized the 
provision so that paragraph (d)(2) of the final rule covers all IDLH 
atmospheres, and paragraph (d)(3) covers all non-IDLH atmospheres.
    The standard requires that the most protective and reliable 
respirators be used for ILDH atmospheres: either a full facepiece 
pressure demand SCBA certified for a minimum service life of thirty 
minutes, or a combination full facepiece pressure demand supplied-air 
respirator with an auxiliary self-contained air supply (paragraph 
(d)(2)(i)). The proposal would have imposed the same requirement, 
except for the addition of the requirement for a minimum service life 
in the final rule.
    OSHA has determined, as have most respirator authorities, that IDLH 
atmospheres require the highest level of respiratory protection and 
reliability. These atmospheres, by definition, are the most dangerous 
environments in which respirators may be used. As OSHA explains in the 
summary and explanation for the definition of ``IDLH,'' the term 
includes atmospheres that pose an immediate threat to life or health, 
would cause irreversible adverse health effects, or would impair an 
employee's ability to escape. In these atmospheres there is no 
tolerance for respirator failure. This record supported OSHA's preamble 
statement that IDLH atmospheres ``require the most protective types of 
respirators for workers'' (59 FR 58896). Commenters and authorities, 
including NIOSH, ANSI, and both labor and management, agree that, for 
these atmospheres, the most highly protective respirators, with escape 
capability, should be required (See the NIOSH Respirator Decision 
Logic, pg. 10; ANSI Z88.2-1992, clause 7.3.2; Ex. 54-38).
    Paragraph (d)(2)(ii) requires employers to select respirators that 
are to be used exclusively for escape from IDLH atmospheres from those 
certified by NIOSH for escape from the atmosphere in which they will be 
used.

[[Page 1202]]

This provision addresses the selection of escape-only respirators from 
IDLH atmospheres involving different substances and situations. For 
example, under current 29 CFR 1910.1050, the standard covering exposure 
to methylenedianiline (MDA), escape respirators may be any full 
facepiece air-purifying respirator equipped with HEPA cartridges, or 
any positive pressure or continuous flow self-contained breathing 
apparatus with full facepiece or hood; for formaldehyde exposure, 
escape respirators may be a full facepiece with chin style, front, or 
back-mounted industrial canister approved against formaldehyde (29 CFR 
1910.1048).
    Paragraph (d)(2)(iii) requires employers to consider all oxygen-
deficient atmospheres to be IDLH atmospheres. An oxygen-deficient 
atmosphere is defined in paragraph (b) of the standard as one that 
contains less than 19.5 percent oxygen. Below this level, employers are 
required to use the same respirators as are required for IDLH 
atmospheres, i.e., a full facepiece pressure-demand supplied-air 
respirator with auxiliary SCBA or pressure-demand SCBA. This paragraph 
contains an exception to permit employers to use any supplied-air 
respirator, provided that the employer demonstrates that oxygen levels 
in the work area can be maintained within the ranges specified in Table 
II of the final rule, i.e., between 19.5 percent and a lower value that 
corresponds to an altitude-adjusted oxygen partial pressure equivalent 
to 16 percent oxygen by volume at sea level. The language of paragraph 
(d)(2)(iii), along with the exception, reflects the same requirement as 
that proposed, but avoids the potential confusion associated with 
having separate definitions and requirements for oxygen-deficient, and 
oxygen-deficient IDLH, atmospheres, as originally proposed. The 
language used in the final rule also reinforces OSHA's belief that all 
atmospheres containing less than 19.5 oxygen must be considered IDLH 
unless the employer has good information that oxygen levels cannot fall 
to dangerously low levels; in atmospheres below this level but falling 
within the ranges showin in Table II, a SAR must be provided.
    In the preamble discussion for paragraph (b), OSHA provided several 
reasons for the selection of the 19.5 percent cutoff to define oxygen 
deficiency. First, OSHA believes that consistency with the Agency's 
confined space standard is essential because most oxygen-deficient 
atmospheres will be associated with work in confined spaces. In the 
preamble to the permit-required confined space standard, 29 CFR 
1910.146(b), OSHA used the term ``asphyxiating atmosphere'' when 
referring to an atmosphere containing less than 19.5 percent oxygen (58 
FR 4466, January 14, 1993). In the confined space standard itself, OSHA 
included ``atmospheric oxygen concentrations [of] less than 19.5 
percent'' within the standard's definition of ``hazardous atmosphere.'' 
Using the same 19.5 percent cutoff point for defining an IDLH oxygen-
deficient atmosphere in this respiratory protection standard will 
reduce the potential for confusion. In addition, OSHA's use of a 19.5 
percent cutoff is consistent with the requirement that Grade D 
breathing air contain a minimum of 19.5 percent oxygen (See paragraph 
(i)).
    OSHA believes that employers will only rarely have occasion to 
avail themselves of the exception in paragraph (d)(2)(iii), which 
allows the use of any supplied-air respirator (SAR) if oxygen levels 
can be maintained within the ranges shown in Table II. Except for 
confined spaces, there were no examples in the record of work 
operations being routinely conducted in well-controlled atmospheres 
where oxygen levels are below 19.5 percent. Most atmospheres with 
oxygen content between 16 and 19.5 percent are not well-controlled, and 
a drop in oxygen content could have severe consequences. OSHA's review 
of enforcement data also confirms that, except for confined spaces, 
such atmospheres are uncommon, although they occasionally occur when 
work is conducted in basements, open pits, and other enclosed spaces. 
If an employer can meet the difficult evidentiary burden of showing 
that the oxygen content can be controlled reliably enough to remain 
within the ranges specified in Table II, the atmosphere is not 
considered IDLH under this standard, and the employer may provide any 
SAR.
    The low end of the ranges of oxygen concentrations in Table II are 
the same as those used to define oxygen-deficient IDLH atmospheres in 
the proposal: 16 percent oxygen by volume for altitudes from sea level 
to 3,000, and 19.5% oxygen content for altitudes above 8,001 feet. For 
altitudes from 3,001 to 8,000 feet, the listed oxygen concentrations 
correspond to an oxygen partial pressure of 100 mm mercury (Hg). OSHA 
explained in the proposal (59 FR at 58906) that these values are 
consistent with those in ANSI's Z88.2-1980 standard and with ANSI's 
definition of ``oxygen deficiency--immediately dangerous to life or 
health'' as a partial pressure of 100 mm Hg at sea level.
    ANSI's more recent 1992 standard permits lower oxygen 
concentrations before classifying an atmosphere as IDLH, provided that 
the employer has determined that the source of the oxygen reduction is 
understood and controlled. OSHA noted in the proposal that IDLH oxygen 
deficiency is now defined by ANSI as an oxygen content at sea level 
that is equivalent to less than 12.5% oxygen (i.e., an atmosphere with 
an oxygen partial pressure of 95 mm Hg or less). However, there is 
general agreement that employees could be seriously and rapidly 
debilitated if their supplied-air respirators should fail in a 12.5% 
oxygen atmosphere. OSHA stated in the proposal that that level 
represents the ``bare minimum safety factor.'' By choosing such a low 
oxygen partial pressure as the ``floor'' for oxygen-deficient IDLH 
atmospheres, the ANSI standard effectively removes any safety margin 
(59 FR 58905). ANSI representatives (Tr. 1289) agreed with OSHA during 
the hearing that OSHA's proposal offered a greater safety buffer than 
the 1992 ANSI standard. In addition, ANSI itself acknowledged in Table 
A-1 of its Z88.2-1992 standard (pg. 22, Ex. 54-50) that an oxygen level 
of 12.5% at sea level would produce effects such as ``Very poor 
judgment and coordination * * * impaired respiration that may cause 
permanent heart damage * * * nausea and vomiting.'' OSHA considers 
these effects unacceptable and intends this standard to prevent their 
occurrence. The ANSI table also states that a 16% oxygen level would 
produce effects such as ``Increased pulse and breathing rates * * * 
impaired thinking and attention * * * reduced coordination,'' and at an 
oxygen level of 14% effects would include ``Abnormal fatigue upon 
exertion * * * emotional upset * * * faulty coordination * * * poor 
judgment.'' All of these effects are potentially incompatible with the 
safe performance of duties.
    The ANSI table shows that the adverse health effects of oxygen 
deficiency become significant at the 16% oxygen level, and that these 
effects increase in severity as the oxygen level decreases. ANSI chose 
the 12.5% level because that level represents the point below which 
significant reductions in blood oxygen levels occur. As ANSI stated in 
clause A.5.2 of the Z88.2-1992 standard ``[t]his rapid rate of change 
then can present an unforgiving situation to an unprotected worker 
where debilitating physiological symptoms can appear suddenly, without 
warning, after only relatively

[[Page 1203]]

small changes in ambient oxygen levels.''
    The ANSI standard anticipates that all atmospheres with reduced 
oxygen levels would be treated as IDLH unless the source of the oxygen 
reduction is understood and controlled (Clause 7.3.1 ANSI Z88.2-1992). 
OSHA found that situations with controlled reduced-oxygen atmospheres 
(below 16% oxygen by volume) are rare and are already treated as an 
IDLH atmosphere by employers. Outside of confined spaces, such as in a 
pit or a basement, a reduced-oxygen atmosphere is rarely stable. 
Reduced-oxygen atmosphere situations may result as a byproduct of 
dynamic processes such as oxygen-consuming operations caused by the 
combustion of fuels or the digestion of organic matter. OSHA considers 
all confined spaces with atmospheric concentrations of less than 19.5% 
oxygen hazardous, and does not permit an oxygen level below 19.5% for 
occupied confined spaces (See 29 CFR 1910.146(b)), because it is 
difficult to ensure that, in a confined space, oxygen levels will not 
drop precipitously with little or no warning. The work being performed 
can itself reduce the oxygen levels, due to displacement of air by 
asphyxiants or through consumption of oxygen by work processes or by 
employees performing the work. Such sources of variability in oxygen 
content, even in workplaces where employers are attempting to stabilize 
the atmospheric oxygen content, can cause oxygen levels to drop to a 
lower level, placing workers at risk. Furthermore, the accurate 
monitoring of oxygen levels can be difficult, since sampling 
instruments test a limited number of areas, and pockets of lower oxygen 
content can exist inside a confined space or in a basement that can 
cause a worker to be overcome. Thus, OSHA has chosen an oxygen level of 
16% by volume as the level at which SCBA or an airline respirator with 
auxiliary air supply must be used because that is the level below which 
severe symptoms from oxygen deprivation first appear, because 
maintenance of oxygen levels below 16% is difficult, and because 
employees who are not protected risk their lives if an employer 
mistakenly believes oxygen content can be controlled.
    OSHA's determination that, at altitudes of up to 3,000 feet, 
atmospheres containing less than 16% oxygen must be considered IDLH was 
based on evidence that NIOSH submitted to the preproposal docket (See 
59 FR at 58905). NIOSH showed that in an oxygen concentration of less 
than 16% at sea level, employees may experience impaired attention, 
thinking and coordination. The American Thoracic Society (Ex. 54-92) 
questioned whether allowing work to be performed in an atmosphere with 
as little as 16% oxygen, with no supplemental oxygen supply, at 
altitudes below 3000 feet is sufficiently protective and suggested that 
mandatory medical examinations might be necessary in such circumstances 
to avoid pulmonary or cardiac disease complications. OSHA believes that 
this comment reflects some of the confusion among rulemaking 
participants concerning the proposed language covering oxygen 
deficiency. OSHA wishes to make clear that, in both the proposed and 
the final rules, employees are not permitted to work in atmospheres 
containing less than 19.5 percent oxygen without the use of a supplied-
air respirator. In the majority of these cases, employers will be 
obligated to provide highly protective respirators that can be used in 
IDLH conditions. In a few cases, employers may be able to justify use 
of any supplied-air respirator. In either case, employees will be 
provided a supplemental source of breathing air when working in oxygen-
deficient atmospheres.
    OSHA has not adopted NIOSH's recommendations that the IDLH 
concentration of oxygen be increased to a concentration above 19.5% for 
work above 8,001 feet. OSHA's experience confirms the record evidence 
that most work at higher altitudes is performed by fully acclimated 
workers (Exs. 54-6, 54-208). These provisions will allow acclimated 
workers to continue to perform their work without oxygen-supplying 
respirators, at any altitude up to 14,000 feet altitude, as long as the 
ambient oxygen content remains above 19.5% and the employee has no 
medical condition that would require the use of supplemental oxygen.
    As noted above, oxygen deficiency frequently occurs in atmospheres 
that are not well controlled, and OSHA's decision to consider all 
oxygen-deficient atmospheres as IDLH except under certain strict 
conditions is appropriate for work conducted in such dangerous 
conditions. The requirement to use the most protective and reliable 
respirators for IDLH atmospheres is proper to protect workers from the 
dire consequences of exposure to these atmospheres.
Paragraph (d)(3)--Respirators for Atmospheres That Are Not IDLH
    Paragraph (d)(3) sets out criteria and requirements for choosing 
respirators for all non-IDLH atmospheres. These provisions supplement 
the general requirements in paragraph (d)(1). This paragraph has been 
reordered from the parallel paragraph of the proposed standard.
    Paragraph (d)(3)(i) requires the employer to provide a respirator 
that is adequate to reduce the exposure of the respirator wearer under 
all conditions of use, including in reasonably foreseeable emergencies. 
Employers must also provide respirators that will ensure compliance 
with all other statutory and regulatory requirements, such as the 
permissible exposure limits (PELs) for substances in 29 CFR 1910.1000, 
substance-specific standards, and other OSHA standards. For example, 29 
CFR 1910.120 (g)(2) of OSHA's Hazardous Waste Operations and Emergency 
Response standard has additional exposure limits that apply to 
hazardous waste sites and emergency response operations. In addition, 
the general duty clause (Sec. 5(a)(1)) of the OSH Act may require 
employers to protect their employees from substances that are not 
regulated but that are known to be hazardous at the exposure levels 
encountered in the workplace. However, as was discussed at length in 
the ``Definitions'' section of this summary and explanation, the final 
standard does not use the term ``hazardous exposure levels,'' in part 
because the proposal was widely misunderstood to require compliance 
with ACGIH's TLVs or NIOSH's RELs in the absence of an OSHA standard. 
Moreover, as also noted above, this rulemaking does not address the 
hierarchy of exposure controls in paragraph (a)(1). Thus, employers may 
not rely on respirators to control exposures when feasible engineering 
controls are available and are sufficient to reduce exposures.
    As explained earlier, OSHA intends to address the issue of assigned 
protection factors (APFs) and their impact on respirator selection in a 
subsequent phase of this rulemaking. OSHA noted in the proposal (59 FR 
58901) that APFs are ``a recognition of the fact that different types 
of equipment provide different degrees of protection, and equipment 
limitations must be considered in selecting respirators.'' A respirator 
with a higher APF will provide more protection than a respirator with a 
lower APF. Considerable information on APFs has developed since OSHA 
adopted its existing standard in 1971. OSHA intends to promulgate APF 
provisions in the future. Accordingly, paragraphs (d)(3)(i) (A) and (B) 
are reserved at this time and will be addressed in the next phase of 
this rulemaking. In the interim, OSHA expects employers to take the 
best available information into account

[[Page 1204]]

in selecting respirators. As it did under the previous standard, OSHA 
itself will continue to refer to the NIOSH APFs in cases where it has 
not made a different determination in a substance-specific standard. In 
addition, where OSHA has specific compliance interpretations for 
certain respirators, e.g., respirators used for abrasive blasting (such 
as for lead), these should be followed.
    Based on the Agency's enforcement experience with the previous 
standard, OSHA does not believe that differences in the APFs set by 
NIOSH and ANSI will have a serious impact on respirator selection, 
because the major differences in NIOSH and ANSI APFs occur with 
respirators having APFs of 25 or greater, and most overexposures 
involve exposures at relatively small multiples of the PELs. An 
analysis of OSHA's Integrated Management Information System (IMIS) data 
showed that only 2 percent of the measurements taken by OSHA exceeded 
the PEL by more than 10 times.
    Paragraph (d)(3)(ii) of the final standard provides that the 
respirators selected must protect employees against the physical state 
and chemical form of the particular contaminant or contaminants present 
in the workplace. For air-purifying respirator selection, the form of 
the contaminant is a critical factor. Different types of air filtration 
respirators are needed for dusts and gases, for example, and, among 
gases, different types are needed for acid gases and for carbon 
monoxide. If the respirator is not equipped with a filter suitable for 
the form of the contaminant to which a worker is exposed, then the 
worker has no protection against that contaminant. No commenter opposed 
this requirement. ANSI's standard acknowledges that this information is 
critical to appropriate respirator selection (ANSI Z 88.2-1992, clause 
4.5.4.(b)).
    Paragraph (d)(3)(iii) covers respirator selection for protection 
against gases and vapors. OSHA's primary intent in this paragraph is to 
ensure that air-purifying respirators are not used in situations where 
a chemical cartridge or canister becomes saturated such that the gas or 
vapor contaminant can ``break through'' the filter's sorbent element 
and enter the respirator and the worker's breathing zone. If this 
happens, even correctly fitting, well-maintained respirators provide no 
protection to their users. This breakthrough problem is avoided 
entirely by the use of atmosphere-supplying respirators. Such 
respirators do not rely on filter sorbents and instead deliver clean 
outside air to the wearer's respirator.
    This paragraph establishes the requirements for selecting 
respirators for protection against gas and vapor contaminants. 
Paragraph (d)(3)(iii)(A) allows the use of atmosphere-supplying 
respirators against any gas or vapor, and paragraph (d)(3)(iii)(B) 
specifies the conditions under which air-purifying respirators may be 
used. These conditions protect users against the gas or vapor 
contaminant breaking through the canister/cartridge filter. Thus, this 
paragraph allows an air-purifying respirator to be used if it is 
equipped with a NIOSH-approved end-of-service life indicator (ESLI) 
(paragraph (d)(3)(iii)(B)(1)) or if the employer enforces a sorbent 
change schedule based on reliable information and data on the service 
life of cartridges and canisters used by the employer (paragraph 
(d)(3)(iii)(B)(2)).
    These provisions differ significantly from those in the proposal. 
In proposed paragraphs (d)(8) and (d)(9), OSHA would have allowed air-
purifying respirator use for gases and vapors with ``adequate warning 
properties,'' such as odor or irritation, and would not have imposed 
additional conditions on their use. A substance would have been 
considered to have adequate warning properties if the threshold for 
detection was no higher than three times the hazardous exposure level. 
For contaminants having poor warning properties, the standard as 
proposed would have required employers to use an ESLI or develop a 
cartridge/canister change schedule that would ensure replacement of the 
sorbent element before 80 percent of its useful service life had 
expired.
    Commenters expressed significant dissatisfaction with the proposed 
provisions, and some asked OSHA to reevaluate them in major respects 
(Exs. 54-414, 54-249, 54-374). Many rulemaking participants urged OSHA 
to rely much more heavily on end-of-service-life indicators (ESLIs) or 
appropriate cartridge or canister change schedules for air-purifying 
respirators, and some suggested that OSHA require NIOSH-certified ESLIs 
on these respirators (Exs. 54-387, 54-443). Other commenters opposed 
limiting the use of air-purifying respirators equipped with ESLIs or 
reliable change out schedules to situations where the odor/irritation 
threshold was less than three times the PEL. However, the Occidental 
Chemical Corporation (Ex. 54-346) stated that adopting this restriction 
would prohibit the use of air-purifying respirators for benzene 
exposures in excess of 3 ppm unnecessarily, and ``counter 10 years of 
effective employee protection that industry has provided.''
    Many other participants criticized the proposal's reliance on 
sensory thresholds such as odor and irritation to indicate when a 
respirator's filtering capacity is exhausted, stating that there is too 
much variation between individuals, that there is no good screening 
mechanism to identify persons with sensory receptor problems, and that 
the proposal would have allowed employees to be overexposed to 
hazardous air contaminants (Exs. 54-151, 54-153, 54-165, 54-202, 54-
206, 54-214, 54-414, 54-280, 54-386, 54-410, 54-427). Still other 
commenters suggested that the kind of respirator required should depend 
on the severity of the harm resulting from overexposure, with exposure 
to more serious hazards requiring supplied-air respirators (Exs. 54-
202, 54-212, 54-347). Finally, some commenters interpreted the proposed 
provision as prohibiting the use of air-purifying respirators against 
particulates ``without adequate warning properties'' (Ex. 54-309). 
This, according to the Associated Builders and Contractors (Ex. 54-
309), would require, for example, a ``pipefitter who is torch cutting 
metal with a galvanized coating to use an air-supplied respirator or 
SCBA--even when working outdoors * * * [and] could add one more item to 
the array of electrical power cords, pneumatic lines, and fall-
protection devices already attached to or trailing many construction 
workers.''
    ORC testified (Tr. 2164-65) that in general, the experience of most 
of its member companies is that most toxic substances do not have 
appropriate sensory warning properties. Indeed, in the preamble to its 
proposed Glycol Ethers standard, OSHA noted that reported values for 
the odor threshold of any substance vary widely, both because of 
differences between individuals' ability to perceive a particular odor 
and because of the methodology employed in conducting the odor 
threshold determination (58 FR 15526).
    NIOSH's ``Guide to Industrial Respiratory Protection--Appendix C'' 
reports that on average, 95% of a population will have a personal odor 
threshold that lies within the range from about one-sixteenth to 
sixteen times the reported mean odor threshold for a substance. As 
stated by Amoore and Hautala(1983):

[t]he interpretation of these data * * * will depend markedly on the 
individual circumstances. The threshold data * * * are based on 
averages for samples of the population, presumably in good health. 
Individuals can differ quite markedly from the population average in 
their smell sensitivity, due to any of a variety of innate,

[[Page 1205]]

chronic, or acute physiological conditions * * * Continuing exposure 
to an odor usually results in a gradual diminution or even 
disappearance of the smell sensation. This phenomenon is known as 
olfactory adaption or smell fatigue. If the adaption has not been 
too severe or too prolonged, sensitivity can often be restored by 
stepping aside for a few moments to an uncontaminated atmosphere, if 
available. Unfortunately, workers chronically exposed to a strong 
odor can develop a desensitization which persists up to two weeks or 
more after their departure from the contaminated atmosphere * * * 
Hydrogen sulfide and perhaps other dangerous gases can very quickly 
lose their characteristic odor at high concentrations * * * Certain 
commercial diffusible odor masking or suppressing agents may reduce 
the perceptibility of odors, without removing the chemical source.

    Other commenters agreed that odor threshold levels are so variable 
that it is ``virtually impossible'' to set general rules for uniform 
application (Moldex-Metric, Ex. 54-153; See also Phillips Petroleum, 
Ex. 54-165 and Ex. 54-151). OSHA notes that NIOSH, in its 1987 
Respirator Decision Logic (Ex. 9 at pg. 3) stated that ``[w]hen warning 
properties must be relied on as part of a respiratory protection 
program, the employer should accurately, validly, and reliably screen 
each prospective wearer for the ability to detect the warning 
properties of the hazardous substance(s) at exposure levels that are 
less than the exposure limits for the substance(s).''
    In light of this evidence, OSHA has reconsidered the conditions 
under which air-purifying respirators may be used. The final standard 
requires the use of ESLIs where they are available and appropriate for 
the employer's workplace, whether or not warning properties exist for a 
contaminant. If there is no ESLI available, the employer is required to 
develop a cartridge/canister change schedule based on available 
information and data that describe the service life of the sorbent 
elements against the contaminant present in the employer's workplace 
and that will ensure that sorbent elements are replaced before they are 
exhausted. Reliance on odor thresholds and other warning properties is 
no longer explicitly permitted in the final rule as the sole basis for 
determining that an air-purifying respirator will afford adequate 
protection against exposure to gas and vapor contaminants.
    To date, only five contaminant-specific ESLIs have been granted the 
NIOSH approval necessary to allow them to be used. To the extent that 
NIOSH certified end-of-service life indicators are available, OSHA 
finds that there are considerable benefits to their use. As a 
representative of the Mine Safety Appliances Company (MSA) testified 
(Tr. 821), ``ESLIs * * * simplify administration of the respirator 
program. The idea of trying to administer control on the change out 
schedule for these cartridges leads to human error or could lead to 
human error. Where the end-of-service-life indicator is a more active 
indicator for the actual respirator user that his cartridge needs 
replacement, it takes the guesswork out of the respirator program and 
change out schedule.''
    NIOSH has established rigorous testing criteria for end-of-service 
life indicators. An applicant must supply NIOSH with data 
``demonstrating that the ESLI is a reliable indicator of sorbent 
depletion (equal to or less than 90% of service life). These shall 
include a flow-temperature study at low and high temperatures, 
humidities, and contaminant concentrations which are representative of 
actual workplace conditions where a given respirator will be used * * 
*. Additional data concerning desorption of impregnating agents used in 
the indicator, on the effects of industrial interferences commonly 
found, on reaction products, and which predict the storage life of the 
indicator'' are also required (NIOSH 1987, Ex. 9 at 45-46). Other 
criteria cover the durability of an ESLI, and whether it interferes 
with respirator performance or otherwise constitutes a health or safety 
hazard to the wearer.
    OSHA finds that these rigorous testing requirements will ensure 
that employers who can rely on ESLIs can be confident that their 
employees are adequately protected while using air-purifying 
respirators against gas and vapor contaminants, and is therefore 
requiring their use in the final rule. One commenter pointed out that 
the use of cartridges with moisture-dependent end-of-service life 
indicators will allow dangerously high exposures in dry atmospheres 
(Ex. 54-455). However, the final rule requires the use of cartridges 
and canisters equipped with an ESLI only if its use is appropriate for 
the conditions of the employer's workplace. Thus, employers would not 
be required to rely on an ESLI if the employer could demonstrate that 
its use presents a hazard to employees.
    There was much agreement in the record that it would not be 
possible or feasible to require replacement of cartridges and canisters 
before 80 percent of the useful service life of the sorbent element had 
expired, primarily due to the lack of data available to employers to 
make this determination (Exs. 54-6, 54-48, 54-165, 54-178, 54-181, 54-
226, 54-231, 54-289, 54-374). To implement this requirement as it was 
proposed, the employer would need quantitative information that 
describes how long a cartridge or canister would last when challenged 
with a specific concentration of a gas or vapor. Such studies are 
called ``breakthrough studies'' and require the use of elaborate 
instrumentation and rigid test protocols. Several published 
breakthrough studies of a few dozen commonly used industrial chemicals 
are available in the literature (See, for example, Exs. 21-5, 21-7, 21-
8, 21-10, 38-13, 38-14, 38-15). OSHA recently used breakthrough data to 
develop a general cartridge and canister change schedule for air-
purifying respirators used against 1,3-butadiene (61 FR 56817). Under 
Section 5 of the Toxic Substances Control Act (TSCA), EPA's Office of 
Pollution Prevention and Toxics (OPPT) requires manufacturers and 
importers of new chemicals to conduct breakthrough studies and develop 
cartridge/canister change schedules based on this service life testing.
    As described above, however, comments to the record indicate that 
breakthrough test data are not likely to be available for many 
hazardous gases or vapors encountered in American workplaces. For 
example, one commenter agreed that, although there is a need to protect 
employees against contaminant breakthrough, it disagreed with relying 
on employer-devised schedules because there has not been enough 
breakthrough testing (Laidlaw Environmental Services, Ex. 54-178). The 
American Electric Power Service Corporation asked OSHA to provide 
needed guidance on how to assess the useful life of gas and vapor 
cartridges under widely varying conditions (Ex. 54-181).
    The record shows clearly that respirator manufacturers, chemical 
manufacturers, and even NIOSH must provide more information about how 
long respirator cartridges and canisters can be expected to provide 
protection for employees, as well as additional tools to assess whether 
the cartridges are still functioning. NIOSH's certification process 
does not require respirator manufacturers to provide information on the 
maximum or expected life span for gas and vapor cartridges. Nor do 
chemical manufacturers written specifications routinely include this 
information. The certification process tests only for minimum service 
life, which for most cartridges is 25 to 50 minutes, and for most 
canisters is 12 minutes (42 CFR part 84, Tables 6, 11). Also, as stated 
by Cohen and Garrison of the University of Michigan (Ex. 64-

[[Page 1206]]

 207, at 486), ``(c)urrent certification by NIOSH involves testing 
respirator cartridges containing activated carbon against carbon 
tetrachloride in the presence of water vapor. Testing cartridges with 
carbon tetrachloride cannot predict how other organic vapors will be 
adsorbed.''
    Alternatives to OSHA's proposal that were suggested by rulemaking 
participants included adopting the ANSI requirement to develop and 
implement a cartridge change schedule based on cartridge service data 
(which would require the use of breakthrough test data) and information 
on expected exposure and respirator use patterns (Ex. 54-273), or 
following manufacturers' recommendations for cartridge and canister use 
(Ex. 54-6). Therefore, in the final rule, OSHA is not retaining the 
proposed requirement for employers to ensure that chemical cartridges 
and canisters be replaced before 80 percent of their useful life. 
Instead, OSHA is requiring that employers develop cartridge/canister 
change schedules based on available data or information that can be 
relied upon to ensure that cartridges and canisters are changed before 
the end of their useful service life. Such information may include 
either information based on breakthrough test data or reliable use 
recommendations from the employer's respirator and/or chemical 
suppliers.
    Unlike the proposal, the requirement in the final rule would not 
require the employer to search for and analyze breakthrough test data, 
but instead permits the employer to obtain information from other 
sources who have the expertise and knowledge to be able to assist the 
employer to develop change schedules. OSHA has revised the final rule 
from the proposal in this manner to recognize that there may be 
instances in which specific breakthrough test data are not available 
for a particular contaminant, but manufacturers and suppliers may 
nevertheless still be able to provide guidance to an employer to 
develop an adequate change schedule. If the employer is unable to 
obtain such data, information, or recommendations to support the use of 
air-purifying respirators against the gases or vapors encountered in 
the employer's workplace, the final rule requires the employer to rely 
on atmosphere-supplied respirators because the employer can have no 
assurance that air-purifying respirators will provide adequate 
protection.
    Ideally, change schedules should be based on tests of cartridge/
canister breakthrough that were conducted under worst-case conditions 
of contaminant concentration, humidity, temperature and air flow rate 
through the filter element. One such protocol is described in the EPA 
Interim Recommendations for Determining Organic Vapor Cartridge Service 
Life for NIOSH Approved Respirators (dated May 1, 1991), as revised in 
May 1994. This protocol requires breakthrough testing at three 
different concentrations at 80 and 20 percent relative humidity. 
Additional testing is required if it is determined that the substance 
may be used in workplaces where there are elevated temperatures, or 
where breakthrough is evident at lower humidity. The protocol also 
requires manufacturers to develop change schedules that incorporate a 
safety factor of 60 percent of the measured service life.
    OSHA emphasizes that a conservative approach is recommended when 
evaluating service life testing data. Temperature, humidity, air flow 
through the filter, the work rate, and the presence of other potential 
interfering chemicals in the workplace all can have a serious effect on 
the service life of an air-purifying cartridge or canister. High 
temperature and humidity directly impact the performance of the 
activated carbon in air-purifying filters. OSHA believes that, in 
establishing a schedule for filter replacement, it is important to base 
the schedule on worst-case conditions found in the workplace, since 
this will provide the greatest margin for safety in using air-purifying 
respirators with gases and vapors. Thus, to the extent that change 
schedules are based on test data that were not obtained under similar 
worst-case conditions, OSHA recommends that employers provide an 
additional margin of safety to ensure that breakthrough is not likely 
to occur during respirator use. OSHA encourages respirator and chemical 
manufacturers to perform their own tests to provide appropriate 
breakthrough test data to employers, particularly to small companies 
with limited resources, for those situations where the data are not 
already publicly available.
    If breakthrough data are not available, the employer may seek other 
information on which to base a reliable cartridge/canister change 
schedule. OSHA believes that the most readily available alternative is 
for employers to rely on recommendations of their respirator and/or 
chemical suppliers. To be reliable, such recommendations should 
consider workplace-specific factors that are likely to affect 
cartridge/canister service life, such as concentrations of contaminants 
in the workplace air, patterns of respirator use (i.e., whether use is 
intermittent or continuous throughout the shift), and environmental 
factors including temperature and humidity. Such recommendations must 
be viewed by the employer in light of the employer's own past 
experience with respirator use. For example, reports by employees that 
they can detect the odor of vapors while respirators are being used 
suggest that cartridges or canisters should be changed more frequently.
    Another potential approach involves the use of mathematical models 
that have been developed to describe the physical and chemical 
interactions between the contaminant and sorbent material. Theoretical 
modeling has been conducted to determine the effect of contaminant 
concentration on breakthrough time and other similar relationships. It 
is generally agreed, however, that the relationships between 
contaminant concentrations, exposure durations, breathing rates, and 
breakthrough times are complex and heavily dependent upon assumptions 
concerning several factors, including environmental conditions (See 
references 1-8 in Ex. 64-331). As a result, predictive models are 
probably not likely to present an acceptable alternative for most 
employers, and their use would require that a considerable margin of 
safety be incorporated into any change schedule developed from such 
estimation techniques.
    Research is also underway to develop a field method for evaluating 
the service lives of organic vapor cartridges using a small carbon-
filled tube to sample air from the work environment. The principal 
investigator for this research stated in 1991 that ``(a) field 
evaluation of the method is currently underway. It is expected to be 
the final step in evaluating and validating the method for predicting 
the service lives of organic vapor respirator cartridges in workplace 
environments' (Ex. 64-208 at 42). Although OSHA cannot at this time 
evaluate the utility of this method because results of the field 
testing of this device have not been reported, the development of such 
tools to assist employers to better estimate cartridge/canister service 
times is encouraged, and their use would be permitted under the 
standard providing that the reliability of such a method had been 
appropriately demonstrated.
    Representatives of CMA testified in favor of requiring the employer 
to provide some written documentation for determining service life or a 
change out schedule (Tr. 1736-1737). OSHA agrees that it is important 
for the employer to

[[Page 1207]]

document the basis for establishing the change schedule and has 
included in paragraph (d)(3)(iii)(B)(2) a requirement for the employer 
to do so as part of his or her written respiratory protection program. 
The written respirator program is the proper place for employers to 
document change schedules, since the written program is the place where 
employers give specific directions on workplace-related operations and 
procedures for their employees to follow. The written program also 
documents the exposure measurements or reasonable estimates that were 
made, which form the basis of the calculations used to make the filter 
change schedules. Developing a filter change schedule involves a number 
of decisions. The employer must evaluate the hazardous exposure level, 
the performance capacity of the filters being used, and the duration of 
employee use of the respirator, which impact on the service life 
calculations. OSHA believes that including the basis for the change 
schedule in the written program will cause employers to better evaluate 
the quality and reliability of the underlying information, and will 
prompt the employer to obtain additional information, ask additional 
questions of their suppliers, or seek competent professional help to 
develop a change schedule that will ensure adequate performance of 
cartridges and canisters used in the employer's workplace.
    OSHA proposed in paragraph (d)(3)(ii) that, as part of the required 
selection evaluation, the employer evaluate the physical properties of 
the relevant contaminant and, in the preamble, listed ``the particle 
size for dusts'' as a factor affecting respirator selection (59 FR 
58900). ANSI recommended in its 1992 standard particle size/filter 
selection criteria as follows: if the contaminant is an aerosol, with 
an unknown particle size or a size less than 2 <greek-m>m, use a high 
efficiency filter; if the contaminant is a fume, use a filter approved 
for fumes or a high efficiency filter; and if the contaminant is an 
aerosol, with a particle size greater than 2 <greek-m>m, use any filter 
type (ANSI Z88.2-1992, clause 7.2.2.2.j, k, and l).
    NIOSH agreed with ANSI's recommendations insofar as particulate 
filtering respirators certified under former 30 CFR 11 are concerned. 
However, NIOSH expressed particular concern about very small particles: 
``Laboratory research beginning in the early 1970s, and continuing into 
the 1990s, demonstrated that some, but not all, members of the Dust 
Mist (DM) and Dust Fume Mist (DFM) filter classes allow significant 
penetration of submicron-sized particles. Additionally submicron 
particulates present special medical concerns because they can diffuse 
throughout the respiratory system * * *'' In NIOSH's new 42 CFR part 
84, classes of particulate filters now certified as filter series N, R, 
and P may be used against any size particulate in the workplace (Ex. 
54-437).
    Based on this evidence, OSHA has determined that where employees 
are exposed to submicron particles of a respiratory hazard, OSHA will 
enforce paragraph (d)(3)(iv) as limiting the use of DM and DFM filters 
certified under former 30 CFR 11 to employers who can demonstrate that 
exposure in their workplace is limited to particulates that have a mass 
median aerodynamic diameter of 2 <greek-m>m or larger. OSHA notes that 
employers have alternative choices to using HEPA filters where the 
sizes of particles are unknown or are less than 2 <greek-m>m. The new 
filter media certified by NIOSH under new 42 CFR part 84 as series N, R 
and P, may be used for any size particulate; however, where another 
OSHA standard requires the use of HEPA-filtered respirators, the 
employer may only use HEPA filters defined under 30 CFR 11 or N100, 
R100, or P100 filters defined under 42 CFR part 84.

Paragraph (e)--Medical Evaluation

    Medical evaluation to determine whether an employee is able to use 
a given respirator is an important element of an effective respiratory 
protection program and is necessary to prevent injuries, illnesses, and 
even, in rare cases, death from the physiological burden imposed by 
respirator use. The previous standard stated, at 29 CFR 
1910.134(b)(10), that employees should not be assigned to tasks 
requiring the use of respirators unless it has been determined that 
they are physically able to perform the work while using the 
respiratory equipment. That standard also provided that ``the local 
physician shall determine what health and physical conditions are 
pertinent,'' but listed no specific medical or workplace conditions to 
consider when making such a determination. The previous standard also 
stated that regular reviews of the medical status of respirator users 
should be undertaken, and suggested that a once yearly evaluation would 
be appropriate. Employers are thus aware of the need for medical 
evaluations of respirator users and have been conducting such 
evaluations as part of their respiratory protection programs for years.
    OSHA believes that, to ensure employee protection, medical 
evaluations for respirator use must be conducted before initial 
respirator use, and that such evaluations must consist of effective 
procedures and methods. Accordingly, the final standard's medical 
evaluation requirements for respirator use identify who is to be 
evaluated, and address the frequency and content of these evaluations. 
It authorizes licensed health care professionals, both physicians and 
nonphysicians, to evaluate employees for respirator use to the extent 
authorized by the scope of their state licensure, and to conduct 
follow-up medical evaluations based on specific indicators of need.
    In the proposal, OSHA described three alternative approaches to 
medical evaluation for respirator users. The first proposed alternative 
in the regulatory text would have required employers annually to obtain 
a physician's written opinion for every employee using a respirator for 
more than five hours in any work week. The physician's opinion was to 
inform the employer whether or not a medical examination of the 
employee was necessary and, if so, was to specify the content of the 
medical examination.
    The second proposed alternative required a mandatory medical 
history and examination, using questions and procedures similar to 
those contained in the ANSI standard on physical qualifications for 
respirator use, ANSI Z88.6-1984 (Ex. 38-4). This alternative would have 
applied only to employees using a respirator for more than five hours 
during any work week. Medical evaluation was to be performed annually 
and whenever an employee experienced breathing difficulty while being 
fitted for, or using, a respirator. The medical evaluation was to be 
conducted by a physician or a health care professional supervised by a 
physician, who, in arriving at a decision regarding the employee's 
medical ability for respirator use, was to consider a number of 
respirator and workplace conditions (e.g., type of respirator used, 
duration and frequency of respirator use, substances to which the 
employee is exposed, work effort and type of work, need for protective 
clothing, and special environmental conditions (e.g., heat, confined 
spaces)) that could affect the health and safety of respirator users. 
The resulting medical opinion, which was to be written by a physician, 
was to recommend any medical limitation on respirator use, and was to 
be provided to both the employer and employee. This proposed 
alternative contained an exemption for employees who had received a 
comparable medical history and examination within the previous year for 
the same respirator and conditions of respirator use. OSHA proposed a 
nonmandatory Appendix C

[[Page 1208]]

with this alternative that specified the elements of the medical 
evaluation.
    The third proposed alternative would have required that a medical 
questionnaire be administered to every respirator user, regardless of 
the duration of respirator use. The medical questionnaires could be 
administered by health professionals or other personnel who had been 
trained in medical administration by a physician. If the answers to the 
medical questionnaire showed that a medical examination was needed, the 
employee had to be provided such an examination (see 59 FR 58911). 
Medical examinations were to be mandatory for employees who would be 
required to use SCBAs when assigned to emergency or rescue operations. 
Medical examinations were to be conducted by physicians or physician-
supervised health care professionals. The medical opinion was to be 
written by a physician; consider the same respirator and workplace 
conditions specified for the second alternative; specify any medical 
limitations on respirator use; and be provided to both the employer and 
employee.
    In addition to proposing three medical evaluation alternatives, the 
proposal requested comments on medical removal protection, including 
the need to provide alternative respirators or job assignments to 
employees found to be medically unable to use the required respirator.
Overview of the Final Rule's Provisions
    The provisions of paragraph (e) in the final Respiratory Protection 
standard are based on an extensive review of the comments received on 
the proposal, especially comments regarding the three proposed medical 
evaluation alternatives. Final paragraph (e)(1) specifies that every 
employee must be medically evaluated prior to fit testing and initial 
use of a respirator. Paragraph (e)(2) states that employers must select 
a physician or other licensed health care professional (PLHCP) to 
conduct the medical evaluation, which must consist either of the 
administration of a medical questionnaire or an initial medical 
examination. Mandatory Appendix C contains the medical questionnaire to 
be administered to employees if the medical questionnaire approach is 
taken.
    Paragraph (e)(3) requires the employer to provide a follow-up 
medical examination to an employee who answers ``yes'' to any question 
among questions 1 through 8 in Section 2, Part A of the medical 
questionnaire in Appendix C. The follow-up medical examination is to 
consist of any tests, consultations, or diagnostic procedures that the 
PLHCP deems necessary.
    Paragraph (e)(4) specifies that the medical questionnaire and 
examinations shall be administered confidentially and at a time and 
place, during working hours, that is convenient to the employee, and 
that the employee understands the content of the questionnaire.
    Paragraph (e)(5) requires the employer to provide the PLHCP with 
specific information needed to make an informed decision about whether 
the employee is able to use a respirator. The information includes 
descriptions of the respirator to be used and workplace conditions that 
may impose physiological burdens on respirator users, or that may 
interact with an existing medical condition to increase the risk that 
respirator use will adversely affect the employee's health.
    Final paragraph (e)(6) requires the employer to obtain a written 
recommendation from the PLHCP on whether or not the employee is 
medically able to use a respirator. The recommendation must identify 
any limitations on the employee's use of the respirator, as well as the 
need for follow-up medical evaluations to assist the PLHCP in 
determining the effects of respirator use on the employee's health. The 
employee must receive a copy of the PLHCP's written recommendation. The 
last provision of paragraph (e)(6) requires that a powered air-
purifying respirator (PAPR) be provided to an employee when information 
from the medical evaluation shows that the employee can use a PAPR but 
not a negative pressure respirator. If the PLHCP determines at a 
subsequent time that the employee is able to use a negative pressure 
respirator, the employer is no longer required to provide a PAPR to 
that employee.
    Paragraph (e)(7) specifies circumstances that require the employer 
to provide additional medical evaluations to respirator users. Medical 
reevaluations must be provided under the following conditions: when the 
employee reports signs or symptoms that are relevant to the employee's 
ability to use a respirator; when a PLHCP, supervisor, or respirator 
program administrator informs the employer that an employee needs to be 
reevaluated; when information from the respirator program, including 
observations made during fit testing or program evaluation, indicates a 
need for employee reevaluation; or if a change in workplace conditions 
occurs that may result in a substantial increase in the physiological 
burden that respirator use places on the employee. The following 
paragraphs describe the comments received in connection with each 
medical evaluation requirement, and discuss OSHA's reasons for 
including each requirement in the final rule.
Introduction
    OSHA is including an introduction to the regulatory text that 
provides a brief rationale for requiring employers to implement a 
medical evaluation program as part of their overall respiratory 
protection program. The introduction is provided for informational 
purposes, and does not impose regulatory obligations on employers.
    The purpose of a medical evaluation program is to ensure that any 
employee required to use a respirator can tolerate the physiological 
burden associated with such use, including the burden imposed by the 
respirator itself (e.g., its weight and breathing resistance during 
both normal operation and under conditions of filter, canister, or 
cartridge overload); musculoskeletal stress (e.g., when the respirator 
to be worn is an SCBA); limitations on auditory, visual, and odor 
sensations; and isolation from the workplace environment (Exs. 113, 22-
1, 64-427). Certain job and workplace conditions in which a respirator 
is used can also impose a physiological load on the user; factors to be 
considered include the duration and frequency of respirator use, the 
level of physical work effort, the use of protective clothing, and the 
presence of temperature extremes or high humidity. Job- and workplace-
related stressors may interact with respirator characteristics to 
increase the physiological stress experienced by employees (Exs. 113, 
64-363). For example, being required to wear protective clothing while 
performing work that imposes a heavy workload can be highly stressful.
    Specific medical conditions can compromise an employee's ability to 
tolerate the physiological burdens imposed by respirator use, thereby 
placing the employee at increased risk of illness, injury, and even 
death (Exs. 64-363, 64-427). These medical conditions include 
cardiovascular and respiratory diseases (e.g., a history of high blood 
pressure, angina, heart attack, cardiac arrhythmias, stroke, asthma, 
chronic bronchitis, emphysema), reduced pulmonary function caused by 
other factors (e.g., smoking or prior exposure to respiratory hazards), 
neurological or musculoskeletal disorders (e.g., ringing in the ears, 
epilepsy, lower back pain), and impaired sensory function (e.g., a 
perforated ear drum, reduced olfactory

[[Page 1209]]

function). Psychological conditions, such as claustrophobia, can also 
impair the effective use of respirators by employees and may also 
cause, independent of physiological burdens, significant elevations in 
heart rate, blood pressure, and respiratory rate that can jeopardize 
the health of employees who are at high risk for cardiopulmonary 
disease (Ex. 22-14). One commenter (Ex. 54-429) emphasized the 
importance of evaluating claustrophobia and severe anxiety, noting that 
these conditions are often detected during respirator training.
    The introduction states that the medical evaluation requirements in 
paragraph (e) of the final rule are minimal requirements that OSHA 
believes are necessary to protect the health of respirator users.
Paragraph (e)(1)--General
    This paragraph requires that employees required to wear a 
respirator, or those voluntarily wearing a negative pressure air 
purifying respirator, be medically evaluated, and that a determination 
be made that they are able to use the respirators selected by the 
employer. A medical evaluation must be performed on every employee 
required to use a respirator, regardless of the duration and frequency 
of respirator use. In addition, as discussed above in connection with 
paragraph (c)(2), employers must provide a medical evaluation to any 
employee who elects to use a respirator that may place a physiological 
burden on the user, e.g., a negative pressure air-purifying respirator. 
By medically evaluating employees prior to respirator use, employers 
will avoid exposing employees to the physiological stresses associated 
with such use. Paragraph (e)(1) is similar to a provision in the 
American National Standards Institute (ANSI) consensus standard Z88.2-
1992 (``American National Standard for Respiratory Protection) that 
states: ``any medical conditions [of an employee] that would preclude 
the use of respirators shall be determined.''
    Commenters (Exs. 54-21, 54-307, 54-361, 54-419, 54-420, 54-421, 54-
441) generally agreed that medical evaluation should precede initial 
respirator use, i.e., should take place before fit testing and first 
time use of the respirator in the workplace. For example, the 
International Brotherhood of Electrical Workers (Ex. 54-441) stated, 
``The physical fitness of respirator users must be known prior to them 
donning a respirator, not after they become injured.'' Three other 
commenters (Exs. 54-419, 54-420, 54-421) agreed, without elaboration, 
that medical evaluations should be performed before respirator use. One 
commenter (Ex. 54-21) recommended that employees receive medical 
evaluations after fit testing but before actual use so that 
difficulties with respirator use during fit testing could be reported 
to the PLHCP, and two other commenters (Exs. 54-307, 54-361) also 
suggested that the medical evaluation be conducted prior to fit 
testing.
    OSHA believes that the initial medical evaluation must be conducted 
prior to fit testing to identify those employees who have medical 
conditions that contraindicate even the limited amount of respirator 
use associated with fit testing. If medical problems are observed 
during fit testing, the employee must be medically reevaluated (see 
final paragraph (e)(7)).
    Final paragraph (e)(1) requires the medical evaluation of employees 
who use respirators, regardless of duration of use. This final 
requirement differs from proposed alternatives 1 and 2, which would 
have exempted from medical evaluation those employees who used a 
respirator for five or fewer hours during any work week. The 
overwhelming majority of commenters stated that the exemption should be 
eliminated entirely or be limited only to those employees who are 
exposed to minimal physiological stresses or workplace hazards. These 
comments can be grouped, and are summarized, as follows:
    (1) If the five-hours-per-week threshold were used, employers would 
avoid the proposed medical evaluation requirement by rotating employees 
who use respirators into jobs not requiring respirators just short of 
the five-hour limit (Exs. 54-5, 54-165, 54-178, 54-419);
    (2) Employees who use respirators frequently for periods of less 
than five hours per work week, or who use respirators for more than 
five hours per work week but do so infrequently, are still at risk of 
the adverse health effects potentially associated with respirator use 
and, therefore, they should also be medically evaluated (Exs. 54-163, 
54-178, 54-308, 54-345);
    (3) The five-hour exemption should not apply to respirator use that 
is known to be physiologically burdensome (e.g., use of SCBAs by 
emergency responders) or to use under the job or working conditions 
(including hazardous exposures) that impose a significant physiological 
burden on employees (Exs. 54-5, 54-68, 54-92, 54-107, 54-137, 54-153, 
54-158, 54-159, 54-187, 54-194, 54-195, 54-206, 54-208, 54-213, 54-224, 
54-247, 54-264, 54-265, 54-275, 54-283, 54-290, 54-327, 54-342, 54-348, 
54-363, 54-395, 54-415, 54-427, 54-429, 54-453);
    (4) The five-hour exemption would be too difficult for OSHA to 
enforce or could not be administered effectively and efficiently by 
employers (Exs. 54-70, 54-136, 54-167, 54-196, 54-244, 54-250, 54-267, 
54-327, 54-348, 54-443);
    (5) The health of employees with preexisting medical problems would 
be endangered because these problems may go undetected until the five-
hour limit is reached (and, in some cases, may never be detected if 
employees ``self-select'' into jobs with little respirator use because 
of their medical problems) (Exs. 54-92, 54-159, 54-247, 54-415, 54-441, 
54-455); and
    (6) The five-hour exemption is not appropriate because every 
employee who uses a respirator should have a medical evaluation (Exs. 
54-6, 54-46, 54-79, 54-196, 54-202, 54-208, 54-214, 54-218, 54-233, 54-
272, 54-275, 54-287, 54-289, 54-295, 54-357, 54-394, 54-420, 54-424, 
54-430, 54-434, 54-453), or the exemption is arbitrary, has no 
scientific basis, or would increase an employer's risk of liability 
(Exs. 54-188, 54-434).
    Several commenters recommended that medical evaluation not be 
required for SCBA users (Exs. 54-68, 54-320, 54-331, 54-353); that 
medical evaluations for emergency responders be contingent on 
respirator use exceeding five hours per year (Ex. 54-429); or that 
emergency responders be exempted from medical evaluation requirements 
that are unique to employees who use airline respirators or SCBAs (Ex. 
54-420).
    Some commenters recommended adopting the five hours per week 
exemption (Exs. 54-14, 54-80, 54-91, 54-182, 54-220, 54-223, 54-224, 
54-252, 54-283, 54-319) to achieve cost savings and improve the 
efficiency of the respiratory protection program. Two commenters (Exs. 
54-177, 54-402) stated that the five-hour limit represented the point 
at which the effects of job-related physical stress should be medically 
evaluated. Although generally endorsing the provision, several 
commenters (Exs. 54-168, 54-206, 54-209, 54-295, 54-357, 54-366) found 
the phrase ``during any work week'' to be vague, confusing, or in need 
of being defined.
    Several commenters wanted the five hours per week limit revised 
upwards. One commenter (Ex. 54-300) recommended that the limit be 
raised to 10 hours per week, while another commenter (Ex. 54-249) 
endorsed a limit of 30 days per year. A third commenter (Ex. 54-116) 
stated that the limit could be increased, without

[[Page 1210]]

danger, to 10 hours per week for firefighters who use SCBAs, but 
presented no data to support this position, while three other 
commenters (Exs. 54-209, 54-254, 54-454) stated that a 10 or 15-hour 
per week limit could be tolerated without stress by most employees who 
use respirators. One commenter (Ex. 54-435) believed that the exemption 
should be broadened to cover seasonal employees because medical 
evaluations are too difficult to administer to these employees. Another 
commenter (Ex. 54-263) opposed any requirement for the medical 
evaluation of employees who use respirators.
    One commenter recommended that medical evaluations not be required 
for employees who use disposable half-mask or dust mask respirators, 
regardless of workplace exposure conditions (Ex. 54-329). A number of 
commenters suggested eliminating medical evaluations if employers 
choose to provide respirators to their employees (i.e., if they are not 
required by OSHA to provide such respirators) (Exs. 54-69, 54-91, 54-
265, 54-287, 54-295, 54-320, 54-327, 54-339, 54-346, 54-421); two of 
these commenters (Exs. 54-69, 54-339) expressed the concern that 
employers may stop offering respirators to their employees if medical 
evaluation is required in these cases.
    The final standard, as noted above, provides an exception from the 
requirement that employees who use dust masks on a voluntary-use basis, 
as defined in paragraph (c), must be medically evaluated. OSHA based 
the decision to require medical evaluation for all employees required 
to use respirators, and for those employees voluntarily using negative 
pressure respirators, on a number of scientific studies, discussed 
below, which demonstrated that adverse health effects can result, in 
some cases, even from short duration use of respirators. Several 
experimental studies in the record show that even healthy individuals 
using what is generally believed to be a ``low risk'' respirator for 
short periods can experience adverse physiological and psychomotor 
effects. In one experiment (Ex. 64-388), 12 individuals using low 
resistance, disposable half-mask respirators under heavy workloads 
(using a treadmill apparatus) for only five minutes experienced 
statistically significant elevations in heart and respiratory rates, 
systolic and diastolic blood pressure, and body temperatures compared 
with these measures in the same individuals under control (i.e., no 
respirator use) conditions. Some of these effects were observed while 
the study participants were working at light and moderate workloads. 
For two of these individuals, the study's author classified blood 
pressure changes at heavy workload levels as ``clinically important.'' 
These results suggest that in an individual with cardiac insufficiency, 
such physiological stress could cause fatal arrhythmia.
    In another study (Ex. 64-444), 15 individuals used a full facepiece 
respirator while performing light, moderate, and heavy workloads on a 
bicycle ergometer for 15 minutes. Immediately following the 15 minute 
exercise period, the ability of the individuals to maintain their 
equilibrium (i.e., postural stability) was assessed using a special 
platform designed for this purpose. Under every workload condition, 
respirator use resulted in significantly increased heart rates and 
impaired equilibrium compared to conditions when the individuals did 
not use respirators.
    A third study (Ex. 64-490) involved 12 individuals, each of whom 
exercised for 30 minutes on a bicycle ergometer at a light-to-moderate 
workload while using one of three types of respirators, i.e., 
disposable half-mask, negative pressure half-mask, and full facepiece 
airline respirators. After taking a 10 minute rest, the study 
participants repeated the procedure until each respirator type had been 
tested. Compared to the control condition in which the subjects 
exercised without respirators, the individuals were found to consume 
more oxygen while exercising with the negative pressure half-mask and 
full facepiece airline respirators, and to have higher systolic and 
diastolic blood pressures while using the full facepiece airline 
respirator. Under the test conditions of this study, therefore, 
negative pressure half-mask and full facepiece airline respirators 
imposed significant physiological stress on the respirator users.
    Louhevaara (Ex. 164, Attachment D), after reviewing the available 
research literature on respirator physiology, concluded that the major 
physiological effects of negative pressure respirators and supplied-air 
respirators, as well as SCBAs, are ``alterations in breathing patterns, 
hypoventilation, retention of carbon dioxide, and [an] increase in the 
work of breathing,'' and that these effects are worse under conditions 
of increased filter resistance, poor respirator maintenance, and heavy 
physical work. Sulotto et al. (Ex. 164, Attachment D) found that 
negative pressure respirators resulted in higher breathing resistances 
as physical workload on a bicycle ergometer increased, leading to 
substantially reduced breathing frequency, ventilation rate, oxygen 
uptake, and carbon dioxide production.
    One study (Ex. 164, Attachment D, Beckett) that reviewed the 
scientific literature on the medical effects of respirator-imposed 
breathing resistance among healthy young men noted that ``[t]hese and 
other studies indicate no clinically significant impairment of normal 
respiratory function at submaximal workloads with the loads imposed by 
currently approved, properly maintained, negative pressure respiratory 
protective devices.'' This reviewer stated further, however, that 
``[r]elatively less is known about the use of respirators by those with 
abnormal physiology (for example, obstructive or restrictive pulmonary 
diseases) and about the use of respirators whose resistance 
characteristics are altered by excessively long use, such that 
inspiratory resistance is increased by the deposition of matter within 
the filter or absorptive elements of the canister.''
    The Agency finds that these studies demonstrate the potential for 
adverse health effects resulting from respirator use, even for healthy 
employees using respirators designed for low breathing resistance and 
used for short durations. The Agency believes, therefore, that 
respirator use would impose a substantial risk of material impairment 
to the health of employees who have preexisting respiratory and 
cardiovascular impairments. As the earlier discussion of final 
paragraph (e)(1) indicates, the record contains overwhelming support 
for requiring medical evaluation of respirator users; many employers 
who provided comments to the record have established medical evaluation 
programs for all employees who use respirators (see, e.g., comments by 
Organization Resources Counselors, Inc., Ex. 54-424). Consequently, 
OSHA finds, consistent with the results of these studies and the entire 
record, that the use of any respirator requires a prior medical 
evaluation to determine fitness.
    Other considerations that have caused OSHA to make this decision 
are the potential impairment of health that may occur among employees 
with preexisting medical problems if these problems are not detected 
before respirator use; the need to identify medical problems that can 
arise even from short term use of respirators of the types known to 
impose severe physical stress on employees (e.g., SCBAs); and the 
administrative difficulties and inefficiencies that employers would 
experience if OSHA adopted a provision that required medical 
evaluations only of some respirator users, i.e., those using certain 
types of respirators or those

[[Page 1211]]

using them for a specified number of hours per week.
    OSHA specifically disagrees with those commenters who stated that 
no medical evaluations are needed for employees who only occasionally 
use SCBAs. SCBAs create the highest cardiovascular stress of any type 
of respirator because of their weight, and they are often used in high 
physical stress situations, such as fires and other emergencies. This 
combination of stressors makes medical evaluation necessary to avoid 
myocardial infarction in susceptible individuals; at least 40 million 
people in the United States have some form of heart disease (Levy, in 
54 FR 2541).
    One commenter (Ex. 54-284) recommended that the required medical 
evaluations should be discontinued after an employee stops using 
respirators. OSHA agrees with this recommendation, and has revised 
final paragraph (e)(1) accordingly.
Paragraph (e)(2)--Medical Evaluation Procedures
    Paragraph (e)(2)(i). This final paragraph requires the employer to 
identify a physician or other licensed health care professional (PLHCP) 
to perform medical evaluations using a medical questionnaire or medical 
examination. Two major issues were raised in the rulemaking record: (1) 
What must be done to evaluate employees, and (2) who must perform the 
evaluation. Proposed paragraphs (e)(1) and (e)(3) would have required 
physician involvement in the medical evaluation process, with 
nonphysician health care professionals permitted to review the 
employee's medical status only under the supervision of a licensed 
physician. The final rule allows the evaluation to be performed either 
by a physician or other licensed health care professional (e.g., nurse 
practitioners, physician assistants, occupational health nurses), 
provided that their license permits them to perform such evaluations.
    Many commenters, representing labor, management, occupational 
nurses, nurse practitioners, and physician assistants, recommended that 
OSHA permit the use of nonphysician health care professionals (usually 
nurse practitioners, physician assistants, occupational health nurses, 
or registered nurses) to take medical histories, conduct physical 
examinations (including pulmonary function tests), and administer and 
review employee responses to medical questionnaires, provided that they 
do so under the supervision of a licensed physician (Exs.54-6, 54-7, 
54-21, 54-134, 54-153, 54-157, 54-171, 54-176, 54-185, 54-187, 54-205, 
54-239, 54-240, 54-244, 54-245, 54-251, 54-267, 54-273, 54-304, 54-357, 
54-363, 54-381, 54-387, 54-389, 54-396, 54-424, 54-432, 54-443, 54-
453). Some commenters stated that nonphysician health care 
professionals are competent to conduct medical assessments, while 
physician supervision or involvement would guarantee that quality 
control was maintained over the assessment process (Exs. 54-273, 54-
363, 54-381, 54-443, 54-453). Two of these commenters (Exs. 54-278, 54-
430) noted that any health care professional could review medical 
questionnaires without physician supervision, but that physicians 
should conduct or supervise any medical examinations conducted on the 
basis of answers to the medical questionnaires.
    Many other commenters, representing labor, management, and 
physicians, preferred that only physicians be involved in medical 
evaluation programs (Exs. 54-14, 54-46, 54-70, 54-101, 54-107, 54-150, 
54-151, 54-165, 54-175, 54-180, 54-186, 54-189, 54-199, 54-217, 54-219, 
54-220, 54-249, 54-271, 54-295, 54-313, 54-352, 54-455). This 
preference was usually based on the prior or current practices of these 
commenters. For example, the American College of Occupational and 
Environmental Medicine (ACOEM) (Ex. 54-453) stated that the health 
status of employees in a respiratory protection program should be 
reviewed by physicians with specific training and experience in 
occupational medicine because these medical specialists have knowledge 
of the physical demands of respirator use needed to make valid 
decisions regarding an employee's medical ability for the program. A 
similar recommendation was made by the Service Employees International 
Union (Ex. 54-455).
    Some commenters recommended that the employee's medical ability to 
use a respirator be evaluated solely by nonphysician health care 
professionals (Exs. 54-16, 54-19, 54-25, 54-32, 54-79, 54-159, 54-184, 
54-213, 54-222, 54-226, 54-253, 54-265, 54-272, 54-278, 54-397). Most 
of these commenters cited their favorable experiences with nonphysician 
health care professionals, and pointed to the cost savings of using 
nonphysicians (Exs. 54-19, 54-79, 54-184, 54-226, 54-253). Several of 
these commenters provided additional justifications. For example, one 
commenter (Ex. 54-184) stated that ``physician assistants, by 
education, training, and state regulation, are well qualified and 
legally able to perform all aspects of a medical evaluation,'' and 
argued that the scope of practice with regard to medical evaluations 
should remain the prerogative of state licensing boards.
    Another commenter (Ex. 54-213) noted that ``many physicians are not 
familiar with occupational health risks as they relate to respiratory 
exposures, types of respiratory protection available, and work 
requirements.'' This commenter stated further that ``nurse[s] or other 
qualified health care professional[s], operating within their licensed 
scope of practice, [have] clinical expertise and knowledge of the work 
environment and can best evaluate the physical requirements placed on 
the user of respiratory protective equipment'' and that ``[u]se of 
qualified health care professionals other than physicians is cost-
beneficial to employers, particularly [in] small business settings'' 
(Ex. 54-213).
    The American Thoracic Society (Ex. 54-92), which recommended the 
use of medical questionnaires rather than medical examinations, stated 
that ``there is no demonstration that [physician-based] examinations 
actually predict who will develop difficulties with respirator use'' 
because ``[v]ery few physicians have in-depth knowledge of respiratory 
protection and workplace hazards sufficient to render a fully reasoned 
view.''
    None of the commenters, including those who used nonphysician 
health care professionals to conduct medical evaluations as part of 
their respiratory protection programs, cited any data or experience 
showing that the type of PLHCP qualification and licensure, or the 
manner in which PLHCPs are involved in the medical evaluation process, 
had compromised the medical evaluation process or had resulted in 
faulty medical evaluations.
    After reviewing the entire record, OSHA decided to allow any PLHCP 
to evaluate an employee's medical ability to use a respirator, 
providing that the PLHCP is authorized to do so by his or her state 
license, certification, or registration. Although OSHA agrees that 
physicians with training and experience in occupational medicine are 
highly qualified to conduct medical evaluations for respirator use, an 
insufficient number (slightly more than 2,000 nationally) of these 
specialists are available for this purpose (personal communication, 
American Board of Medical Specialties, to Vanessa Holland, M.D., 5/29/
97). In addition, in circumstances where questions arise as to the 
employee's physical condition and capability, OSHA believes that the 
PLHCP can be relied on to consult with an appropriate specialist or 
physician.

[[Page 1212]]

    After a review of the licensing provisions of the 50 states and 
Puerto Rico, OSHA concludes that state licensing laws often require 
some physician involvement in conducting the medical evaluations 
required by the final standard. For example, the majority of states 
require that nurse practitioners perform their medical functions under 
a formal written agreement with a physician. Only six states (i.e., 
Montana, New Mexico, North Dakota, Oregon, Vermont, and Washington) and 
Puerto Rico allow licensed nurse practitioners to function 
independently of physician supervision. Even these jurisdictions, 
however, require licensed nurse practitioners to refer patients to a 
physician for further evaluation and treatment when a medical problem 
beyond the nurse practitioner's level of expertise arises. OSHA 
believes that the states are best suited to judge the medical 
competencies of those PLHCPs who practice within their jurisdictions, 
and to regulate the scope of practice of these individuals.
    To summarize, the final rule allows any PLHCP to administer the 
medical questionnaire or to conduct the medical examination if doing so 
is within the scope of the PLHCP's license. The basis for this decision 
includes the following:
    (1) The record (Exs. 54-19, 54-79, 54-92, 54-184, 54-253) generally 
supports the position that properly qualified PLHCPs, regardless of the 
type of health care specialization, are competent to assess the medical 
ability of employees to use respirators using accepted medical 
questionnaires or medical examinations;
    (2) Evidence in the record that employers who operate respiratory 
protection programs have successfully used PLHCPS, including 
nonphysicians, to conduct medical evaluations and to make medical 
ability recommendations, shows that nonphysicians have done so safely 
and efficaciously (Exs. 54-213, 54-240, 54-389);
    (3) Providing employers with ready access, at reasonable cost, to 
the basic medical assessment skills required to perform at least the 
initial phases of employee medical evaluation for respirator use 
contributes to the efficient and effective allocation health care 
resources; and
    (4) The lack of record support for a requirement allowing medical 
evaluations to be performed only by physicians. The record (Exs. 54-6, 
54-7, 54-21, 54-134, 54-153, 54-157, 54-171, 54-176, 54-185, 54-187, 
54-205, 54-239, 54-240, 54-244, 54-245, 54-251, 54-267, 54-273, 54-304, 
54-357, 54-363, 54-381, 54-387, 54-389, 54-396, 54-424, 54-432, 54-443, 
54-453) indicates that medical evaluations performed independently by 
nonphysician health care professionals, as defined by this section, are 
effective for at least the initial phases of an employer's medical 
evaluation program (i.e., evaluating the medical questionnaire or 
conducting an initial medical examination), and protect employee health 
as well as medical evaluations conducted only by physicians or with 
physician oversight. Employers are free, however, to select any PLHCP 
they wish to satisfy this requirement, provided that the PLHCP is 
qualified by license to do so. In some cases, the medical condition of 
the employee or the conditions of respirator use may warrant physician 
involvement, and OSHA is confident that LHCPs faced with such 
situations will seek such medical advice.
    Paragraph (e)(2)(ii). Paragraph (e)(2)(i) requires employers to 
identify a PLHCP to perform the medical evaluations required by the 
final rule. It also specifies that employers may choose to use the 
medical questionnaire in Appendix C to conduct the initial medical 
evaluation or provide a medical examination that obtains the same 
information as the medical questionnaire. Employers are free to provide 
respirator users with a medical examination in lieu of the medical 
questionnaire if they choose to do so, but they are not required by the 
standard to administer a medical examination unless the employee gives 
a positive response to any question among questions 1 through 8 in 
Section 2, Part A of Appendix C (see paragraph (e)(3)).
    The approach taken in the final rule thus resembles the third 
alternative proposed by OSHA in the NPRM: reliance on a medical 
questionnaire (with medical examination follow-up if positive responses 
are given to selected questions on the medical questionnaire). Those 
commenters (Exs. 54-3, 54-14, 54-46, 54-67, 54-107, 54-151, 54-168, 54-
175, 54-180, 54-218, 54-220, 54-224, 54-226, 54-227, 54-240, 54-244, 
54-264, 54-292, 54-294, 54-295, 54-324, 54-326, 54-327, 54-339, 54-346, 
54-352, 54-366, 54-370, 54-210, 54-432, 54-434, 54-443, 54-445, 54-453) 
who preferred the other alternatives (i.e., medical history and medical 
examination for all respirator users, or medical examination and 
written opinion) supported their views with a variety of opinions.
    A number of the commenters who recommended the medical history and 
examination alternative (Exs. 54-153, 54-165, 54-218, 54-226, 54-227, 
54-263, 54-264, 54-294, 54-326, 54-327, 54-363, 54-443) favored this 
approach only in those cases when employees would be using SCBAs, while 
others (Exs. 54-16, 54-220) stated that medical questionnaires should 
be used only for employees who use dust masks, and that other 
respirator users should receive a medical history and examination 
regardless of the duration of respirator use. Another commenter (Ex. 
54-101) recommended that medical questionnaires be administered to 
employees who use dust masks for fewer than five hours per week, while 
other employees should receive a medical history and examination. One 
commenter favored medical questionnaires only for respirator users who 
perform ``isolated operations,'' while recommending that respirator use 
in other employment settings require a medical history and/or 
examination (Ex. 54-46). Another commenter stated that employees using 
respirators under workplace exposure conditions exceeding an OSHA PEL 
should receive a medical history and examination, while respirator 
users exposed to other workplace atmospheres should only be required to 
complete a medical questionnaire (Ex. 54-339).
    Those commenters (Exs. 54-7, 54-16, 54-21, 54-25, 54-32, 54-69, 54-
91, 54-92, 54-101, 54-134, 54-142, 54-153, 54-154, 54-157, 54-158, 54-
165, 54-170, 54-171, 54-172, 54-173, 54-176, 54-187, 54-190, 54-192, 
54-154, 54-197, 54-205, 54-206, 54-208, 54-209, 54-213, 54-14, 54-219, 
54-222, 54-223, 54-234, 54-239, 54-241, 54-242, 54-245, 54-251, 54-252, 
54-253, 54-254, 54-262, 54-263, 54-265, 54-267, 54-269, 54-272, 54-273, 
54-275, 54-278, 54-284, 54-286, 54-289, 54-296, 54-304, 54-309, 54-319, 
54-320, 54-325, 54-330, 54-332, 54-334, 54-342, 54-350, 54-357, 54-361, 
54-363, 54-381, 54-389, 54-396, 54-401, 54-421, 54-424, 54-426, 54-428, 
54-429, 54-430, 54-441, 54-453, 54-455) recommending medical 
questionnaires (proposed alternative 3) objected to the medical 
examination and written opinion approaches because, in their view, 
medical examinations and opinions are difficult to obtain, have poor 
predictive value, and are expensive, especially for workplaces that 
have high employee turnover. Regarding costs, the American Iron and 
Steel Institute (Ex. 175) stated that the medical opinion required by 
alternative 1 would cost their industry $195 per employee, including 
$150 for the medical examination and opinion, and $45 in lost work time 
for the employee.
    The record does not demonstrate that any of the three alternatives 
were

[[Page 1213]]

superior in detecting medical conditions that could potentially limit 
employee use of respirators. Testimony at the hearing by the United 
Steel Workers of America (USWA) (Tr. 1059 and following) in support of 
alternative 2 (medical history and examination) provided information on 
the ability of different medical assessment procedures to detect 
disqualifying medical conditions. This information showed that, among 
126 employees, 16 were disqualified for respirator use because of 
various medical conditions. Medical histories identified six of the 
employees with these conditions, while a medical examination conducted 
by a physician identified the remaining 10 employees. The USWA 
attributed the reduced effectiveness of the medical histories in this 
instance to the lack of awareness among employees of the medical 
conditions that could potentially limit such use.
    The United Steel Worker's testimony (Tr. 1059 and following) also 
described a study in which physician-administered medical examinations 
were found to be about 95 percent accurate and medical questionnaires 
were found to be 60 to 70 percent accurate in identifying specific 
medical problems. The final rule is designed to overcome this problem 
to some extent by requiring that employees be trained to recognize the 
medical signs and symptoms associated with the physiological burden 
imposed by respirator use; see paragraph (k)(1)(vi).
    A number of commenters supported the medical questionnaire option 
on the grounds that this approach is more efficient and effective. The 
United States Air Force (Ex. 54-443G) stated, ``After working under the 
provisions of [proposed] alternative 2 for several years and comparing 
the Air Force's occupational health and cost savings by reducing 
unnecessary medical evaluations and freeing physician time under 
[proposed] alternative 3, the Air Force supports [proposed] alternative 
3.'' Similarly, the CITGO Petroleum Corporation (Ex. 54-251) endorsed 
medical questionnaires as more cost-effective than medical 
examinations. CITGO administered medical examinations to a sample of 
1634 employees in 1994 to detect respiratory disorders, a major medical 
concern for respiratory protection programs, and identified only one 
abnormal case that was confirmed after referral for follow-up medical 
examination.
    An additional study involving validation of medical questionnaires 
was described by Organization Resources Counselors, Inc. (ORC) (Ex. 54-
424). One of ORC's member companies, a large, diversified manufacturing 
organization, recently reviewed approximately 700 records of employee 
respirator medical examinations to determine the effectiveness of using 
a medical questionnaire as a screening tool. This company currently 
gives all respirator users a full medical examination in addition to 
having them fill out a medical questionnaire. The records review 
revealed that, out of 700 examinations, only 10 (less than 2%) required 
medical limitations on respirator use. These limitations were due to 
claustrophobia, asthma, and heavy smoking. All of these limitations 
would have been identified, in the company's view, by a medical 
questionnaire. The employees identified through the medical 
questionnaire could then have been given a complete medical 
examination. By using the medical questionnaire as a screening tool, 
this company believes it could have eliminated unnecessary examinations 
for 98% of its worker population.
    A private physician and three management groups (Exs. 54-32, 54-
424, 55-29, 155) submitted medical questionnaires to the record and 
expressed satisfaction with these medical questionnaires, in terms of 
both the medical conditions that were detected and the administrative 
efficiency of the process; these commenters, however, recommended that 
physicians be involved in reviewing the medical questionnaires. Several 
commenters (Exs. 54-70, 54-159, 54-215) endorsed the medical evaluation 
procedures specified in the American National Standard Institute's 
(ANSI) consensus standard Z88.6-1984, titled ``American National 
Standard for Respiratory Protection--Respirator Use--Physical 
Qualifications for Personnel.'' This ANSI standard recommends that a 
medical history questionnaire be administered to employees who are 
enrolled in respiratory protection programs, and that a physician 
review each employee's responses to the medical questionnaire to 
determine if additional medical examinations are required.
    OSHA concludes that information in the record supports the use of 
medical questionnaires for detecting medical conditions that may 
disqualify employees from, or limit employee participation in, 
respiratory protection programs. OSHA believes that the ORC study (Ex. 
54-424) provides support for the conclusion that medical questionnaires 
are an efficient and effective means of screening employees for 
subsequent medical examination. OSHA also believes that the training 
required by paragraph (k)(1) of the final rule, which requires that 
employees understand the limitations of respirator use and recognize 
the signs and symptoms of medical problems associated with respirator 
use, will increase employee awareness and overcome the problems that 
the USWA (Tr. 1059 and following) noted in its testimony. A number of 
commenters (Exs. 54-107, 54-151, 54-153, 54-165, 54-190, 54-218, 54-
251, 54-253, 54-272, 54-339, 54-361, 54-401) stated that medical 
questionnaires had several advantages over the other alternatives, 
including simplicity and efficiency of use, completeness and accuracy 
of the medical information obtained, and adaptability (i.e., easily 
revised to accommodate new or different medical problems, different 
employee groups, and changing job, workplace, and respirator 
conditions). An additional advantage of medical questionnaires is lower 
cost, most notably in terms of development, administration, and 
analysis.
    Employers are free to use medical examinations instead of medical 
questionnaires, but are not required by the standard to do so (see 
paragraph (e)(2) of the final standard). OSHA also recognizes that 
medical examinations are necessary in some cases, e.g., where the 
employee's responses to the medical questionnaire indicate the presence 
of a medical condition that could increase the risk of adverse health 
effects if a respirator is used. Examples of such cases are employees 
who report a history of smoking, pulmonary or cardiovascular symptoms 
or problems, eye irritation, nose, throat, or skin problems, vision or 
hearing problems (for employees who use full facepiece respirators), 
and musculoskeletal problems (for employees who use SCBAs). In 
addition, certain workplace conditions or job requirements, such as 
SCBA use, being an emergency responder or a member of a HAZMAT team, 
working in an IDLH atmosphere, wearing heavy protective clothing, or 
performing heavy physical work, may warrant a medical examination. In 
the future, however, OSHA may, on a case-by-case basis, require medical 
examinations to detect respirator-related conditions in its substance-
specific standards, depending on the particular circumstances and 
physiological effects of the toxic substance being regulated.
    The medical questionnaire in Appendix C of the final standard is 
based on the medical history questionnaire contained in ANSI Z88.6-
1984, as well as medical questionnaires submitted to the record by 
commenters

[[Page 1214]]

(Exs. 54-32, 54-424, 55-29). The medical questionnaire is designed to 
identify general medical conditions that place employees who use 
respirators at risk of serious medical consequences, and includes 
questions addressing these conditions. These medical conditions include 
seizures, diabetes, respiratory disorders and chronic lung disease, and 
cardiovascular problems. As the discussion of the Introduction and 
paragraphs (e)(1) and (5) in this Summary and Explanation demonstrate, 
these conditions have been found to increase the risk of material 
impairment among employees who use respirators. A question asking about 
fear of tight or enclosed spaces was included in the medical 
questionnaire because claustrophobia and anxiety associated with such 
spaces were mentioned by a commenter as the most frequent medical 
problem detected during respirator training (Ex. 54-429); additionally, 
research submitted to the record (Ex. 164, Attachment D, Morgan) 
indicates that more than 10 per cent of ``normal'' young men experience 
dizziness, claustrophobia, or anxiety attacks while exercising during 
respirator use.
    Questions 10 through 15 of the medical questionnaire in Appendix C 
must be answered only by employees who use a full facepiece respirator 
or SCBA. These questions ask about hearing and vision impairments, as 
well as back and other musculoskeletal problems. Employees who use full 
facepiece respirators, for example, must be asked about eye and hearing 
problems because the configuration of these respirators (e.g., helmets, 
hoods) can add to the limitations associated with existing visual and 
auditory impairments, resulting in an elevated risk of injury to 
employees with such impairments, as well as to other employees who may 
rely on the impaired employee to warn them of emergencies (Ex. 164, 
Attachment D, Beckett). The heavy weight and range-of-motion 
limitations of SCBAs may prevent employees who have existing problems 
in the lower back or upper or lower extremities from using these 
respirators.
    A physician (Ex. 54-16) commented that an employee's medical 
history should be considered by the PLHCP in making a recommendation 
about the employee's ability to use respirators. This commenter 
specified a number of prior medical conditions, including those 
involving cardiovascular and respiratory health, psychological 
variables, neurological and sensory organ status, endocrine function, 
and the use of medications that would be useful to PLHCPs in arriving 
at a medical ability recommendation. OSHA believes that these 
variables, especially cardiovascular and respiratory fitness, are 
important determinants of respiratory fitness, and, therefore, included 
items specific to these medical conditions in the medical 
questionnaire. OSHA concludes that the employee's answers to the 
medical questionnaire will provide an adequate medical history for the 
PLHCP.
    Two commenters (Exs. 54-222, 54-251) requested that OSHA define 
medical evaluation procedures and provided sample definitions. OSHA 
believes that the regulatory text of the final rule, which has been 
clarified and simplified since the proposal, provides clear guidance 
and that these definitions are, therefore, not necessary. As used in 
the final rule, ``medical evaluation'' means the use of subjective 
(e.g., medical questionnaires) or objective methods (e.g., medical 
examinations), as well as other available medical, occupational, and 
respirator information, to make a determination or recommendation about 
an employee's medical ability to use respirators; ``medical 
examination'' means the use of objective methods (i.e., manipulative, 
physiological, biochemical, or psychological devices, techniques, or 
procedures) to directly assess the employee's physical and mental 
status for the purpose of making a recommendation regarding the 
employee's medical ability to use the respirator.
Paragraph (e)(3)--Follow-up Medical Examination
    Paragraph (e)(3) addresses follow-up medical examinations and 
states that the employer must provide such examinations to any employee 
who gives a positive response to any question among questions 1 through 
8 in Section 2, part A in Appendix C. The PLHCP is free to include any 
medical tests, consultations, or diagnostic procedures that he or she 
determines to be necessary to assist him or her in making a final 
determination of the employee's ability to use a respirator. OSHA 
expects that the number of cases where PLHCPs will have to provide 
follow-up examinations will be small, because it is generally possible 
to recommend against respirator use, or determine the limitations to 
place on an employee's use of respirators, on the basis of responses to 
the medical questionnaire. However, where difficult medical issues are 
involved, such as the need to make a differential diagnosis or to 
assess an employee's ability to handle the physical stress imposed by 
an extra-hazardous job, a medical examination and involvement of a 
physician may be needed. Many commenters (Exs. 54-92, 54-101, 54-134, 
54-171, 54-223, 54-278, 54-304, 54-363, 54-389) endorsed this 
requirement. Two commenters (Exs. 54-151, 54-189) stated that medical 
examinations should not be limited to answers on the medical 
questionnaire that indicate a need for medical examinations. A few 
commenters (Exs. 54-153, 54-176, 54-218) recommended that a mandatory 
medical examination requirement based on the employee's responses to 
the medical questionnaire is wasteful and unnecessary.
    OSHA agrees that PLHCPs should be permitted to obtain any medical 
information they believe would be useful in arriving at a final medical 
recommendation, and they should not be limited to investigating 
problems associated only with answers on the medical questionnaire. 
Information from medical examinations may also be needed to validate an 
answer that a PLHCP believes is incorrect. Also, as recommended by ORC 
(Ex. 54-424), a PLHCP should be free to investigate through medical 
examination any medical conditions related to respirator use that may 
not have been addressed by the medical questionnaire or may not have 
been obtained from other sources.
Paragraph (e)(4)--Administration of the Medical Questionnaire and 
Examinations
    Paragraph (e)(4)(i). This paragraph sets out the procedures 
employers must follow when administering the medical questionnaire or 
examinations required by paragraph (e)(2). Paragraph (e)(4)(i) requires 
employers to administer the required medical questionnaire or 
examinations in a manner that protects the confidentiality of the 
employee being evaluated. In addition, the evaluation must be 
administered during normal work hours or at a time and place convenient 
to the employee, and in a manner that ensures that the employee 
understands the questions on the medical questionnaire. Although this 
requirement was not specifically proposed, it is consistent with OSHA 
policy and with Section 6(b)(7) of the Act. OSHA has included similar 
requirements in a number of substance-specific health standards (see, 
e.g., the Cadmium standard, 29 CFR 1910.1027, the Lead standard, 29 CFR 
1910.1025, and the Benzene standard, 29 CFR 1910.1043). If an employee 
must travel off-site for medical evaluation, travel arrangements must 
be made, and costs incurred paid or reimbursed, by the employer.
    The final standard differs from the proposal in that it does not 
specify who

[[Page 1215]]

must supervise the administration of the medical questionnaire. 
Alternative 3 in the proposal would have required that the medical 
questionnaires be administered by ``a health professional or a person 
trained in administering the questionnaire by a physician.'' (See 59 FR 
58911.) Commenters (Exs. 54-25, 54-69, 54-153, 54-165, 54-190, 54-218, 
54-251, 54-253, 54-272, 54-339, 54-361, 54-401) recommended that 
persons performing this function have various qualifications, e.g., be 
a trained designee of the employer, a safety or health professional, a 
physician, or a nonphysician health care professional operating under 
the supervision of a physician. Some commenters (Exs. 54-25, 54-101, 
54-214, 54-389, 54-421) recommended that a PLHCP be present during 
administration of the medical questionnaire to ensure the accuracy and 
validity of the employee's answers. Others (Exs. 54-69, 54-361) stated 
that the medical questionnaire should be designed so as to be easily 
comprehended by the employee and simple to administer, thereby 
requiring only minimal involvement by an employer. OSHA agrees with 
those commenters (Exs. 54-69, 54-361) who urged that the medical 
questionnaire be easy to understand, and has developed the medical 
questionnaire in Appendix C accordingly. OSHA does not believe that 
oversight is necessary because the standard requires that the medical 
questionnaire be understandable to the employee and that the employee 
be given an opportunity to ask questions of the PLHCP administering the 
questionnaire.
    Although the OSHA medical questionnaire is designed to be easily 
comprehended by employees, paragraph (e)(4)(i) of the final standard 
specifically requires that employers ensure that employees understand 
the medical questionnaire. For employees who are not able to complete 
the medical questionnaire because of reading difficulty, or who speak a 
foreign language, OSHA requires that the employer take action to ensure 
that the employee understands the questions on the medical 
questionnaire. Language and comprehension deficits could invalidate the 
answers of such employees and result in inaccurate determinations. 
Under these circumstances, the PLHCP may assist the employee in 
completing the medical questionnaire (perhaps with the aid of an 
employer-supplied interpreter). The employer also may have the medical 
questionnaire translated into the employee's language or administer a 
physical examination that meets the requirements of paragraph (e)(2) of 
the final standard. In fulfilling this requirement, OSHA is not 
requiring employers to hire professional interpreters. Instead, 
employers may use an English-speaking employee who can translate the 
medical questionnaire into the questionnaire taker's native language, 
or other nonprofessional translators who can perform the same function 
(for example, a friend or family member of the test taker).
    Paragraph (e)(4)(ii). This paragraph requires the employer to 
permit the employee to discuss the medical questionnaire results with a 
PLHCP. Employees who are uncertain of the significance of the questions 
asked will thus be able to obtain clarification. One commenter, Dr. 
Ross H. Ronish, Site Medical Director for the Hanford Environmental 
Health Foundation (Ex. 54-151), agreed that the opportunity for 
discussion between the PLHCP and the employee would improve the 
usefulness of the medical questionnaire. The standard does not require 
the employer to follow a specific procedure in providing employees with 
the opportunity to discuss the medical questionnaire with a PLHCP. 
Employers must, however, at least inform employees that a PLHCP is 
available to discuss the medical questionnaire with them and notify the 
employees how to contact the PLHCP. For example, the employer could 
post the PLHCP's name and telephone number in a conspicuous location, 
or include this information on a separate sheet with the medical 
questionnaire.
Paragraph (e)(5)--Supplemental Information for the PLHCP
    Paragraph (e)(5)(i). The first requirement in this paragraph 
requires employers to provide the PLHCP with specific information for 
use in making a recommendation regarding the employee's ability to use 
a respirator. OSHA had proposed a similar requirement, stating that 
``[i]n advance of the medical examination the employer shall provide 
the examining professional with [supplemental] information * * *'' OSHA 
received four comments (Exs. 54-181, 54-234, 54-330, 54-445) on this 
proposed requirement. These commenters stated that only supplemental 
information requested by the PLHCP should be provided because PLHCPs 
can best determine what information they need to make medical-ability 
recommendations; additionally, limiting the requirement to information 
requested by the PLHCP would lower the associated paperwork burden. The 
Boeing Company (Ex. 54-445), for example, stated, ``The employer should 
not be required to provide additional information unless requested to 
do so by the examining physician.'' Another commenter (Ex. 54-434) 
stated that the proposed supplemental information might not be 
meaningful to every PLHCP.
    OSHA believes that the supplemental information specified is 
important to the PLHCP in making a recommendation regarding the 
employee's medical ability to use the respirator. However, as indicated 
in paragraph (e)(5)(ii) of the final standard, this information need 
only be provided once to the PLHCP unless the information differs from 
what was provided to the PLHCP previously, or a new PLHCP is conducting 
the medical evaluation.
    With few exceptions, the supplemental information that must be 
provided by the employer to the PLHCP is the same information listed in 
the proposed regulatory language for alternative 3 (59 FR 58911, 
paragraphs (e)(vi) (A) to (G)). Three commenters (Exs. 54-160, 54-191, 
54-287) endorsed the entire list of supplemental information items in 
the proposal. Most of the commenters who took exception to the proposed 
list disagreed with the item requiring that information be provided to 
the PLHCP on the substances to which the employee will be exposed 
(i.e., paragraph (e)(vi)(B) of proposed alternative 3); two commenters 
(Exs. 54-352, 54-453), however, believed it was important to specify 
these substances so that the PLHCP would be aware of the hazards in the 
workplace. One commenter (Ex. 54-339) stated that information on 
substance exposure would be useful to the program administrator for fit 
testing, but was not needed by the PLHCP. Another commenter (Ex. 54-
208) stated that information about these substances was unnecessary 
because OSHA intended to propose a separate rule for medical 
surveillance, and one commenter (Ex. 54-273) wanted this item to be 
deleted and replaced by an item informing the PLHCP about the 
employee's use of impervious clothing because such clothing, if worn, 
may impose serious heat stress on the employee.
    The record also contains an article by Dr. William S. Beckett 
advising occupational health professionals on medical evaluations for 
respirator use (Ex. 164, Attachment D). The article addressed the need 
to provide these professionals with exposure information: ``An 
employer's inability to provide this basic information [regarding 
employee exposure levels] on which a respirator choice has been

[[Page 1216]]

made should throw the adequacy of the respiratory protection program 
into serious doubt.'' Dr. Beckett explained that such information was 
necessary because preexisting lung impairments make some employees 
``more sensitive to the effects of some occupational agents and [these 
employees] may thus suffer further impairment at exposure 
concentrations that would not affect a normal worker.'' In explaining 
these effects, Dr. Beckett stated that employees who have become 
``sensitized immunologically to a workplace substance may not be able 
to attain protection factors using usual respirator precautions even 
though the same respirator might be adequate for individuals not 
sensitized to the substance.'' Dr. Beckett noted that ``the worker 
sensitized to toluene di-isocyanate (TDI) * * * will experience 
alterations in pulmonary function at an air concentration of 0.001 ppm 
TDI while normal individuals will not experience symptoms at 20 times 
this concentration.''
    In response to these comments, OSHA has modified the proposed 
requirement specifically requiring employers to inform PLHCPs of the 
substances to which employees may be exposed. Under paragraph 
(e)(5)(iii) of the final rule, employers must provide the PLHCP with a 
copy of the written respiratory protection program. As required by 
paragraph (c)(1)(i) of the final rule, the written program must specify 
the procedures for selecting respirators for use in the workplace; 
accordingly, these procedures must describe the workplace exposure 
conditions that require respirator use. OSHA believes these 
descriptions will provide the necessary information, while imposing 
little additional burden on employers.
    These requirement are necessary, the Agency concludes, because 
employees can have medical conditions that predispose them to respond 
adversely to the workplace substances to which they are exposed, and 
the resulting effects can impair an employee's ability to use some 
types of respirators. Consequently, providing PLHCPs with information 
about the workplace substances to which employees are exposed will 
assist the PLHCPs in determining if these substances may interact with 
preexisting medical conditions to impair an employee's ability to use 
the respirator. In addition, the Agency believes that knowledge about 
the substances to which employees are exposed will provide an indirect 
means of determining the effectiveness of the overall respiratory 
protection program. If employees experience signs and symptoms 
typically associated with exposure to the workplace substances 
documented in the written respiratory protection program, the PLHCP can 
alert the employer to these effects, and corrective action can be 
taken.
    In response to the commenter who urged OSHA to include information 
on impervious clothing, OSHA notes that the final standard requires 
employers to provide information on other protective clothing and 
equipment to be worn by the employee. This item will provide 
information on impervious clothing, and, therefore, addresses the 
commenter's concerns regarding the heat stress imposed on employees by 
such clothing.
    One commenter (Ex. 54-214) stated that descriptions of the type of 
work performed and physical work effort should be dropped from the 
list, while another commenter (Ex. 54-445) believed that information 
about the type of respirator would not be useful to the PLHCP. As noted 
in the discussion of final paragraph (e)(1) in this Summary and 
Explanation, cardiovascular and respiratory fitness are important 
variables in determining the ability of an employee to use a 
respirator. The physical work effort required by the employee's job, in 
combination with the characteristics of the respirator (e.g., weight, 
breathing resistance, interference with range of motion), are variables 
that must be considered by a PLHCP in making a recommendation regarding 
the employee's fitness to use the respirator.
    A study conducted by NIOSH (Ex. 64-469) found that tolerance to 
work conditions, heart rate, and skin temperature were affected by 
three variables: the type of personal protective clothing worn, the 
weight of the respirator, and the level of physical work effort. In the 
NIOSH study, nine healthy young men who had prior experience with 
respirators and personal protective clothing (most of them were 
firefighters), exercised on a treadmill at low and high physical 
workloads under each of the following conditions: wearing light work 
clothing and using a low-resistance disposable half-mask respirator (LT 
condition); wearing light work clothing and using an SCBA (SCBA 
condition); wearing firefighter turnout gear and using an SCBA (FF 
condition); and wearing chemical protective clothing and using an SCBA 
(CBC condition). While exercising at low physical workloads under the 
LT, SCBA, FF, and CBC conditions, the study participants tolerated 
these work conditions for 167, 130, 26, and 73 minutes, respectively; 
at high physical workloads, the four protective clothing conditions 
were tolerated for 91, 23, 4, and 13 minutes. Heart rates and skin 
temperatures rose as tolerance diminished. At the high workload level, 
testing under the SCBA, FF, and CBC conditions had to be terminated 
early because the heart rates of the study participants reached 
critically high levels (i.e., 90% of the predicted maximal heart rate). 
At low physical workloads, heart rate rose progressively under the SCBA 
conditions (about 15 beats per minute) compared to the LT condition, 
then remained steady. Under high physical workloads, heart rates rose 
sharply and never reached a steady level until after the testing was 
terminated.
    The authors of the NIOSH study noted that the work tolerance, heart 
rate, and skin temperature effects found in the study would be more 
severe among individuals who were not as healthy or experienced as the 
study participants. They attributed these effects both to the weight of 
the respirator and to the poor evaporative cooling properties of the 
personal protective clothing (i.e., the capacity to remove body heat 
under the humid conditions generated inside the protective clothing as 
a result of physical work). Based on these findings, the authors 
concluded that ``[the study participants] wearing protective clothing 
and respirators during exercise exhibited a significant degree of 
cardiorespiratory and thermoregulatory stress * * *''
    The conclusion reached by the NIOSH study is supported by other 
researchers who have tested the physiological effects of personal 
protective clothing combined with SCBA use among healthy men performing 
exercise or simulated work tasks under light to moderate levels of 
physical exertion. (See Ex. 164, Attachment D, Smolander et al. (1984), 
and Smolander et al. (1985).) These researchers found that personal 
protective clothing substantially increased oxygen consumption and 
carbon dioxide production, and recommended careful evaluation of the 
cardiovascular health and heat tolerance of workers who must wear 
personal protective clothing.
    In another study (Ex. 64-445), healthy young men (average age: 29 
years), older men (average age: 47 years), and women (average age: 29 
years) used air-purifying respirators while performing the following 
simulated, low physical workload, mining task: lifting a shovel 
weighing 3.1 lbs. (6.8 kg.) from the floor to the top of a table (a 
distance of 3 feet (90 cm)), releasing the shovel's grip, then lifting 
the shovel from the table back to the floor and releasing the grip 
again. The task was performed at a rate

[[Page 1217]]

of 10 cycles per minute for 20 minutes at temperatures of 73 deg. F 
(23 deg. C) and 104 deg. F (40 deg. C). The study participants wore 
appropriate mining clothing (i.e., pants, heavy shirt, gloves, leather 
apron, and safety helmet) while performing the task. The results showed 
that respirator use and heat combined to raise the heart rate 
substantially more than either variable alone, and that this effect was 
especially pronounced for the women.
    This study, and the NIOSH study described earlier, demonstrated 
that information regarding such physiological stressors as physical 
work effort, respirator type and weight, personal protective clothing, 
and temperature and humidity conditions must be provided to PLHCPs who 
are responsible for medically evaluating employees for respirator use. 
The studies found that these stressors, especially respirator weight, 
impose physiological burdens that result in substantial impairment to 
functional capacity, even among healthy respirator users. OSHA 
believes, therefore, that information on respirator type and weight, 
personal protective clothing, and temperature and humidity must be 
provided to, and be considered by, PLHCPs to ensure that only employees 
who can endure these stressors without adverse medical consequences are 
recommended for the respiratory protection program; consequently, these 
items were included in paragraph (e)(5)(i) of the final standard.
    The United Steelworkers (Tr. 1057) stated that ``[PLHCPs should be] 
mandated to have knowledge of the workplace, and possibly to have 
visited it at some point in time.'' OSHA agrees that familiarity with 
the workplace is important, and believes that many employers will make 
such visits a requirement. OSHA believes, however, that making such 
visits a requirement is unnecessary because the information required to 
be given to the PLHCP by the standard will be sufficient for the PLHCP 
to make a valid recommendation regarding the employee's ability to use 
the respirator.
    Other revisions made to the proposed paragraph include a 
requirement that the weight of the respirator be provided to the PLHCP, 
principally to inform the PLHCP of the physical stress that a heavy 
respirator may impose on an employee's cardiovascular and respiratory 
systems. This revision was made in response to the number of commenters 
(Exs. 54-153, 54-165, 54-218, 54-226, 54-227, 54-263, 54-264, 54-294, 
54-326, 54-327, 54-363, 54-443) who recommended that employees using 
SCBAs and other heavy respirators be administered medical examinations, 
largely because of the additional workload associated with using these 
respirators. A physician (Tr. 398) testified that SCBAs in particular 
increased an employee's workload by 20 percent. The studies just 
discussed also demonstrate that respirator weight plays a significant 
role in the increased burden that a respirator places on the user. In 
addition, scientific evidence obtained by Louhevaara et al. (Ex. 164, 
Attachment D) demonstrates that use of SCBAs by experienced 
firefighters performing light to moderate exercise on a treadmill 
substantially reduces tidal volume and increases heart rate, oxygen 
consumption, and ventilation rate. These physiological effects led 
Kilbom (Ex. 164, Attachment D) to recommend that no firefighter over 
the age of 50 be assigned tasks that require SCBA use.
    In the NPRM, OSHA asked whether information on the duration and 
frequency of respirator use should be provided to the PLHCP. No 
comments were received on this subject. The research studies described 
earlier in this Summary and Explanation show that duration and 
frequency of respirator use interact with other respirator use 
conditions (e.g., respirator weight, protective clothing, temperature 
and humidity) in imposing pulmonary and cardiovascular stress on 
respirator users. OSHA believes that information about the duration and 
frequency of respirator use will be important to PLHCPs in making 
medical ability recommendations, and concludes that this information 
must be included in the information required to be provided to the 
PLHCP.
    Paragraph (e)(5)(ii). As noted above, OSHA received recommendations 
from several commenters (Exs. 54-181, 54-234, 54-330, 54-445) to reduce 
the amount of information required to be submitted to the PLHCP. In 
responding to this recommendation, OSHA first reduced the number of 
items required. Second, OSHA revised the requirement so that employers 
only need to provide the supplemental information once to the PLHCP, 
unless the information differs from the information provided to the 
PLHCP previously or a new PLHCP is conducting the medical evaluations. 
Under the revised provision, therefore, the employer must ensure that: 
the PLHCP retains the supplemental information that is provided by the 
employer; the supplemental information is updated appropriately and in 
a timely fashion; and a new PLHCP is provided with the required 
supplemental information. The requirement to provide the new PLHCP with 
the appropriate information does not mean that the new PLHCP must 
medically reevaluate employees, only that the new PLHCP obtains the 
information required under this paragraph. The employer can meet this 
requirement by either providing the relevant documents to the new PLHCP 
or ensuring that the documents are transferred from the former PLHCP to 
the new PLHCP.
    Paragraph (e)(5)(iii). OSHA believes that the requirement for 
employers to provide a copy of the final standard and a copy of the 
written respiratory program to the PLHCP, although not included in the 
proposed standard, is needed to assure that PLHCPs have a thorough 
understanding of their duties and responsibilities in the medical 
evaluation process, thereby enhancing their ability to make a sound 
medical recommendation on an employee's ability to use the respirator. 
The written program is site-specific, and will inform the PLHCP of the 
working conditions the employee will encounter during respirator use. 
This information is critical if the PLHCP is to make a thorough and 
accurate evaluation of the employee's ability to use the assigned 
respirator. The PLHCP's ability to conduct appropriate medical 
evaluation will also be aided by knowledge of the standard, which sets 
forth the requirements of the medical evaluation program, as well as 
other requirements that affect the employee's respirator use. 
Consequently, this requirement will help ensure that medical 
evaluations conducted by PLHCPs are thorough and accurate; 
recommendations regarding an employee's medical ability to use the 
respirator are valid; employees are informed of these recommendations; 
and the privacy and confidentiality of employees are maintained. OSHA 
believes that this requirement is necessary to ensure that the 
objectives and other requirements of final paragraph (e) are fulfilled.
    As noted in the previous discussion of paragraph (e)(5)(ii), this 
information must be provided to the PLHCP only once for all employees 
who are involved in the employer's respiratory protection program. This 
information does not have to be provided again to the same PLHCP unless 
the standard or the employer's respiratory protection program is 
substantially revised. For example, the information does not have to be 
provided again when only minor revisions have been made to either the 
standard or the respiratory protection program. When the employer hires 
a different PLHCP to conduct medical evaluations, the employer must 
ensure that the new PLHCP has this information, by either providing the 
new PLHCP with the appropriate documents or ensuring that the

[[Page 1218]]

documents are transferred from the former PLHCP to the new PLHCP.
Paragraph (e)(6)--Medical Determination
    Paragraph (e)(1) of the NPRM proposed that the employer be 
responsible for making the final determination regarding the employee's 
ability to use the respirator. The proposed regulatory language 
required the physician (now a PLHCP) to deliver a medical opinion 
regarding the employee's medical ability to use the respirator, 
including any recommended limitations on this use, to the employer. 
OSHA proposed, consistent with its substance-specific standards, to 
make the employer responsible for the final determination regarding an 
employee's ability to use the respirator. This determination was to be 
based on all of the information available to the employer, including 
the physician's opinion and recommendations. The final standard follows 
this approach, although the final rule's requirements have been revised 
to reflect the record.
    Paragraph (e)(6)(i). This provision states that the ``employer 
shall obtain a written recommendation regarding the employee's ability 
to use the respirator from the PLHCP * * * `` Because the PLHCP's 
recommendation is an important element in the employer's determination 
as to whether it is hazardous for an employee to use a respirator, the 
recommendation needs to be clear and in writing.
    Final paragraph (e)(6)(i) requires that the PLHCP's recommendation 
be restricted to the three elements listed in paragraphs (e)(6)(i)(A) 
through (C) (i.e., ``[t]he recommendation shall provide only the 
following information'') [emphasis added]. This requirement is similar 
to the proposed regulatory language for paragraph (e)(1) and paragraph 
(e)(1)(v) of proposed alternative 3. The purpose of this limitation is 
to protect employee privacy with regard to medical conditions not 
relevant to respirator use.
    Several commenters (Exs. 54-92, 54-455) supported the need for 
privacy but recommended further that the basis of the PLHCP's medical 
recommendation not be disclosed to employers because such information 
could be used by an employer to remove an employee from the workforce. 
The AFL-CIO (Ex. 54-428) stated that ``[medical] reports to employers 
should contain only a statement of approval or disapproval for 
employees who are tested.'' The Brotherhood of Maintenance of Way 
Employees (BMWE) (Ex. 122) supported limiting the medical information 
provided to the employer to whether or not the employee can perform the 
required work while using the respirator, and whether or not 
restrictions need to be applied to the employee's respirator use. The 
BMWE stated further that no information should be provided on the 
specific medical conditions detected during the medical evaluation.
    OSHA believes that protection of employee privacy and 
confidentiality is important to obtain accurate and candid responses 
from employees about their medical conditions. OSHA has retained this 
requirement in the final standard and believes that, as worded, it 
strikes the proper balance between the need to provide sufficient 
information to the employer to make a decision on respirator use and 
the need to protect employee privacy.
    Paragraph (e)(6)(i)(A) in the final standard also specifies the 
information the PLHCP is to include in the recommendation to the 
employer: ``Any limitations on respirator use related to the medical 
condition of the employee, or relating to the workplace conditions in 
which the respirator will be used, including whether or not the 
employee is medically eligible to use the respirator.'' OSHA's 
experience in enforcing standards with similarly worded provisions 
indicates that this language is appropriate; also, OSHA believes a 
statement regarding the employee's medical ability to use the 
respirator will assist both the employer and employee in determining 
the final medical disposition of the employee.
    Paragraph (e)(6)(i)(B) of the final standard specifies that the 
PLHCP must state whether there is a need for follow-up medical 
evaluations. This provision was added to the final standard for several 
reasons. First, the initial medical evaluation may indicate that there 
is a possibility that the employee's health may change in a way which 
would reduce the employee's ability to use a respirator. In these 
circumstances, the PLHCP is required to specify appropriate follow-up 
medical evaluations. Second, the final standard does not provide for 
periodic (such as annual) evaluations, as most other OSHA health 
standards do. It is therefore important that the PLHCP specify whether 
an employee requires follow-up medical evaluation so that the 
employee's ability to use a respirator can be carefully monitored by 
the PLHCP. This requirement will ensure that employees are using 
respirators that will not adversely affect their health.
    Paragraph (e)(6)(i)(C) requires that the employee be provided with 
a copy of the PLHCP's written recommendation. No comments were received 
by the Agency on this proposed requirement. OSHA believes that a copy 
of the PLHCP's written recommendation will provide employees with 
information necessary to ensure that they are using respirators that 
will not adversely affect their health.
    The employer may either transmit the PLHCP's written recommendation 
to the employee or arrange for the PLHCP to do so. The employer shall 
allow the employee, consistent with paragraph (e)(4)(ii) of the final 
standard, to discuss the recommendation with the PLHCP. During the 
discussion, the PLHCP may inform the employee of the basis of the 
recommendation, as well as other medical conditions that are indicated 
by the results of the medical evaluation but that are not directly 
related to the employee's medical ability to use the respirator. OSHA 
believes that the additional information provided to the employee by 
the PLHCP should be determined by the legal, professional, and ethical 
standards that govern the PLHCP's practice and, therefore, should not 
be regulated by the final standard.
    Paragraph (e)(6)(ii). If the PLHCP's medical evaluation finds that 
use of a negative pressure respirator would place the employee at 
increased risk of adverse health effects, but that the employee is able 
to use a powered air-purifying respirator (PAPR), this paragraph 
requires employers to provide the employee with a PAPR. The rationale 
for this provision was discussed in the proposal (59 FR 58906). 
Negative pressure respirators can result in sufficient cardiovascular 
and respiratory stress to make employees medically unable to use this 
class of respirators. The use of PAPRs involves lower cardiovascular 
and respiratory stress, and PAPRs can often be tolerated by employees 
when negative pressure respirators cannot. Consequently, OSHA believes 
that this requirement is consistent with the requirements of paragraph 
(a)(2) of the final standard, which states that ``employers [must] 
provide the respirators which are applicable and suitable for the 
purpose intended.''
    Several commenters endorsed this provision (Exs. 54-101, 54-363, 
54-455). ISEA (Ex. 54-363) recommended that ``employers ensure that all 
alternative types [of respirators] be considered and made available'' 
to employees found to be medically unable to use the respirator 
selected initially by the employer. The proposal was consistent with 
this recommendation in requiring that alternative respirators be 
selected from among existing positive pressure respirators, including 
supplied-air respirators. OSHA has

[[Page 1219]]

determined, however, that supplied-air respirators should not be listed 
as alternative respirators in the final standard because, as noted 
earlier in this Summary and Explanation, these respirators impose many 
of the same pulmonary and cardiovascular burdens on employees as 
negative pressure respirators. The Brotherhood of Maintenance and Way 
Employees (BMWE) (Ex. 126) found that PAPRs would be an effective 
substitute for negative pressure respirators, and endorsed issuing 
PAPRs to employees who were found to be medically unable to use 
negative pressure respirators. In making this endorsement, the BMWE 
estimated that less than 1 percent of its membership would require such 
an upgrade. Consequently, OSHA removed the requirement for supplied-air 
respirators from the final standard, and now requires only that 
employers provide PAPRs to employees who are medically unable to use 
negative pressure respirators but who are able to use PAPRs. In 
addition, paragraph (e)(6)(ii) of the final standard specifies that if 
a subsequent medical evaluation finds that the employee is able to use 
a negative pressure respirator, then the employer is no longer required 
to provide that employee with a PAPR.
Paragraph (e)(7)--Additional Medical Evaluations
    Paragraph (e)(7) of the standard requires the employer to provide 
additional medical evaluations whenever there is any indication that a 
reevaluation is appropriate. At a minimum, this would occur: if the 
employee reports any signs or symptoms that are related to the ability 
to use a respirator; if the PLHCP, program administrator or supervisor 
determines that a reevaluation is necessary; if information from the 
respiratory protection program indicates a need for reevaluation; or if 
a change in workplace conditions could affect the physiological burden 
placed on the employee. This is a significant change from the proposal, 
which in alternatives 2 and 3 would have required reevaluation on an 
annual basis of employees subject to medical evaluation. Although this 
would not necessarily have required a medical examination, proposed 
paragraph (e)(3) and alternative 3 would have required a written 
medical opinion. The provision in the final standard is similar to the 
requirement in several of OSHA's substance-specific standards that 
employees be medically reevaluated if they experience breathing 
difficulties during fit testing or under other respirator use 
conditions (see, e.g., the Cadmium standard at 29 CFR 
1910.1027(l)(6)(iii)).
    OSHA also made a specific request for comments on the 
appropriateness of requiring medical evaluations at the age-related 
intervals used by ANSI or NIOSH. ANSI and NIOSH recommend that older 
employees should be screened more frequently than younger employees 
because of the heightened risk of cardiovascular and respiratory 
disease associated with age. The ANSI Z88.6-1984 consensus standard 
recommends medical evaluations at the following age intervals: every 
five years below age 35, every two years for employees aged 35 to 45, 
and annually thereafter. NIOSH's Respirator Decision Logic (Ex. 9) 
calls for medical evaluations at similar intervals, except that 
employees over 45 years old should be evaluated every one to two years. 
One commenter (Ex. 54-394) stated that age-based medical evaluations 
are important because the American workforce is aging.
    The proposed requirement that medical reevaluation be conducted 
annually resulted in numerous comments, most of which recommended that 
the requirement be revised. Eight commenters (Exs. 54-219, 54-224, 54-
253, 54-264, 54-348, 54-421, 54-441, 54-455) endorsed the proposed 
requirement without revision. Three commenters (Exs. 54-70, 54-326, 54-
357) stated that cost concerns and the administrative burden should 
limit annual medical evaluations to employees who use SCBAs. Other 
commenters (Exs. 54-70, 54-185, 54-206, 54-326, 54-357, 54-429) 
recommended that annual medical evaluations be administered to 
employees who use non-SCBA respirators only if such use is on a daily 
basis, for more than 50 per cent of the work week, or at least five 
hours per work week. A few commenters (Exs. 54-220, 54-244, 54-327, 54-
424, 54-429) recommended annual medical evaluations if the evaluations 
consisted entirely of a medical questionnaire.
    The Boeing Company (Ex. 54-445) was one of the commenters 
recommending that OSHA reconsider the requirement for annual medical 
examinations. Boeing stated:

    [Our] experience with annual review has been that approximately 
1-2% of [our] employees reviewed per year are restricted from 
respirator use. Very rarely to never are these restrictions due to a 
medical condition that would make respirator use dangerous for an 
employee. Rather, the restrictions are related to other aspects of 
an employee's job or to administrative reasons, such as failure to 
undergo the review or employee preference.

    The American Iron and Steel Institute (AISI) (Ex. 175) also 
provided limited evidence that regular (e.g., annual) medical 
examinations are ineffective. AISI cited an industry study in which 
2,195 medical examinations were administered to 1,816 employees 
subsequent to their initial medical examination; the elapsed interval, 
however, was unspecified. The medical reevaluations found only two 
employees who had unknown (to the employees) medical conditions; one of 
the employees had claustrophobia, and the other employee had reduced 
pulmonary function and an abnormal chest x-ray. AISI recommended that 
the frequency of medical reevaluation be ``determined by a licensed 
medical provider or to verify a suspected functional disability that 
might affect the ability to wear a respirator.''
    The statements and recommendations made by commenters who believed 
that the requirement should be revised or eliminated are summarized as 
follows:
    (1) An annual interval is arbitrary or unnecessary (Exs. 54-234, 
54-263, 54-267);
    (2) A biannual interval should be used (Exs. 54-191, 54-278, 54-
326);
    (3) The intervals should be age-based, using either the ANSI or 
NIOSH age intervals (Exs. 54-66, 54-172, 54-215, 54-245, 54-250, 54-
273, 54-318, 54-374, 54-381, 54-388, 54-426, 54-441, 54-450, 54-451, 
54-452, 54-453), the age intervals recommended by the National Fire 
Protection Association (NFPA) under NFPA standard 1582 (Ex. 54-155), or 
unspecified age intervals (Exs. 54-67, 54-218, 54-240, 54-271, 54-326, 
54-327, 54-342, 54-346, 54-361, 54-363, 54-429, 54-445, 54-454);
    (4) Medical reevaluation should be conducted only at the request of 
the PLHCP (Exs. 54-70, 54-150, 54-180, 54-217, 54-224, 54-313, 54-348, 
54-350, 54-361, 54-432, 54-448, 54-449, 54-450, 54-451, 54-452), 
employers (Ex. 54-251), employees (Ex. 54-157), or employees trained to 
recognize respirator-induced medical effects (Exs. 54-181, 54-219, 54-
242);
    (5) Medical reevaluation should be event-driven, with the events 
specified as a combination of age, physical condition or medical 
symptoms (including breathing difficulty), job conditions, respirator 
type, frequency of respirator use, medical history, or type of exposure 
(Exs. 54-79, 54-187, 54-189, 54-217, 54-218, 54-219, 54-220, 54-242, 
54-253, 54-265, 54-275, 54-278, 54-318, 54-319, 54-342, 54-357, 54-381, 
54-395, 54-439), or when job conditions or the type of respirator used 
by the employee increase the risk of

[[Page 1220]]

adverse effects on the employee's health (Exs. 54-151, 54-153).
    Several commenters (Exs. 54-38, 54-191, 54-388) stated that medical 
reevaluation should not be conducted when employees experience 
breathing difficulties during respirator use because these effects 
usually occur as a result of canister or filter overloading rather than 
an employee's medical condition.
    The commenters who endorsed the proposed requirement for an annual 
medical evaluation stated that annual medical evaluations would 
identify or prevent medical problems that may arise as a result of less 
frequent or event-driven medical evaluations. After carefully reviewing 
the entire record, OSHA decided to revise the proposed requirement and 
to make medical reevaluation contingent on specific events that may 
occur during respirator use, regardless of the duration of respirator 
use. OSHA also has determined that a rigid approach to medical 
reevaluation based on age may ignore serious medical conditions among 
younger employees that could be aggravated by continued respirator use. 
As noted by Dr. Ross H. Ronish, Site Medical Director for the Hanford 
Environmental Health Foundation (Ex. 54-151), ``[m]edical conditions 
which can affect the ability of an individual to use various types of 
respirator occur even in young people.''
    This approach is appropriate because medical problems requiring 
evaluation by a PLHCP can occur after any period of respirator use and 
in workers of any age, and the requirement for medical reevaluation 
must be sufficiently flexible to accommodate this variability. In 
addition, the employee, supervisor, and program administrator are in a 
position to note conditions, such as breathing difficulty, which would 
trigger the need for a medical reevaluation.
    The events described in paragraph (e)(7) of the final standard 
include significant medical, occupational, and respirator use 
conditions that warrant medical reevaluation because these conditions 
are known to impose additional physiological stress on employees, or 
are recognized indicators of medical problems associated with 
respirator use. This paragraph, therefore, will provide for flexible 
and prompt detection of medical problems among employees who use 
respirators.
    The specific events OSHA has listed in paragraphs (e)(7)(i), (ii), 
(iii) and (iv) that trigger medical reevaluation are based on OSHA's 
experience with substance-specific standards and the record of this 
rulemaking. OSHA believes that these events cover most situations in 
which employees are at risk of experiencing adverse health effects 
because of respirator use and in which the employee's underlying 
medical conditions or workplace conditions have changed sufficiently to 
make the initial medical evaluation obsolete. As noted earlier in the 
discussion of this paragraph, these variables were considered by many 
commenters to be important in determining the frequency with which 
employees should be medically reevaluated.
Medical Removal Protection
    The proposed rule did not include a provision for medical removal 
protection (MRP). Such a provision requires employers to provide 
employees who are unable to use respirators with alternative jobs at no 
loss of pay and other benefits. In the notice of proposed rulemaking 
(59 FR 58912), the Agency noted that MRP provisions had been included 
in some earlier substance-specific standards, but stated that 
insufficient information had been provided in response to the ANPR to 
include in the proposed rule an MRP provision that would be applicable 
to all workplaces in which respirators are used. To enable it to 
evaluate whether an MRP provision might be appropriate for this generic 
respirator standard, OSHA asked for comments and information about 
cases in which employees were found to be unable to use respirators in 
their jobs. The Agency specifically requested information about the 
frequency of cases in which employees were found to be unable to use 
respirators and the details of such cases, including how the 
determination of an employee's inability to use a respirator affected 
the worker's job responsibilities.
    Numerous comments were received on this issue. Most of the 
commenters who addressed the issue (Exs. 54-92, 54-206, 54-220, 54-240, 
54-250, 54-267, 54-273, 54-286, 54-295, 54-342, 54-381, 54-435, 54-443) 
suggested that a provision requiring employers to provide alternative 
jobs as a consequence of medical removal be excluded from the final 
standard, although some (Exs. 54-213, 54-387, 54-427, 54-428, 54-455) 
endorsed such a provision. The commenters who opposed the provision 
argued that: employees already receive adequate protection against 
medically related job displacement and unemployment through existing 
federal, state, and local law (e.g., the Americans with Disabilities 
Act and the Rehabilitation Act of 1973); the requirement exceeded 
OSHA's statutory authority; and OSHA failed to justify the provision 
adequately in the proposal. Commenters who favored MRP believed that 
such a provision was needed for medical evaluation to be effective. 
They stated that employees will refuse necessary medical evaluation if 
they believe their jobs might be placed in jeopardy. The Brotherhood of 
Maintenance of Way Employees (BMWE) (Ex. 126) endorsed MRP, claiming 
that in most cases such protection is feasible on both a temporary and 
permanent basis for the railroad industry; infeasible or inconvenient 
cases could be resolved, according to this commenter, under their 
collective bargaining agreement. The BMWE also recommended that 
employees who have been determined by employers to be unable to use 
respirators be allowed to seek a second medical opinion (i.e., to have 
multiple physician review) ``unencumbered by ulterior motives on the 
part of the employer.''
    As noted above, OSHA has included MRP in some of its existing 
substance-specific standards for employees who are unable to use 
respirators. In the Cotton Dust standard, for example, OSHA provided 
that if a physician determines that an employee is unable to use any 
type of respirator, the employee must be given the opportunity to 
transfer to an available position in which respirator use is not 
required, with no loss of wages or benefits (50 FR 51154-56). OSHA 
specifically found, based on the evidence in the Cotton Dust rulemaking 
record, that some employees would be reluctant to reveal information 
necessary for proper health care if the employee feared that the 
information might result in transfer to lower paying jobs. Similar MRP 
provisions for employees unable to use respirators have been included 
in OSHA's Asbestos and Cadmium standards. However, MRP provisions for 
workers unable to use respirators have not been included in most of 
OSHA's substance-specific standards, even though all such standards 
require that employees who use respirators undergo medical evaluation 
to determine their ability to do so (e.g., the 1,3-Butadiene, 
Formaldehyde, Ethylene Oxide, Acrylonitrile, Benzene, and Lead 
standards).
    OSHA believes that a number of provisions of the final standard 
will effectively avoid any disincentive on the part of employees to 
cooperate with medical evaluation. Paragraph (e)(1) requires the 
employer to provide medical evaluation to an employee before the 
employee uses a respirator in the workplace. Therefore, employees

[[Page 1221]]

cannot refuse to undergo medical evaluation and continue in a job that 
requires respirator use. All employees who use SCBAs, the type of 
respirator that imposes the greatest physiological burden on the user, 
must receive medical examinations, and the PLHCP who conducts the 
examination has discretion to determine the tests, consultations, and 
diagnostic procedures to be included in the examination. Given this 
discretion on the part of the PLHCP, and the PLHCP's awareness of the 
considerable physiological burden that SCBA use places on the user, 
OSHA believes that the PLHCP will be able to evaluate the employee's 
ability to use an SCBA even if the employee is reluctant to cooperate 
fully with the examination.
    Moreover, paragraph (e)(7) requires the employer to medically 
reevaluate an employee when a PLHCP, supervisor, or program 
administrator observes that the employee is having a medical problem 
during respirator use and they inform the employer of their 
observation. Many of the jobs in which SCBA use is required are 
strenuous, and any undue physiological burden the respirator places on 
an employee will often be readily observable by the employer, PLHCP, 
supervisors, or program administrator. Paragraph (e)(7), therefore, 
will help ensure that an employee who is medically unable to use a 
respirator, whether a SCBA or another type of respirator, cannot avoid 
medical evaluation by refusing to cooperate.
    The final standard also encourages cooperation in medical 
evaluation by employees who are assigned to use negative pressure 
respirators. Some employees will be unable to use negative pressure 
respirators because of breathing resistance caused by medical 
conditions such as asthma and bronchitis. The final standard provides 
these employees with a strong incentive to cooperate with medical 
evaluation by requiring the employer to provide them with a powered 
air-purifying respirator (PAPR) when the PLHCP who conducts the 
evaluation determines that the employees cannot use a negative pressure 
respirator but can use a PAPR. OSHA believes that many workers who are 
medically unable to use a negative pressure respirator will be able to 
use a PAPR, which offers considerably less breathing resistance than a 
negative pressure respirator. Therefore, those employees who are 
concerned about their medical ability to use a respirator will have a 
strong incentive to cooperate fully with the medical evaluation because 
they are likely to be provided with a less physiologically burdensome 
respirator that will enable them to continue in their jobs.

Paragraph (f)--Fit Testing

Introduction
    The final rule requires that, before an employee is required to use 
any respirator with a negative or positive pressure tight-fitting 
facepiece, the employee must be fit tested with the same make, model, 
style and size of respirator that will be used. The ANSI Z88.2-1992 
respiratory protection standard also recommends such testing before 
respirator use. Employers who allow employees to voluntarily use 
respirators need not provide fit testing for those employees, although 
OSHA encourages them to do so.
    It is axiomatic that respirators must fit properly to provide 
protection. If a tight seal is not maintained between the facepiece and 
the employee's face, contaminated air will be drawn into the facepiece 
and be breathed by the employee. The fit testing requirement of 
paragraph (f) seeks to protect the employee against breathing 
contaminated ambient air and is one of the core provisions of the 
respirator program required by this standard.
    In the years since OSHA adopted the previous respirator standard, a 
number of new fit testing protocols have been developed and tested 
(Exs. 2, 8, 24-2, 24-12, 24-20, 46, 49). During the same period 
manufacturers have developed multiple sizes and models of respirator 
facepieces in order to provide better fits for the variety of facial 
sizes and shapes found among respirator users. Incorporation of these 
advances into the standard is particularly important because facepiece 
leakage is a major source of in-mask contamination.
    Studies show that lack of fit testing results in reduced 
protection. In a health hazard evaluation (HHE) conducted by NIOSH at a 
medical center (Ex. 64-56), NIOSH found that workers using disposable 
respirators were not getting adequate protection because the 
respirators had not been fit tested. Other HHEs conducted by NIOSH show 
that workers who used respirators where there was no fit testing 
suffered adverse health effects resulting from overexposure to airborne 
contaminants (See HETAs 81-283-1224 and 83-075-1559).
    Based on the record evidence, OSHA concludes that poorly fitting 
facepieces expose workers to contaminants and that the use of an 
effective fit testing protocol is the best way of determining which 
respirator facepiece is most appropriate for each employee. Indeed, the 
need to include fit testing requirements in the standard, and to 
specify the proper method of accomplishing such testing, were among the 
major reasons OSHA proposed to revise the existing respirator standard.
    Fit testing may be either qualitative or quantitative. Qualitative 
fit testing (QLFT) involves the introduction of a gas, vapor, or 
aerosol test agent into an area around the head of the respirator user. 
If the respirator user can detect the presence of the test agent 
through subjective means, such as odor, taste, or irritation, the 
respirator fit is inadequate. In a quantitative respirator fit test 
(QNFT), the adequacy of respirator fit is assessed by measuring the 
amount of leakage into the respirator, either by generating a test 
aerosol as a test atmosphere, using ambient aerosol as the test agent, 
or using controlled negative pressure to measure the volumetric leak 
rate. Appropriate instrumentation is required to quantify respirator 
fit in QNFT.
    OSHA's prior respirator standard required training that provided 
opportunities for each user to have the respirator ``fitted properly'' 
and to wear it in a test atmosphere. However, it did not specify the 
test protocols to be used. The previous standard also required that 
employees be trained to check the fit each time the respirator is put 
on, although without specifying how the fit check was to be performed 
or the types of fit checks that were acceptable. OSHA's own compliance 
experience, and the experience gained from respirator research over the 
past 25 years, demonstrates that the existing standard's limited fit 
testing requirements do not provide employers with adequate guidance to 
perform appropriate fit testing.
    The substance-specific standards that have been issued over the 
past 20 years show the evolution of OSHA's recognition of the need for 
fit testing guidance. The early standards, such as the 1978 
Acrylonitrile standard (29 CFR 1910.1045) and the 1978 Lead standard 
(29 CFR 1910.1025), required quantitative fit tests but did not provide 
specific protocols. Subsequently, in 1982, the lead standard was 
amended to allow qualitative fit testing for half mask negative 
pressure respirators, provided that one of three specified protocols 
was followed (47 FR 51110). These specified qualitative fit testing 
(QLFT) protocols use isoamyl acetate, irritant smoke, or saccharin as 
the test agents. They have been used in all subsequent standards (e.g., 
Cadmium, Sec. 1910.1027; 1-3 Butadiene, Sec. 1910.1051; Methylene 
Chloride, Sec. 1910.1052) with fit testing requirements.

[[Page 1222]]

    One of the major changes from requirements in the previous standard 
made by this final standard is its requirement that fit testing be 
conducted according to specific protocols and at specific intervals or 
on the occurrence of defined triggering events. Paragraphs (f)(1) and 
(f)(2) of the standard require employers to ensure that each employee 
using a tight-fitting facepiece respirator passes an appropriate fit 
test before using such a respirator for the first time and whenever a 
different respirator facepiece is used, as well as at least annually 
thereafter. Paragraph (f)(3) requires the employer to provide an 
additional fit test whenever the employee reports, or the employer, 
PLHCP, supervisor, or program administrator observes, changes in the 
employee's physical condition that could affect respirator fit. 
Examples of conditions causing such changes could be the wearing of new 
dentures, cosmetic surgery, or major weight loss or gain. Paragraph 
(f)(4) specifies that if an employee who has passed a fit test 
subsequently notifies the employer, program administrator, supervisor, 
or PLHCP that the fit of the respirator is unacceptable, the employee 
must be given a reasonable opportunity to select a different respirator 
facepiece and to be retested. Paragraph (f)(5) requires that the fit 
test be administered according to one of the protocols included in 
mandatory Appendix A.
    Paragraph (f)(6) limits qualitative fit testing to situations where 
the user of a negative pressure air-purifying respirator must achieve a 
minimum fit factor of 100 or less. Paragraph (f)(7) explains that a 
quantitative fit test has been passed when the fit factor, as 
determined through an OSHA accepted protocol, is at least 100 for 
tight-fitting half masks or 500 for tight-fitting full facepiece 
respirators.
    Paragraph (f)(8) requires that all QLFT or QNFT fit testing of 
tight-fitting atmosphere-supplying respirators and tight-fitting 
powered air-purifying respirators be performed with respirators in the 
negative pressure mode, even if they are to be used in positive 
pressure mode in the workplace, and contains additional requirements 
for measuring fit testing results. It also requires that all facepieces 
modified to perform a fit test be restored to their NIOSH-approved 
configuration before being used in the workplace.
    Detailed discussions of each of the paragraphs related to fit 
testing follow.
Fit Testing--Paragraph (f)(1)
    Paragraph (f)(1) of the final standard requires that all tight-
fitting respirators be fit tested in accordance with the requirements 
of the final standard. The ANSI Z88.2-1992 standard has a similar fit 
testing requirement, as did proposed paragraph (f)(3). The need to fit 
test ``negative pressure'' respirators was widely supported (Exs. 54-5, 
54-38, 54-67, 54-153, 54-158, 54-167, 54-172, 54-173, 54-185, 54-208, 
54-219, 54-263, 54-273, 54-278, 54-313, 54-330, 54-424). No comments 
opposing this requirement were received.
    However, the record contains comments both supporting and opposing 
the need to require the same type and frequency of fit testing for 
``positive pressure'' respirators, which are defined in the final 
standard as respirators ``in which the pressure inside the respiratory 
inlet covering exceeds the ambient air pressure outside the 
respirator.'' A number of commenters stated that positive pressure 
atmosphere-supplying respirator users should not be required to pass a 
fit test (Exs. 54-271, 54-280, 54-290, 54-297, 54-314, 54-324, 54-330, 
54-339, 54-346, 54-350, 54-352, 54-361, 54-424). These commenters 
believed that fit testing of such respirators was not needed because 
the positive pressure inside the facepiece would prevent contaminated 
ambient air from leaking from the outside atmosphere to the area inside 
the facepiece.
    For example, the Southern California Edison Company (Ex. 54-316) 
stated that there was no need to fit test tight-fitting positive 
pressure respirators because ``[t]he chances of these type of 
respirators becoming negative pressure under normal use conditions are 
very slim and generally occur only when there has been a restriction or 
failure of the air supply system.'' The Alabama Power Company (Ex. 54-
217) similarly stated that there was no need to fit test tight-fitting 
supplied air respirators (SARs) or powered air-purifying respirators 
(PAPRs) because the chance was slight that a negative pressure 
condition would occur during normal use. The Reynolds Metals Company 
(Ex. 54-222) stated that, with positive pressure respirators, gross 
leaks were unlikely to occur if the user was trained. Beaumont & 
Associates (Ex. 54-246) stated that a well trained user of pressure 
demand or continuous flow respirators would quickly be aware of any 
gross leakage. Eric Jaycock, CIH, (Ex. 54-419) questioned whether 
requiring the fit testing of positive pressure respirators would cause 
employers to choose other, less protective, respirators. The County of 
Rockland Fire Training Center (Ex. 54-155) stated that positive 
pressure SCBAs may, theoretically, leak around the seal, but that, in 
its experience, this was unlikely to happen in normal working 
situations. It recommended that positive pressure SCBAs be exempted 
from the fit test requirement if the user passes a negative pressure 
fit check upon donning to ensure an effective seal.
    Other evidence in the record, however, demonstrates that, even with 
positive pressure respirators, facepiece leakage can occur when the 
high inhalation rates associated with increased workloads cause the 
facepiece pressure to become negative in relation to the outside 
atmosphere. An evaluation of the performance of powered air-purifying 
respirators equipped with tight-fitting half masks by the Lawrence 
Livermore National Laboratory (Ex. 64-94) demonstrated what its authors 
called the ``Myth of Positive Pressure.'' The study found that, at the 
NIOSH-required flow rate of 4 cubic feet/minute (cfm), a half mask PAPR 
tested at an 80% work rate had a negative facepiece pressure during 
inhalation for all subjects. The authors concluded that the respirator 
protection that the device can provide is dependent in large part on 
the tightness of the seal to the face of the wearer.
    Dahlback and Novak (Ex. 24-22) also found negative pressure inside 
the facepieces of pressure-demand respirators when workers engaged in 
heavy work and had inhalation peak flow rates of 300 liters a minute. 
Workers in this study who had not been fit tested developed negative 
pressure inside their masks much more frequently than those who had 
been fit tested.
    Some commenters (Exs. 54-214, 54-217, 54-222, 54-232, 54-234, 54-
245, 54-251, 54-278, 54-330, 54-424) stated that any negative pressure 
due to leaks on inhalation can be countered by the increased air flow 
of a positive pressure respirator. While increased air flow can reduce 
the number of negative pressure episodes (Ex. 64-94), OSHA does not 
believe that the realities of respirator usage allow exclusive reliance 
on this mechanism to substitute for fit testing. Moreover, the air 
pressure that positive pressure respirators provide inside the 
facepiece is intended to overcome the momentary leakage that may occur 
even with a properly fitting facepiece. This positive airflow alone is 
not an adequate substitute for a properly fitting facepiece, and cannot 
be relied upon to overcome the leakage that can occur into poorly 
fitting facepieces.

[[Page 1223]]

    Requiring fit tests for positive pressure respirators is also 
necessary because the consequences of facepiece leakage into positive 
pressure respirators can be extremely serious. Positive pressure 
respirators are usually worn in more hazardous situations than those in 
which negative pressure respirators are worn. For example, only 
positive pressure respirators can be worn in IDLH atmospheres. By 
definition, there is little tolerance for facepiece leakage in such 
atmospheres. Positive pressure respirators also are used when the 
concentration of the toxic substance is many times greater than the 
permissible exposure limit. Even where positive pressure respirators 
are worn in lower risk situations, they are often selected because the 
hazardous gas or vapor in the atmosphere lacks adequate sensory warning 
properties, clearly a factor calling for the minimum amount of 
facepiece leakage. Employees also may believe that they can afford to 
use less care in using a respirator that appears to be highly 
protective; they may ignore seal checks and strap tensioning because 
they are relying on air flow to overcome any leaks. Fit testing 
demonstrates to employees that positive pressure respirators can leak, 
and offers an opportunity for the employee to see, via quantification, 
what actions (e.g., bending at the waist, jerking the head, talking) 
relating to fit will decrease protection.
    Similarly, although a negative or positive pressure user seal check 
is important to ensure proper donning and adjustment of the respirator 
each time it is put on, it is not a substitute for the selection of an 
adequately fitting respirator through fit testing. Most respirator fit 
testing is preceded by a user seal check, but experience with 
respirator fit testing has shown that some individuals who pass this 
user seal check with what they think is an adequately fitting facepiece 
subsequently fail their fit test due to poor respirator fit. As John 
Hale of Respirator Support Services (Ex. 54-5) stated, ``Yes, there is 
some information to be obtained about gross facepiece-to-face leakage 
by performing these checks. But, there are no performance criteria, 
there is no known correlation between the result of this check and 
respirator fit or performance * * * .''
    A number of experts and consensus organizations supported the 
proposal's requirement for fit testing of all tight-fitting 
respirators. The Washington State Department of Labor and Industries 
(Ex. 54-173), the Aluminum Company of America (Ex. 54-317) and the 
United Auto Workers (Ex. 54-387) endorsed fit testing for positive 
pressure respirators because these respirators do not always maintain 
positive pressure due to overbreathing or physical exertion. The 
Industrial Safety Equipment Association (ISEA)(Ex. 54-363) supported 
OSHA's proposal for fit testing of all tight-fitting respirators, 
stating that it was consistent with the ANSI Z88.2-1992 standard's 
requirements. Fit testing for all tight-fitting respirators is found in 
clause 9.1.2 of the ANSI Z88.2-1992 respirator standard (Ex. 81), which 
requires that positive pressure respirators with tight-fitting 
facepieces be qualitatively or quantitatively fit tested in the 
negative pressure mode. The National Fire Protection Association (NFPA) 
standards 1500 and 1404 also require that firefighters using SCBAs pass 
a fit test (Tr. 479). The American Industrial Hygiene Association (Ex. 
54-208) also supported the fit testing of all tight-fitting 
respirators. Moreover, workplace protection factor studies conducted by 
respirator manufacturers, NIOSH, national laboratories and others 
always fit test subjects to reduce the effect of facepiece leakage that 
is unrelated to design and construction (See, e.g., Exs. 64-14, 64-36, 
64-94).
    This record has convinced OSHA that it is necessary to require the 
fit testing of both positive and negative pressure tight-fitting 
respirators. Even positive pressure respirators do not always maintain 
positive pressure inside the facepiece, particularly when facepiece fit 
is poor, strenuous work is being performed, and overbreathing of the 
respirator occurs (Exs. 64-94, 64-101). Leakage must be minimized so 
that users consistently achieve the high levels of protection they 
need. Most workplace use of positive pressure atmosphere-supplying 
respirators occurs in high hazard atmospheres (e.g., emergencies, 
spills, IDLH conditions, very high exposures, abrasive blasting), where 
a high degree of certainty is required that the respirator is maximally 
effective. Positive pressure respirators, like negative pressure 
respirators, come in a variety of sizes and models, each with its own 
unique fit characteristics. The only reliable way to choose an 
adequately fitting facepiece for an individual user from among the 
different sizes available is by fit testing. The problem of leakage due 
to poor facepiece fit can be minimized by choosing good fitting 
facepieces through fit testing for positive pressure respirator users. 
OSHA concludes that the requirement to fit test tight-fitting positive 
pressure respirators is appropriate to reduce leakage into facepieces, 
and to improve the protection that all kinds of tight-fitting 
respirators provide in the workplace.
Frequency of Fit Testing--Paragraph (f)(2)
    Final paragraph (f)(2), like the proposal, requires that fit 
testing be performed prior to an employee's initial use of a respirator 
in the workplace; whenever a different model, size, make, or style of 
respirator facepiece is used; and at least annually thereafter. Only 
the requirement to conduct fit testing annually was disputed in the 
rulemaking. Commenters generally agreed that some additional fit 
testing beyond an initial test was necessary, but opinions varied 
widely on the appropriate intervals at which such tests should be 
performed. A few participants, including the UAW (Ex. 54-387), urged 
that fit testing be required every six months, since changes in weight, 
facial hair and scarring, dental work, and cosmetic surgery may alter 
respirator fit. The UAW also stated that visual observation was not a 
reliable way to identify the presence of these changes.
    A number of commenters suggested that longer intervals, generally 
two to three years, would be appropriate. For example, Allied Signal 
(Ex. 54-175) recommended ``periodic'' or ``every two-years'' as the fit 
testing interval. Public Service Electric and Gas Co. (Ex. 54-196) 
stated that a ``two year time frame strikes a good balance between 
safety concerns and practicality.'' The Texas Chemical Council (Ex. 54-
232) stated that, in its members' experience, ``* * * virtually no 
individuals fail fit tests a year after initial testing for a given 
chemical exposure using the same manufacturer's respirator.'' The Exxon 
Company (Ex. 183), in response to questions asked at the June hearings, 
reported that of the 230 employees at their Baton Rouge refinery given 
an annual QNFT in 1995, a year after their initial respirator selection 
in 1994, less than one percent (two employees) changed their respirator 
size because of failing the annual QNFT. Exxon stated that few 
employees change the size of their respirator from year to year, and 
that ``the data suggest that annual quantitative fit-testing should not 
be necessary and such testing may be done on a less frequent basis than 
once per year.'' The Peco Energy Company (Ex. 54-292) stated that its 
experience showed that a three year interval is sufficient to ensure a 
proper fit, provided that mandatory refitting is conducted if there are 
changes in the respirator user's physical condition. The Eastman 
Chemical Co. (Ex. 54-245) recommended that the time limit be not

[[Page 1224]]

less than two years. The International Paper Co. (Ex. 54-290) stated 
that ``bi-annual (sic) [every two years] fit-testing with proper 
training should be adequate'' and that proper training would require 
that employees report to the employer facial feature changes that have 
occurred or failure to get an adequate seal during the positive/
negative pressure seal check.
    Other participants believed that fit testing beyond initial fit 
testing should be required only when an employee switches to a 
different respirator, or when a significant change occurs in an 
employee's physical condition that may interfere with obtaining an 
adequate facepiece seal (Exs. 54-177, 54-187, 54-190, 54-193, 54-197, 
54-214, 54-286, 54-297, 54-396, 54-397, 54-435, 54-323, 54-422, Ex. 
123). The American Iron and Steel Institute (Ex. 54-307, Ex. 175) 
stated that annual fit testing was unnecessary, and that the steel 
industry experience shows that once a wearer has been fit tested and 
has an acceptable fit, subsequent fit tests demonstrate consistent fit 
factors. Mallinckrodt Chemical (Ex. 54-289) questioned the need for 
annual fit testing for those employees who may use a respirator 
infrequently, such as once or twice a year.
    However, a large number of rulemaking participants supported OSHA's 
proposal to require the testing of respirator fit on an annual basis 
(Exs. 54-5, 54-6, 54-20, 54-153, 54-167, 54-172, 54-179, 54-219, 54-
273, 54-289, 54-293, 54-309, 54-348, 54-363, 54-410, 54-428, 54-455, 
Ex. 177; Tr. 1573, 1610, 1653, 1674). The comments of these 
participants and other evidence in the rulemaking record convince OSHA 
that the annual testing requirement is appropriate to protect employee 
health.
    Annual retesting of respirator fit detects those respirator users 
whose respirators no longer fit them properly. The Lord Corporation, 
which already performs annual fit tests, reported that of its 154 
employees who wear respirators, one to three (2 percent or less) are 
identified each year as needing changes in model or size of mask (Ex. 
54-156). Hoffman-LaRoche only performs fit tests at two-year intervals, 
and it reported a much higher incidence of fit test failures. Sixteen 
of the 233 people tested in a recent two year cycle of fit testing 
(6.86%) needed a change in their assigned respirators (Ex. 54-106).
    The Lord experience (Ex. 54-156) indicates that annual retesting of 
facepiece fit detects poorly fitting facepieces, while the Hoffman-
LaRoche evidence demonstrates that waiting two years for retesting can 
result in the discovery that quite a high percentage of workers have 
been relying on poorly fitting respirators. Extending the retest 
interval to more than one year would allow those individuals with poor 
fits that could have been detected by annual fit testing to wear their 
respirator for a second year before the poor fit is detected.
    This evidence also supports OSHA's view that triggering the 
requirement to retest only by certain events, such as a change in the 
worker's condition, and not including a required retest interval, would 
allow poor fits to continue. Changes in a worker's physical condition, 
such as significant weight gain or loss, new dentures or other 
conditions, can cause alterations in facial structure and thus 
respirator fit. Physiological changes that affect facepiece fit can 
occur gradually over time and are easily overlooked by observers, and 
by the users themselves. Individuals with poorly fitting respirators 
were often detected only through fit testing, and not by other methods 
such as observation of changes in facepiece fit, failure to pass a user 
seal check, or an employee reporting problems with the fit of the 
respirator. Retesting facepiece fit solely on the basis of physical 
changes in individual respirator users would not be a reliable 
substitute for fit testing on an annual basis. These changes in an 
individual's physical condition do, however, indicate the need for 
retesting that individual's facepiece, and paragraph (f)(3) requires 
additional fit testing whenever any of these changes is detected.
    Moreover, fit testing not only determines whether a facepiece seal 
is adequate; it also provides an opportunity to check that fit is 
acceptable, permits the employee to reduce unnecessary discomfort and 
irritation by selecting a more comfortable respirator, and reinforces 
respirator training by providing users with a hands-on review of the 
proper methods of donning and wearing the respirator. Therefore, as 
well as providing the opportunity to detect poorly fitting respirator 
facepieces, the annual fit testing requirement complements OSHA's 
requirement for, and may partially fulfill, annual training under final 
paragraphs (k)(1), (k)(3) and (k)(5). For the reasons presented above, 
and based on a thorough review of the record, OSHA has included an 
annual fit test requirement in the final rule.
Refitting Due to Facial Changes--Paragraph (f)(3)
    Paragraph (f)(7) in the proposal addressed the need to refit 
respirators when changes in the employee's physical condition occur. 
The proposal identified facial scarring, cosmetic surgery, or an 
obvious change in body weight as conditions requiring refitting. Some 
commenters (Exs. 54-280, 54-428, 54-455) suggested that dental work 
affecting facial shape should also trigger refitting. The International 
Chemical Workers Union (ICWU) suggested that a change of five percent 
in body weight or twenty pounds should be regarded as an obvious change 
in body weight that requires refitting (Ex. 54-427). One commenter 
opposed requiring the employer to determine whether an employee's 
physical change should trigger refitting, stating that the 
responsibility for reporting physical changes should rest with the 
employee (Ex. 54-357).
    The language of the proposed paragraph has been revised in the 
final rule to provide greater clarity and to account for these 
comments. Because weight loss or gain affects the facial configuration 
of different individuals differently, OSHA does not believe it possible 
to stipulate a given weight change ``trigger'' for requiring a new fit 
test. The final standard thus retains the proposed language regarding 
an obvious change in body weight. In response to the comments that 
dental work can affect facial shape and respirator fit, the language in 
final paragraph (f)(3) has been revised to add dental changes as 
another item that can trigger a new fit test requirement. The provision 
has been modified to trigger retests based on employee reports of 
facial changes, in addition to changes observed by the employer, 
supervisor, program administrator, or PLHCP that may affect facepiece 
fit. Employer observations of potential problems with fit, along with 
self-reported problems with facepiece fit or changes in facial 
configuration, would trigger a respirator fit retest under final 
paragraph (f)(3).
    Paragraph (f)(3) requires employers to conduct an additional fit 
test whenever an employee reports changes, or there are observations of 
changes, in the employee's physical condition that could affect 
respirator fit. This provision addresses the rare situation in which an 
employee's facial features change to the extent that a respirator that 
once fit properly may no longer fit. The conditions listed in the 
standard that may cause such changes in facial features--facial 
scarring, dental changes, cosmetic surgery, or an obvious change in 
body weight--will generally be observable by the employer. If the 
employee reports facial changes that are not readily observable, the 
employer may require verification of

[[Page 1225]]

the changes before offering an additional fit test.
Retesting for Unacceptability--Paragraph (f)(4)
    Paragraph (f)(4) of the final standard requires retesting whenever 
the respirator becomes ``unacceptable'' to the employee. An employee 
who notifies the employer, the program administrator, supervisor, or 
the PLHCP that the fit of the respirator is unacceptable must be given 
a reasonable opportunity to be retested and to select a different 
respirator facepiece. This requirement was derived from paragraph 
(f)(8) in the proposal, which required refitting within the first two 
weeks of respirator use for masks that become ``unacceptably 
uncomfortable.''
    Although some commenters wanted to delete this provision on the 
grounds that a properly fitted and trained worker should have no reason 
to exchange the respirator (Exs. 54-6, 54-20, 54-156, 54-209, 54-215), 
others urged that the employee be allowed to request a refit at any 
time a respirator becomes unacceptable. These commenters saw no reason 
to limit this period to two weeks (Exs. 54-154, 54-165). The utility of 
the two week period was specifically questioned for situations where 
respirators are not routinely used for long periods of time (Ex. 54-
66), or are used only occasionally (Ex. 54-220). Exxon (Ex. 54-266) 
stated that the two week provision was too restrictive, and that 
employees should be allowed to select another respirator or facepiece 
as necessary . Dow (Ex. 54-278) also suggested dropping the two week 
limitation. The American Petroleum Institute (Ex. 54-330) recommended 
revised performance language for this provision. The Occidental 
Chemical Company (Ex. 54-346) saw no reason to specify a two week 
period, and stated that employees should be permitted to select a new 
respirator facepiece at any time because of unacceptable discomfort.
    In the final rule, OSHA has deleted the two week limitation on the 
time in which an employee may have a respirator retested. In addition, 
the term ``unacceptable'' has been substituted for the term 
``uncomfortable,'' which was used in the proposal and was objected to 
by several commenters (Exs. 54-154, 54-266, 54-278, 54-330). A 
respirator may be unacceptable if it causes irritation or pain to an 
employee or if, because of discomfort, the employee is unable to wear 
the respirator for the time required.
Fit Testing Protocols--Paragraph (f)(5)
    Paragraph (f)(5) in the final standard, which is substantively the 
same as proposed paragraph (f)(3), requires that the employer use an 
OSHA-accepted QLFT or QNFT protocol for fit testing. These protocols 
are described in mandatory Appendix A. Appendix A also describes the 
methods OSHA will use to determine whether to approve additional fit 
test methods. The provisions in proposed paragraphs (f)(3), (f)(4), and 
(f)(5) that referenced alternative fit test procedures therefore have 
been removed from the final rule.
    For qualitative fit testing (QLFT), Part I of Appendix A contains 
the OSHA-accepted qualitative fit testing protocols for the isoamyl 
acetate QLFT protocol; the saccharin QLFT protocol; and the irritant 
smoke QLFT protocol, which were first adopted in the Lead standard (29 
CFR 1910.1025). In addition, Appendix A contains an OSHA-accepted 
protocol for the Bitrex<SUP>TM</SUP> (Denatonium benzoate) QLFT method, 
which was submitted to the rulemaking record and commented on during 
this rulemaking.
    Appendix A also lists three protocols for the QNFT methods that are 
OSHA-accepted. The first is the traditional generated aerosol QNFT 
method in which a test atmosphere (corn oil, DEHS, or salt) is 
generated inside a test enclosure and the concentration inside and 
outside the mask is measured. The second method is the ambient aerosol 
QNFT method, commonly called the Portacount<SUP>TM</SUP> method, which 
uses a condensation nuclei counter to measure the ambient aerosol 
concentrations inside and outside the mask. The third method that has 
been added is the controlled negative pressure (CNP) QNFT method 
(Dynatech Nevada FitTester 3000<SUP>TM</SUP>), which was the subject of 
comments during this rulemaking. These OSHA-accepted QLFT and QNFT 
methods are described further in the discussion of Appendix A that 
follows.
    The only fit test method that generated any controversy during the 
rulemaking proceeding was the irritant smoke QLFT protocol. OSHA is 
continuing to accept the irritant smoke QLFT protocol for use under 
this standard because the method is valuable when used properly and is 
often used by small employers because it is relatively inexpensive. 
Moreover, it is also the only QLFT method where facepiece leakage 
elicits an involuntary response, which can eliminate the possibility 
that a wearer could pretend to pass the fit test in order to be 
eligible for a job requiring respirator use.
    Nevertheless, OSHA is aware that high levels of irritant smoke can 
be produced during a fit test and that these concentrations can be 
dangerous. Employees exposed to excessive concentrations of irritant 
smoke have suffered severe reactions (Ex. 54-437; Tr. 390). For this 
reason, it is particularly important that employers using the irritant 
smoke protocol ensure that test operators are well trained in this 
method and comply with all the steps in the OSHA protocol. To ensure 
that any leakage will be as minimal as possible, the test must not be 
performed until the employee has passed a user seal check. In 
performing the sensitivity check necessary to determine that the 
particular user is sensitive to irritant smoke, it is extremely 
important to assure that the employee is exposed to the least amount of 
irritant smoke necessary to trigger a response. Appendix A is a 
mandatory appendix, and failure to comply completely with its protocols 
will constitute a violation of this standard.
QLFT Limits--Paragraph (f)(6)
    Paragraph (f)(6) of the final standard limits qualitative fit 
testing to situations where the user of a negative pressure air-
purifying respirators must achieve a minimum fit factor of 100 or less. 
A similar limitation was contained in the proposal (paragraph 
(f)(6)(i)(A)). This limitation is based on the fact that the existing 
evidence only validates the use of qualitative fit testing to identify 
users who pass the QLFT with a respirator that achieves a minimum fit 
factor of 100. Dividing the fit factor of 100 by a standard safety 
factor of 10 means that a negative pressure air-purifying respirator 
fit tested by QLFT cannot be relied upon to reduce exposures by more 
than a protection factor of 10. The safety factor of 10 is used because 
protection factors in the workplace tend to be much lower than the fit 
factors achieved during fit testing; the use of a safety factor is a 
standard practice supported by most experts to offset this limitation. 
For example, the ANSI Z88.2-1992 standard states, in clause 9.1.1, ``If 
a quantitative fit test is used, a fit factor that is at least 10 times 
greater than the assigned protection factor (table 1) of a negative-
pressure respirator shall be obtained before that respirator is 
assigned to an individual. If a qualitative test is used, only 
validated protocols are acceptable. The test shall be designed to 
assess fit factors 10 times greater than the assigned protection 
factor.''
    The only objection to this limitation was expressed by a few 
commenters (Exs. 54-153, 54-178) who noted that in

[[Page 1226]]

the future, new QLFT protocols may be developed allowing the 
measurement of higher fit factors. If new methods are developed that 
permit QLFT use for higher fit factors, OSHA will, as part of the 
acceptance process for these new methods, adjust this requirement 
appropriately.
QNFT Minimum Fit Factors--Paragraph (f)(7)
    Paragraph (f)(7) of the final standard lists the minimum fit 
factors required to be achieved during quantitative fit testing. These 
minimum fit factors were listed in paragraphs (f)(6)(i)(B) and 
(f)(6)(ii)(B) of the proposal. Half masks are required to achieve a 
minimum fit factor of 100 during QNFT, and full facepiece respirators 
must achieve a minimum fit factor of 500. Paragraph (f)(7) in the final 
standard consolidates the minimum QNFT fit factors for half mask and 
full facepiece respirators into one provision. The safety factor of ten 
used for full facepiece respirators is the same as that for half masks.
    The minimum fit factors in the final standard for QNFT are the same 
as those that were proposed, and are identical to the minimum fit 
factors required in OSHA substance-specific standards that require QNFT 
(See e.g., Asbestos, 29 CFR 1910.1001; Cadmium, 29 CFR 1910.1027; 
Benzene, 29 CFR 1910.1028; Formaldehyde, 29 CFR 1910.1048; 1,3-
Butadiene, 29 CFR 1910.1051).
    Most participants who commented on the issue agreed with these 
minimum fit factors. A few participants argued for higher minimum fit 
factors (Exs. 67, 54-405). For example, Robert da Roza, citing his 
study on the reproducibility of QNFT (Ex. 24-9), stated in his 
testimony at the OSHA hearings on minimum fit factors that ``What I 
feel confident in is that you do need something higher than a ten. It 
may be as high as 800. I'm suggesting that some statistician look at 
this a little more rigorously and come up with some better number.'' 
(Tr. 102)
    TSI, Inc. (Ex. 54-405), in discussing the pass/fail levels for 
QNFT, recommended the following:

    The proposed requirement that a successful QNFT achieve a fit 
factor of at least 100 for a half mask and 500 for a full-face mask 
should be raised. The proposed values allow employers to accept what 
in reality is a very poor fit compared to what can be achieved with 
proper employee training * * * We feel that a fit factor of at least 
1000 for half masks and at least 2000 for full face respirators is 
justifiable and readily achievable with minimal extra effort by the 
employer.

    However, empirical data or statistical analyses that supported the 
need to increase the minimum fit factors proposed were not presented. 
Although fit factors substantially higher than the minimum values are 
frequently achieved, OSHA's experience enforcing the substance-specific 
standards that have similar requirements to the minimum fit factors 
contained in the final respiratory protection standard shows that these 
factors are adequate to distinguish well fitting respirators from those 
that fit poorly, which is the purpose of fit testing. Accordingly, OSHA 
is retaining the proposed fit factors in the final standard.
Testing Positive Pressure Respirators--Paragraph (f)(8)
    Paragraph (f)(6)(iii)(B) in the proposal required that fit testing 
of positive pressure respirators be conducted without any of the air-
supplying equipment or attachments that produce a positive pressure 
inside the facepiece during respirator use. Thus, the proposal required 
positive pressure respirators to be tested under negative pressure. 
Final paragraph (f)(8) similarly requires that positive pressure tight-
fitting respirators be fit tested in the negative pressure mode. Fit 
testing seeks to measure the tightness of the facepiece seal. If the 
air pressure inside the facepiece is higher than that outside, the 
pressure differential reduces the amount of ambient air leaking into 
the facepiece, and the measurements obtained during the fit test do not 
represent the tightness of the seal between the face and the facepiece. 
Many tight-fitting respirator facepieces are available in both air-
purifying models and atmosphere-supplying units. For these, fit testing 
can be performed using an identical negative pressure air-purifying 
respirator facepiece, with the same sealing surfaces, as a surrogate 
for the atmosphere-supplying facepiece the employee will actually be 
using. Where an identical negative pressure facepiece is unavailable, 
the employer may convert the facepiece of the employee's unit to allow 
for qualitative or quantitative fit testing. Many SCBA manufacturers 
(e.g., MSA, Interspiro and Survivair) sell fit testing adaptors for 
this purpose that allow for fit testing of their SCBA facepieces.
    Final paragraphs (f)(8)(i) and (f)(8)(ii) describe the specific 
ways in which these alternatives apply for performing QLFT and QNFT 
measurements, respectively. If the respirator facepiece has been 
modified for fit testing, final paragraph (f)(8)(iii) requires that the 
modifications must be completely removed and the respirator restored to 
its NIOSH-approved configuration before it is used in the workplace. 
These requirements replace the similar provisions in proposed paragraph 
(f)(6), and should clearly inform employers of the requirements for fit 
testing tight-fitting atmosphere-supplying or powered air-purifying 
respirators. These provisions are designed so that the testing reflects 
the conditions of respirator use as accurately as possible. There were 
no significant objections to this provision in the record.
Proposed Paragraph (f)(9)--Interim Use of QLFT
    The final standard deletes proposed paragraph (f)(9), which would 
have allowed an employer initially to perform a qualitative fit test to 
fit the respirator user where an assigned protection factor greater 
than 10 is required if the employer had an outside party conduct 
quantitative fit testing within 30 days. OSHA proposed this provision 
to address those few instances when contractors were not available to 
test employees who had been hired after the annual fit testing for a 
given establishment had been conducted. There was considerable 
opposition to this provision. John Hale of Respirator Support Services 
(Ex. 54-5) recommended that this provision be eliminated because the 
provision could be abused. The Exxon Company (Ex. 54-266) also 
recommended that the provision be deleted, suggesting that full 
facepiece respirators fit tested using a QLFT be limited to use in 
atmospheres containing 10 times the exposure limit of a hazardous 
substance until an adequate QNFT is performed. Other commenters stated 
that retaining the provision could result in overexposure of the 
employee to workplace contaminants (Exs. 54-280, 54-303, 54-408). The 
Los Alamos National Laboratory (Ex. 54-420) criticized the provision on 
the basis that it is the employer's responsibility to provide 
appropriate fit testing prior to assigning employees to work where 
respirators are required. The U.S. Army (Ex. 54-443D) stated that if 
employers have a functioning respirator program and know of the 
requirement for annual testing, then they should be able to schedule 
fit testing appropriately, with no need for an extra 30 days.
    Some participants who supported the proposed requirement stated 
that QNFT has not been shown to be a better predictor of workplace 
protection than QLFT, and recommended that QNFT be an optional, rather 
than a required method, when fit factors greater than 10 are needed. 
Moldex Metric Inc. (Ex. 54-153) recommended that the provision be 
broadened to allow the employer some

[[Page 1227]]

latitude in selecting which fit testing methods must be used. Bayer 
Corporation (Ex. 54-210) recommended the period be extended to 90 days, 
and that the provision be broadened to include repair and/or 
calibration of fit testing instruments; other participants also 
recommended a 60 or 90 day period (Exs. 54-222, 54-278, 54-330, 54-361, 
54-424, Ex. 54-430).
    OSHA has concluded that the rulemaking record demonstrates that 
proposed paragraph (f)(9) is unnecessary. Contractors who perform QNFT 
services are located throughout the country, and an employer can 
arrange a schedule to ensure that fit testing will be available when 
required. QNFT instruments are also available for rent and can be used 
by employers themselves after appropriate training if no contractor is 
available. Several different types of reasonably priced QNFT 
instruments are manufactured, and OSHA believes many employers can 
readily purchase one to perform their own QNFT. The instruments are 
highly portable and can be readily shipped to where they are needed. As 
the Army points out (Ex. 54-433D), an employer with a respirator 
program that requires annual fit testing can readily schedule fit 
testing appropriately.
    In addition, the comments OSHA received urging that the provision 
be expanded increase OSHA's concern that leaving the option in the 
standard could expose employees unnecessarily to excessive 
concentrations of hazardous substances. The QNFT exemption as proposed 
was intended to be narrow in scope and to apply only when contractors 
were not readily available to test new employees who were hired after 
the annual fit testing session. The reasons advanced for extending this 
QNFT exemption were not convincing. OSHA believes that there are other 
ways to address the concerns raised by commenters in support of this 
QNFT exemption. For example, employers can schedule QNFT instrument 
calibration during times when fit testing is not scheduled and can 
obtain a substitute QNFT instrument when their own unit needs repair. 
OSHA concludes that this provision is not appropriately included in the 
final standard.
Appendix A--Mandatory Fit Test Protocols
    Appendix A contains the fit test protocols that employers must 
follow in performing qualitative and quantitative fit testing for 
tight-fitting respirators. The Appendix also contains procedures OSHA 
will use to evaluate ``new'' fit testing methods. Proposed Appendix A 
addressed the same subjects. Employers who have in the past performed 
fit tests pursuant to a substance-specific standard must now follow the 
protocols for OSHA-accepted fit tests that are set out in Appendix A. 
OSHA has removed the fit testing protocols in the substance-specific 
standards to eliminate duplication and consolidate all fit testing 
protocols in Appendix A.
    Appendix A has been reorganized from its proposed format to improve 
clarity and usefulness. The provisions dealing with administering OSHA-
accepted fit testing protocols have been moved to part I.
    Section A of part I contains general provisions and test exercises 
that apply to both QLFT and QNFT.
    Section B contains the OSHA-accepted QLFT protocols for isoamyl 
acetate, saccharin, Bitrex, and irritant smoke fit tests.
    Section C contains the OSHA-accepted QNFT protocols for generated 
aerosol, ambient aerosol (CNC), and controlled negative pressure (CNP) 
fit tests.
    Part II addresses the methodology OSHA will use to evaluate new fit 
test methods and technology.
    Appendix A provides general instructions for performing fit testing 
which have been simplified and clarified by combining the common 
elements for both QLFT and QNFT and presenting them in Section A of 
Part I. This includes directions for such procedures as selecting a 
respirator for fit testing and performing the required test exercises. 
By combining common elements and eliminating the duplication of fit 
test protocols in the substance-specific standards, OSHA has reduced 
the number of pages in its regulations dedicated to fit testing. The 
purpose of the OSHA fit testing protocols is to tell fit test operators 
how to perform fit testing to ensure that an adequately fitting 
facepiece is selected. The protocols reflect the fit test elements 
(i.e., equipment and basic procedures) that were performed during the 
validation testing that initially led to their acceptance by OSHA. The 
protocols do not contain specific instructions on operating any 
particular fit test instrument because each instrument has specific 
manufacturer's operating instructions that must be followed to obtain 
valid results.
    The fit testing procedures and specific requirements in the QLFT 
and QNFT protocols in Sections B and C of part I reflect both the 
experience that has been gained in performing fit testing and the 
validation testing that was done initially in order for each method to 
be accepted by OSHA. The OSHA-accepted methods were evaluated by 
comparing their performance with that of another accepted fit test to 
demonstrate that each new method would reliably identify adequately 
fitting facepieces. The OSHA-accepted protocols reflect the specific 
procedures and equipment that were used in validation testing, and they 
must be followed to ensure minimum reproducibility. These elements in 
the OSHA protocols are not written in performance-oriented language, 
since any significant variation from the required protocols would 
invalidate the reliability testing that was performed initially to gain 
OSHA acceptance and would add uncertainty to the validity of fit test 
results.
Fit Testing Procedures--General Requirements
    The general requirements for fit testing contained in Appendix A, 
part I.A apply to all OSHA-accepted fit test methods, both QLFT and 
QNFT. These provisions contain general requirements and instructions 
for both the person being fit tested, and the person conducting the fit 
testing. The provisions have been modified slightly from the proposal.
    Provision A.1 requires that the test subject be afforded a 
selection of respirators of various sizes and models from which to pick 
the most acceptable. The revised language of this provision reflects 
the substitution of the term ``acceptable'' for ``comfortable'' in 
paragraph (d)(1)(iv). Provision A.2 is identical to that proposed. The 
test operator shows the person being fit tested how to don the 
respirator properly. This instruction may complement the training 
required by paragraph (k) of this standard. Provisions A.3 to A.7 
contain instructions for selecting the most acceptable respirator for 
fit testing.
    Provision A.8 requires the subject to perform a ``user seal check'' 
before the fit test is performed. The language in this provision has 
been modified to reflect the use of the new definition for ``user seal 
check.'' Provision A.9 restates that fit testing shall not be conducted 
if there is any hair growth between the skin and sealing surface of the 
respirator. If the test subject exhibits breathing difficulty during 
fit testing, provision A.10 requires that he or she be referred to a 
PLHCP. Minor revisions to this provision reflect changes made to 
paragraph (e) of the standard on medical evaluation. Provision A.11 
requires retesting whenever the employee finds the fit unacceptable. 
Provision A.12 of Appendix A, Part II of the proposal regarding fit 
testing records has been moved to paragraph (m) of the final

[[Page 1228]]

standard to consolidate all recordkeeping provisions.
    Provisions A.12 through A.14 of this final standard describe the 
specific exercises to be performed under all qualitative and 
quantitative fit tests protocols. The exercises are mostly the same; 
however, the grimace exercise is not performed for QLFT protocols. In 
addition, a separate test regimen is prescribed in Section C for the 
CNP quantitative fit test. Except for minor modifications, the 
exercises are identical to those in the proposal and to those in OSHA's 
substance-specific health standards. Participant comments focussed on a 
few issues: the number and duration of fit test exercises (Exs. 54-158, 
54-187, 54-206, 54-218, 54-219, 54-261, 54-271, 54-273, 54-350, 54-325, 
155), and the need for the grimace, bending over/jogging-in-place, and 
talking exercises (54-153, 54-173, 54-175, 54-179, 54-208, 54-218, 54-
219, 54-261, 54-273, 54-317, 54-363, 54-408, 54-420, 54-424). These 
comments are addressed below.
    Provision A.14 requires the employee being fit-tested to perform 
eight exercises. Seven of the exercises must be performed for one 
minute, while the grimace exercise lasts for only 15 seconds. The test 
exercises and exercise sequence are: normal breathing; deep breathing; 
turning the head side to side; moving the head up and down; talking; 
grimacing; bending over (or jogging in place if the test unit is not 
large enough for the test subject to bend at the waist); and normal 
breathing.
    Some participants complained that the number and length of the 
exercises required to be performed were excessive. For example, the 3M 
Company stated that OSHA has made numerous changes to accepted 
protocols without verifying the effect of the changes on test 
performance (Ex. 54-218). According to 3M, OSHA arbitrarily altered the 
fit tests by requiring the test exercises to be performed for one 
minute, rather than 30 seconds, and by including the grimace and the 
bending over/jogging-in-place exercises, and that this alteration 
violates the original validation of the fit test protocols. In fact, 
the protocols in this standard are virtually identical to those in 
other OSHA health standards that have been promulgated over the past 
fifteen years. The isoamyl acetate (IAA) QLFT test that was evaluated 
and adopted in the lead standard in 1982 has six exercises. Five of the 
exercises must be performed for one minute, and the talking exercise is 
performed for ``several'' minutes. Thus, the total test time for the 
six exercises is seven to eight minutes, compared to the seven minutes 
and 15 seconds that completion of the exercises in this standard will 
take. Since the length of the two test protocols is similar, OSHA 
concludes that the IAA concentration at the end of the fit test under 
this standard would be the same as if the fit test was performed under 
the IAA QLFT protocol contained in the lead standard.
    The grimace exercise drew a number of comments. The test is 
intended to simulate the type of normal facial movements that could 
break a respirator seal. It was developed in the asbestos standard in 
1986 and has been incorporated into subsequent OSHA standards. 
Participants questioned the need for the grimace exercise, particularly 
with QLFT, where a break in the facepiece seal could cause sensory 
fatigue (Exs. 54-153, 54-208, 54-218, 54-219, 54-263, 54-273, 54-363, 
54-408, 54-424). Several commenters (Exs. 54-173, 54-179, 54-261, 54-
317) stated that the grimace exercise cannot be described so that its 
effects are standardized and reproducible. DuPont (Ex. 54-350) 
recommended that the standard incorporate only six exercises, deleting 
both the grimace and bending/jogging exercises. DuPont stated that if 
the grimace remained in the fit test protocol, it should be performed 
last, with the results excluded from the calculations. Allied Signal 
(Ex. 54-175) also recommended that the grimace exercise be deleted; 
however, if retained, it should be performed at the completion of the 
other test exercises. In contrast, the Los Alamos National Laboratory 
(Ex. 54-420), which originated fit testing protocols, stated that their 
researchers included the grimace exercise as part of the test exercises 
for full facepieces in the early 1970s. Los Alamos stated that an 
exercise that simulates a worker's normal facial movements should not 
be excluded from the test exercises, and recommended that it be 
retained.
    These comments have persuaded OSHA to delete the grimace exercise 
as one of the required fit testing exercises for QLFT, but to retain it 
for QNFT. A break in the facepiece seal during a QLFT could cause 
sensory fatigue that would invalidate the results of the grimace test 
and any remaining fit test exercises. Performing the exercise as the 
final element of the qualitative fit test would not address this 
concern because one purpose of the test is to determine whether the 
respirator reseals after the seal has been broken, and performing the 
grimace test after all the others have been completed will not allow a 
determination of whether the respirator has resealed effectively after 
the test.
    The concern about sensory fatigue does not exist with quantitative 
fit tests, however, and OSHA believes the grimace exercise is a 
valuable aspect of these tests. Because the exercise stresses the 
facepiece seal, it allows the test to determine whether the facepiece 
reseats itself during subsequent exercises. The results from the 
grimace exercise are not to be used in calculating the fit factor for 
QNFT (provision C(2)(h)(1)), since breaking of the seal would 
necessarily produce a low fit factor for the grimace exercise. However, 
if the respirator facepiece fails to reseat itself, the fit factors 
measured for the subsequent exercises would reflect this failure, 
causing the employee to fail the fit test. Therefore the grimace 
exercise has been retained as one of the required QNFT fit testing 
exercises.
    The Air Conditioning Contractors of America (Ex. 54-248) questioned 
the need to require employees to read from a text, such as the Rainbow 
Passage. Members of the association stated that their technicians had 
their own methods of determining fit. As stated above, however, OSHA 
believes that standardized fit testing protocols provide important 
safety benefits to employees. To the extent that employers develop 
other valid fit test methods, Part II of Appendix A provides a 
procedure through which they can seek OSHA approval of those fit test 
protocols. The talking exercise requirement is also not onerous. To 
perform this exercise, the employee must either read from a prepared 
text such as the Rainbow Passage, count backward from 100, or recite a 
memorized poem or song. These alternatives provide employers and 
employees with some flexibility when performing this exercise.
Qualitative Fit Test (QLFT) Protocols--Appendix A, Paragraph B
    B.1. General. Provision B.1.(a) of Part I of Appendix A on 
qualitative fit test protocols contains two general provisions relating 
to QLFT. The provisions are substantively the same as in the proposal. 
The term ``assure'' has been replaced by ``ensure,'' reflecting a 
change that has been made throughout the regulatory text.
    Provision B.1.(a) requires the employer to ensure that the person 
administering QLFT be able to perform tests correctly, to recognize 
invalid tests, and to ensure that the test equipment is in proper 
working order. This applies regardless of whether the tester works 
directly for the employer or for an outside contractor. When QLFT is 
performed by the employer's own personnel, the testers must be properly

[[Page 1229]]

trained in the performance of the particular QLFT protocol that will be 
used. If outside contractors are used to provide fit testing support, 
the employer must ensure that the test operators performing the fit 
testing protocols are trained, and can competently administer the QLFT 
according to the OSHA protocols. This provision is performance 
oriented, since it lists the abilities the test operator needs, but 
does not describe a specific training program. The type of QLFT 
operator training needed is specific to the QLFT method selected, and 
new methods may be developed in the future that require additional 
training.
    The second provision, B.1.(b), requires that the QLFT equipment be 
kept clean and well maintained so it operates within its designed 
parameters. For example, the nebulizers used for the saccharin and 
Bitrex QLFT protocols can clog when not properly cleaned and 
maintained, resulting in invalid tests. The test operator must maintain 
the equipment used for fit testing to ensure proper performance. The 
requirement is again performance oriented, since the QLFT equipment 
used will vary with the type of QLFT selected.
    There are four qualitative fit test protocols approved in this 
Appendix. The isoamyl acetate (IAA) test determines whether a 
respirator is protecting a user by questioning whether the user can 
smell the distinctive odor of IAA. Both the saccharin and Bitrex tests 
involve substances with distinctive tastes, which should not be 
detected through an effective respirator. The irritant smoke test 
involves a substance that elicits an involuntary irritation response in 
those exposed to it.
    B.2--Isoamyl acetate protocol. The IAA test protocol included in 
the final standard evolved out of the IAA protocol OSHA originally 
adopted for the lead standard (29 CFR 1910.1025). It requires that an 
employee first be tested to determine if the employee can detect the 
odor of IAA, often called banana oil because it gives off a distinctive 
banana-like smell. The fit test is only to be conducted on employees 
who can detect this odor. An employee passes the fit test with a 
particular respirator if he/she cannot detect the IAA odor while 
wearing the respirator. The primary drawback of the test is the strong 
ability of IAA to induce ``odor fatigue,'' so that an individual 
quickly loses the ability to detect the odor if exposed to it for any 
period of time. Odor sensitivity is the key to the IAA fit test, and 
any decrease in the employee's odor sensitivity due to background 
levels of IAA could invalidate IAA fit testing. For this reason several 
provisions of the protocol are intended to minimize the possibility of 
background exposure to IAA that could impair the test subject's ability 
to detect the odor in the fit test.
    IAA vapor easily penetrates a particulate filter, and the IAA 
protocol therefore cannot be used to fit test particulate respirators 
unless the respirator is equipped with an organic vapor filter. The 
protocol requires that separate rooms be used for the odor screening 
and fit tests, and that the rooms be ventilated sufficiently to ensure 
that there is no detectable odor of IAA prior to a test being 
conducted. In prior standards, OSHA has required that separate 
ventilation systems, in addition to separate rooms, be used for these 
functions (e.g., Lead [47 FR 51114]). OSHA proposed to do the same in 
this standard. However, OSHA has been convinced by the comment of Mobil 
Oil Corporation (Ex. 54-234) that this elaborate precaution against 
odor fatigue and general background contamination is burdensome and 
unnecessary. OSHA agrees with Mobil that the ventilation simply needs 
to be adequate to prevent IAA odor from becoming evident in the rooms 
where odor sensitivity testing and respirator selection and donning 
take place, and that the need to have separate ventilation systems for 
IAA fit testing will make it unnecessarily difficult to find an 
acceptable building in which to perform fit testing. OSHA is therefore 
removing the requirements that the odor threshold screening test and 
fit test rooms not be connected to the same ventilation system. 
Instead, the ventilation requirement is stated in performance language 
in the final standard: the testing rooms must be sufficiently 
ventilated to prevent the odor of IAA from becoming evident to the 
employee to be tested. OSHA believes that this performance-based 
language will be sufficient to alert employers to the requirement to 
prevent olfactory fatigue among workers being fit tested by preventing 
a buildup of IAA in the general room air.
    The proposed IAA protocol required that the test atmosphere be 
generated by wetting a paper towel or other absorbent material with 
0.75 cc of pure IAA and suspending the towel from a hook at the tip 
center of the test chamber. Two commenters stated that the standard 
should also allow the test atmosphere to be generated by the use of 
commercially prepared test swabs or IAA ampules as long as these 
methods generate the required airborne concentrations of IAA (Mobil Oil 
(Ex. 54-234); Bath Iron Works (Ex. 54-340)).
    OSHA agrees that alternative methods of generating the IAA test 
atmosphere should be permitted as long as those methods have been shown 
to reproducibly generate the minimum concentration of IAA needed for a 
successful fit test. The National Bureau of Standards (Ex. 64-182), in 
its report on fit testing of half mask respirators using the IAA 
protocol in the OSHA lead standard, found that the minimum IAA 
concentration inside the test chamber was 100 ppm during fit testing. 
Accordingly, the IAA protocol in Appendix A of the final standard has 
been modified to permit the use of test swabs or ampules as long as 
these have been shown to generate a test atmosphere concentration 
comparable to that generated by the towel-saturation method in the 
proposed standard. An employer who wishes to use test swabs or ampules 
would need to demonstrate that the swabs or ampules generate an 
acceptable test atmosphere. For this purpose, the employer may rely on 
data obtained from the manufacturer of the swabs or ampules as long as 
the employer uses the products in a way that reproduces the 
concentrations obtained by the manufacturer under the manufacturer's 
test conditions.
    OSHA has also added a provision recommended by the American 
Industrial Hygiene Association (Ex. 54-208) to reduce the possibility 
of test area contamination from used paper towels. AIHA recommended 
that B.2.(b)(10) be revised to ensure that the used towels are stored 
in self-sealing bags to prevent test area contamination. OSHA adopted 
the language changes the AIHA proposed; the final standard requires 
that used IAA towels be removed from the test chamber to avoid test 
area contamination.
    AIHA (Ex. 54-208) also recommended that OSHA remove the language in 
B.2.(b)(2) of the IAA fit test protocol requiring that organic vapor 
cartridges be changed at least weekly. AIHA stated that a fit test 
operator who is competent to implement an adequate QLFT program will be 
able to determine an adequate cartridge change schedule. OSHA agrees, 
and has removed the language requiring weekly filter changes, because 
weekly changes may overstate or understate appropriate frequencies. 
However, the program administrator or the fit test operator must 
replace the cartridges as appropriate to ensure their proper function.
    After the close of the NPRM comment period and the hearings, during 
the post-hearing comment period, the ISEA (Ex. 54-363B) submitted a 
report on fit testing for full facepiece respirators

[[Page 1230]]

using an IAA QLFT protocol for which the test concentration of IAA was 
raised to 10 times the concentration used in the OSHA-accepted IAA 
protocol. ISEA reported that the pass/fail cutoff for the modified IAA 
QLFT was a required fit factor of 1000, and that this increased IAA 
concentration fit test could therefore be used to test full facepiece 
respirators for use where ambient exposures were 100 times the PEL. 
ISEA stated that the validation data that it submitted for this new IAA 
fit test meet the validation requirements of the September 17, 1989 
ANSI Z88.10 draft standard entitled ``Respirator Fit Test Methods.'' 
OSHA notes, however, that all draft provisions of the draft ANSI fit 
testing standard are still subject to change until published as part of 
the final ANSI Z88.10 standard. Further, ISEA did not indicate that the 
test met the validation criteria proposed by OSHA. In addition, no 
comments were received from the regulated community on this modified 
IAA protocol. Since the proposed, ISEA-modified, IAA qualitative fit 
test was submitted as a post-hearing comment, an opportunity did not 
exist for the regulated community to comment on it as part of this 
rulemaking record. The revised IAA fit test, therefore, has not 
received the review and public comment to which the other new fit tests 
(i.e., Portacount, CNP, Bitrex) were subjected during this rulemaking. 
Accordingly, OSHA is not adding the modified IAA fit test for full 
facepieces to the final standard's fit test protocols. This Appendix 
establishes procedures for OSHA acceptance of new fit test protocols, 
and a proponent of the modified IAA fit test may submit it for review 
under those procedures.
    B.3 and B.4--Saccharin Solution and Bitrex<SUP>TM</SUP> (Denatonium 
benzoate) Solution Aerosol Protocols. The protocols for the saccharin 
and Bitrex solution aerosol fit test methods are similar. Both involve 
test agents that a test subject will taste if his or her respirator is 
not functioning effectively. Saccharin is a sugar substitute with a 
sweet taste, and Bitrex is a bitter taste-aversion agent. In both 
cases, the subjects are first tested to ascertain that they are in fact 
able to taste the test agent being used, and then are tested with a 
respirator. During the fit test the subjects are instructed to breathe 
with their mouths slightly open and their tongues extended. If they can 
taste the test agent during the fit test, the test has failed.
    The proposal included the saccharin protocol but not the Bitrex 
protocol, which was not validated until after the proposal was issued. 
The saccharin protocol was identical to that contained in the Lead 
standard (29 CFR 1910.1025, Appendix D II; 29 CFR 1910.1027 (Cadmium); 
29 CFR 1910.1028 (Benzene); 29 CFR 1910.1048 (Formaldehyde); 29 CFR 
1910.1050 (Methylenedianaline); 29 CFR 1910.1051 (1-3 Butadiene)). 
Several commenters (Exs. 54-208, 54-218, 54-219, 54-363) recommended 
minor revisions to the language of the protocol to correct specific 
problems, and to clarify the procedures. In response to these comments, 
the formula for preparing the threshold check solution has been revised 
to remove an error in dilution contained in the lead standard protocol. 
OSHA has also changed the requirement that employees being tested open 
their mouths wide to a requirement that they open their mouths 
slightly, since opening the mouth wide could distort normal facepiece 
fit and invalidate the test results. Opening the mouth slightly is 
sufficient to allow the employee to detect leakage of the test agent 
into the respirator when testing for facepiece seal leakage.
    The final standard also does not restrict employers to using a 
DeVilbiss Model 40 nebulizer but also allows them to use an equivalent 
test nebulizer. Allowing the use of alternative nebulizers that can 
produce an acceptable test atmosphere is a change from the lead 
standard protocol, which allowed only the use of the DeVilbiss 
nebulizer. Finally, the protocol now states clearly that, to elicit a 
taste response, a minimum of ten nebulizer squeezes is required during 
the threshold screening. This matches the minimum number of squeezes of 
the fit test nebulizer required by the protocol.
    NIOSH (Ex. 54-437) was the only participant to object to the 
saccharin aerosol protocol. NIOSH is concerned that saccharin is a 
potential carcinogen, and it believes that Bitrex is an acceptable 
alternative test agent. Although saccharin is suspected of being a 
carcinogen when ingested in large quantities over long periods of time, 
it is not a substance that OSHA has regulated, and even NIOSH does not 
have a Recommended Exposure Limit for it. A test subject would be 
exposed to saccharin only for a brief time during the pre-test 
sensitivity check, and again either upon failing the test or during the 
post-test sensitivity check. Either exposure would likely occur only 
once a year. These exposures would be very low, at or near the 
threshold of detectability, and it is extremely unlikely that they pose 
a significant risk to the health of employees or that they would exceed 
any realistic exposure limit that may be established.
    Moreover, although the Bitrex fit test protocol is an acceptable 
alternative for situations in which the saccharin protocol is used, 
Bitrex is not as widely available as saccharin, and the test is not as 
widely accepted. The Bitrex QLFT protocol was developed by 3M (Ex. 54-
218). The test protocol is essentially the same as that for the 
saccharin QLFT, with changes made in preparing the threshold check 
solution and the fit test solution to account for the non-linear taste 
sensitivity of Bitrex. A recent paper by Mullins, Danisch, and Johnston 
(Ex. 178) in the November 1995 AIHA journal describes the development 
of the Bitrex QLFT method. Validation testing consisted of 150 paired 
qualitative and quantitative fit tests, with test volunteers using half 
mask respirators. The Bitrex fit test was evaluated against the 
saccharin fit test and found to have a test sensitivity of 0.98 and a 
predictive value for passing of 0.98 at a fit factor of 100. The 
overall test results were identical for the Bitrex and saccharin fit 
test methods.
    Only one rulemaking participant objected to the possibility that 
OSHA would approve the Bitrex test. Robert daRoza of the Lawrence 
Livermore Laboratory (personal communication with John Steelnack, OSHA, 
6/4/97) stated that this method has not been adequately tested by 
multiple facilities, and that the ratio of the concentrations specified 
does not follow the same logic used in the saccharin method. Until the 
method is validated by multiple facilities and the logic of the 
specified concentrations determined, Mr. daRoza believes that the test 
should not be incorporated into the final standard.
    In contrast, NIOSH has recommended Bitrex as an acceptable 
alternative test agent for saccharin (Ex. 54-437). OSHA has reviewed 
the validation studies (Ex. 178) in depth, and believes that they 
establish the Bitrex protocol as an appropriate fit test method. 
Therefore, OSHA is approving this protocol.
Irritant Smoke (Stannic Chloride) Protocol
    The irritant smoke protocol (also called irritant fume) uses 
stannic chloride smoke tubes to produce a smoke containing hydrochloric 
acid. Exposure to this test agent causes irritation resulting in 
coughing. Because the response to irritant smoke is involuntary, the 
irritant smoke fit test is the only QLFT method that does not rely on 
the subjective response of the employee being tested (Exs. 54-325, 54-
424). The protocol contains a number of provisions intended to minimize 
employee exposure to the irritant

[[Page 1231]]

smoke, which can be harmful to some individuals at high exposure 
levels.
    Irritant smoke is the oldest method of fit testing still in use. It 
was developed at the Los Alamos National Laboratory more than fifty 
years ago (Ex. 25-4). OSHA has approved the protocol in all of its 
health standards that allow QLFT (See 29 CFR 1910.1025 (Lead); 29 CFR 
1910.1027 (Cadmium); 29 CFR 1910.1028 (Benzene); 29 CFR 1910.1048 
(Formaldehyde)).
    The irritant smoke protocol also has the drawback, however, that 
excessive exposure to irritant smoke can cause severe irritation and, 
in some cases, permanent harm. For this reason, NIOSH (Ex. 54-437) 
recommended against the continued use of irritant smoke for qualitative 
fit testing. NIOSH has conducted the only study known to OSHA that 
assessed the concentrations of hydrogen chloride produced from irritant 
smoke tubes. When smoke tubes were attached to an aspirator bulb, NIOSH 
measured concentrations of hydrochloric acid that ranged from 100 ppm 
(measured at a distance of six inches from the end of the smoke tube) 
to 11,900 ppm (measured at a distance of two inches). The use of a low-
flow pump produced hydrogen chloride concentrations ranging from 1500 
ppm to more than 2000 ppm within 10 seconds of turning on the pump. 
NIOSH did not measure the amount of irritant smoke inside any 
respirator facepieces (Tr. 411). The OSHA PEL for hydrogen chloride is 
a ceiling limit of 5 ppm, which may not be exceeded at any time (29 CFR 
1910.1000(a)). NIOSH has established an IDLH value of 50 ppm and notes 
that a concentration of 309 ppm has been reported as the level of 
hydrogen chloride causing a severe toxic endpoint in laboratory 
animals. NIOSH also cited a recommendation by a National Academy of 
Sciences committee to limit emergency exposure to 20 ppm (Ex. 54-437R 
at p. 6).
    NIOSH performed these measurements after evaluating irritant smoke 
testing at the request of the Anchorage Alaska Fire Department (Ex. 54-
437R) because four firefighters had reported experiencing either skin 
or eye irritation during irritant smoke fit testing inside a test 
enclosure. NIOSH additionally described a telephone report it had 
received of vocal chord damage caused by exposure to hydrochloric acid 
during an irritant smoke fit test. OSHA notes, however, that this fit 
test was performed inside a test enclosure and that the test subject 
failed four consecutive fit tests using this challenge agent (Tr. 411).
    TSI, Inc. (Ex. 54-303), the manufacturer of the Portacount QNFT 
system, also recommended that the irritant smoke QLFT protocol be 
deleted from the final standard. Like NIOSH, TSI was concerned that 
employees being fit tested may be exposed to hydrochloric acid in 
excess of the PEL and, sometimes, in excess of the IDLH level. TSI also 
stated that the proposed protocol did not contain a threshold test to 
measure the employee's sensitivity to irritant smoke, and does not 
provide a means for generating a stable test-agent concentration. The 
3M Company (Ex. 137), citing the NIOSH recommendation that irritant 
smoke not be used for fit testing, also recommended against its use. In 
addition, 3M stated that ``the irritant smoke test has not yet been 
completely validated. Neither the level of smoke necessary to evoke a 
response nor the challenge concentration during the fit test have been 
measured and shown to be reproducible.''
    In contrast, OSHA received comments urging that it continue to 
approve the irritant smoke protocol. The Organization Resources 
Counselors, Inc. (ORC) (Ex. 54-424) noted that the irritant smoke 
protocol is generally considered to be one of the easiest, cheapest, 
quickest, and most effective QLFT methods available, although ORC 
recognized that precautions must be taken to minimize exposures. For 
example, ORC pointed out that irritant smoke fit testing should not be 
performed in a small chamber, such as an inverted plastic bag or hood, 
since this could allow the accumulation of high concentrations of 
hydrogen chloride. SEIU (Ex. 54-455) supported the use of irritant 
smoke QLFT because of the benefits of its involuntary response. The 
SEIU stated:

    SEIU objects to the use of non-irritant challenge agents 
(isoamly acetate and saccharine). We have found that many of our 
members are pressured to complete fit tests quickly and get back to 
work, and hence will not acknowledge when a respirator has leaked 
during a fit test. The reaction to an irritant fume is very 
difficult to disguise.

    Willson Safety Products (Ex. 54-86) also supported the use of the 
irritant smaoke fit test, citing ``the thousands of businesses who now 
use the irritant smoke fit test procedure with a 50 ml squeeze bulb. 
They find the irritant fume protocol the least complicated and most 
easily performed of the QLFT protocols.''
    All of the comments urging OSHA not to approve the irritant smoke 
protocol were based on the possibility that the test could expose 
employees to high levels of hydrogen chloride. The irritant smoke 
protocol in Appendix A has been carefully designed to minimize such 
exposures. The initial and post fit-test sensitivity checks must be 
performed with ``a small amount'' of ``a weak concentration'' of 
irritant smoke, with care being taken to use ``only the minimum amount 
of smoke necessary to elicit a response.'' (See provisions I.B.5(a)(4); 
and 5(b)(3)). Test subjects are to be instructed to close their eyes to 
prevent eye irritation during the test. The test must be performed in a 
well-ventilated area to prevent any build-up of irritant smoke in the 
general atmosphere (provision I.B.5(a)(5)). Unlike other QLFT methods, 
the irritant smoke test may not be performed inside a test enclosure or 
hood (provision I.B.5(a)(3)).
    Persons being fit tested must pass a user seal check before the fit 
testing begins (See provision I.A.8). The irritant smoke fit test 
starts with a small amount of the irritant smoke being produced from a 
smoke tube, and the person being tested wafting a small portion of the 
smoke toward his or her breathing zone to determine if any gross 
facepiece leakage occurs. Only after determining that the initial fit 
is adequate does the operator direct smoke at the facepiece seal area, 
starting at least 12 inches away from the head and working around the 
seal area and gradually approaching the test subject's face. Because 
the test is performed in an open area, the person being tested can step 
back into clean air any time irritant smoke is detected within the 
mask. This limits the maximum exposure to as little as one breath of 
irritant smoke.
    Following this protocol would have avoided both of the adverse 
reaction incidents NIOSH described. In the Anchorage case, positive 
pressure SCBAs were fit tested by placing the users inside a test 
enclosure and pumping it full of irritant smoke. The users were 
apparently not warned to close their eyes during the fit test. The use 
of a test enclosure is expressly prohibited in the OSHA protocol, as is 
exposing test subjects to more than the minimum amount of smoke 
necessary to elicit a response. And test subjects must be instructed to 
close their eyes during testing. The test subject in the second 
incident who suffered damage to her vocal cords was also tested inside 
a test enclosure; in addition, she failed four consecutive fit tests 
involving this agent. Repeated testing of a subject who fails the test 
not once, but four consecutive times, inside a test enclosure filled 
with irritant smoke is prohibited by the OSHA protocol. Following the 
OSHA-accepted protocol would have reduced to substantially lower levels 
the exposures received by these employees.

[[Page 1232]]

    In approving this fit test protocol, OSHA is not discounting the 
evidence that irritant smoke can cause adverse reactions in test 
subjects. All of the cases OSHA is aware of, however, involve tests 
that were not done in a way that OSHA considers acceptable, and 
consequently exposed the test subjects to excessive concentrations of 
irritant smoke. OSHA emphasizes the critical importance of following 
its approved protocol, including all of the safeguards against 
excessive exposure, when this test is used. Indeed, paragraph (f)(5) 
requires that employers follow these protocols and failure to do so 
constitutes a violation of the standard.
    Participants also made a number of suggestions about specific 
aspects of the protocol. The proposed irritant smoke protocol, which 
was derived from protocols promulgated in other standards (29 CFR 
1910.1025 and subsequent health standards), required the use of a low-
flow air pump set to deliver 200 milliliters of irritant smoke per 
minute. Several participants commented that an aspirator bulb should be 
acceptable for generating an irritant smoke test agent, and that 
further justification was needed for requiring a low-flow air pump 
(Exs. 54-38, 54-86, 54-135, 54-309, 54-316, 54-324, 54-363, 54-424). 
The Coastal Corporation (Ex. 54-272) said that requiring only the low-
flow air pump would impose an unnecessary financial burden, and 
recommended that OSHA allow for alternative methods, such as an orifice 
adapter on a compressed air system, for delivering a uniform stream of 
irritant smoke. The ISEA (Ex. 54-363) stated that its members were not 
aware of a commercially available low-flow air pump, and also 
recommended that an aspirator bulb, which it said was now used by many 
fit test operators, be allowed instead.
    In response to these comments, the requirement that only a low-flow 
pump may be used to generate the irritant smoke has been changed in the 
final standard. In addition to the low-flow pump, an aspirator squeeze 
bulb may be used to generate the irritant smoke for fit testing. 
However, care must be taken by the fit test operator to ensure that the 
aspirator bulb produces irritant smoke at the required flow rate of 200 
ml/minute. Since aspirator bulbs vary in size, the person performing 
the fit test must know the volume of the aspirator bulb being used to 
push air through the smoke tube. The number of bulb squeezes per minute 
will vary depending on bulb volume. For example, a large 50 ml bulb 
would need four squeezes per minute to produce the required volume of 
irritant smoke, while a smaller 25 ml bulb would need eight squeezes 
per minute. The squeezes should be uniform, and evenly spaced out 
through each minute to maintain a relatively constant flow of irritant 
smoke. The use of an aspirator bulb to deliver the test agent at a 
stable, constant rate requires some skill on the part of the test 
operator, since each squeeze can be different, and care must be taken 
by the fit test operator to produce a steady stream of irritant smoke. 
An aspirator bulb can produce a large amount of irritant smoke during a 
single squeeze. However, the squeeze bulb method when properly 
performed can be an effective fit test for determining facepiece fit. 
Willson Safety Products (Exs. 54-86) submitted a March 4, 1991 letter 
of interpretation it had received from Thomas Shepich of the OSHA 
Directorate of Technical Support regarding the use of a squeeze bulb 
for performing the irritant smoke QLFT under the asbestos, lead, 
benzene and formaldehyde standards. Mr. Shepich stated:

    In your letter you indicated that a majority of your customers 
use a 50 ml rubber squeeze bulb that is capable of delivering a flow 
of 200 ml of air per minute if used correctly. You also express 
concern over the need to spend $500.00 or more to use a mechanical 
pump since the rubber squeeze bulb can adequately meet the intent of 
the OSHA standard.
    The QLFT method is a pass/fail test. Since a rubber squeeze bulb 
generated challenge agent can be as effective as a mechanically 
aspirated one, the intent of the standards has been met. The 
training of individuals administering QLFT by the rubber squeeze 
bulb method must include techniques on the proper number of 
compressions per minute necessary to generate an appropriate air 
flow.

    A few other modifications to the protocol have also been made. As 
the ISEA (Ex. 54-363) recommended, the term ``irritating properties'' 
has been substituted for ``characteristic odor'' in the irritant smoke 
protocol in Appendix A, since the term better describes what the 
employee experiences. Based on ORC recommendations (Ex. 54-424), the 
reference to the MSA smoke tube has been removed, and language has been 
added requiring that the end of the smoke tube be covered with a short 
length of tubing to prevent injury from any jagged glass where the tube 
has been opened. As the AIHA (Ex. 54-298) recommended, the description 
``involuntary cough'' has been added to the description of the response 
to irritant smoke. A clear statement that no form of test enclosure or 
hood is to be used with irritant smoke has been added, as supported by 
ORC (Ex. 54-424), and in response to the problems described by NIOSH 
and TSI (Exs. 54-303; 54-437R).
Quantitative Fit Test (QNFT)
    Appendix A includes three quantitative fit test protocols, the 
generated aerosol protocol, the Portacount <SUP>TM</SUP> protocol that 
uses ambient aerosol as the test agent and a condensation nuclei 
counter (CNC) as the test instrumentation, and the controlled negative 
pressure (CNP) protocol (i.e., the Dynatech FitTester 3000 
<SUP>TM</SUP>). Only the generated aerosol protocol was included in the 
proposal. Each QNFT method is described in a separate section of 
Appendix A.
    Part I of section C contains general requirements for QNFT. The 
employer is to ensure that the individuals who perform the QNFT, 
whether employees or contractors, are able to calibrate equipment and 
perform tests properly, recognize invalid tests, calculate fit factors 
properly and ensure that test equipment is in proper working order. The 
employer is also responsible for ensuring that the QNFT equipment is 
cleaned, maintained, and calibrated according to the manufacturer's 
instructions so that it will operate as designed.
    Respirators used for QNFT must be in proper working condition. 
Respirators are to be rejected if leakage is detected from exhalation 
valves that fail to reseat adequately, near the probe or hose 
connections, or if the respirator is missing gaskets. The requirement 
in paragraphs (h)(1)(iv) and (h)(3)(i)(A) that all respirators used in 
non-emergency situations be inspected for defects before each use and 
cleaned after each use also apply to fit testing. The test operator 
must inspect the test respirator for: cracking, holes, or tears in the 
rubber body of the facepiece; cracks or tears in valve material and in 
the inhalation and exhalation valve assemblies; foreign material 
between the valve and valve seats; proper installation of the valve 
body in the facepiece; and warped or wrinkled valves. Respirators with 
any of these defects cannot be used for fit testing.
    A user seal check must be conducted prior to starting QNFT to 
ensure that the respirator facepiece is properly adjusted. The use of 
an abbreviated, or screening, QLFT before QNFT fit testing to identify 
poorly fitting respirators is optional.
Paragraph 2--Generated Aerosol QNFT
    The procedures for conducting the generated aerosol quantitative 
fit test are widely recognized and accepted by the industrial hygiene 
community. The test is performed inside a test unit such as

[[Page 1233]]

a hood, portable booth, or chamber. An aerosol of a test agent is 
generated inside the enclosure. A stable ambient test agent 
concentration must be achieved prior to beginning the test exercise 
regimen. The test unit must be large enough to permit the employee 
being tested to freely perform the QNFT exercise regimen without 
disturbing the test agent concentration, and the unit must effectively 
contain the test agent in a uniform concentration.
    During the test, the respirators are fitted with filters, such as 
high efficiency HEPA, or P100 filters, that offer 99.97% efficiency 
against 0.3 micron aerosols as defined by NIOSH in 30 CFR part 11 or 42 
CFR part 84. Therefore, virtually any measurable leakage should be the 
result of leaks between the respirator sealing surface and the 
respirator user's face. If test agents other than particulates are 
used, the sorbent/filters must offer a similar degree of collection 
efficiency against the test agent. The concentration of the test agent 
is measured both inside and outside the respirator. Commonly used 
detection methods include forward light-scattering photometry or flame 
photometry.
    Three methods were proposed for using the results of these 
measurements to calculate fit factors: the average peak penetration 
method; the maximum peak penetration method; and the use of an 
integrator to calculate the area under the individual peak for each 
exercise (59 FR 58919). OSHA proposed that the fit factor derived from 
QNFT using test agents be calculated by dividing the average test agent 
concentration inside the chamber (i.e., the ambient concentration) by 
the average test agent concentration inside the respirator for each 
test exercise (excluding the grimace exercise). The average ambient 
concentration is derived from the measurement of the test agent 
concentration in the test chamber (i.e., outside the respirator) at the 
beginning and end of the test. TSI, Inc. (Ex. 54-8) stated that while 
the language proposed for determining the average test chamber 
concentration was correct, better accuracy could be obtained by 
averaging the chamber concentration before and after each exercise, and 
by allowing for continuous chamber concentration measurements. OSHA 
agrees that the standard should allow for these other methods of 
measuring average test chamber concentration, and has adopted the 
revised language submitted by TSI.
    In the proposal, the average test agent concentration inside the 
respirator was to be determined from the aerosol penetration during 
each test exercise using one of three approved methods for calculating 
the overall fit factor. TSI, Inc. (Ex. 54-8) noted that the intuitive, 
but algebraically incorrect, method of computing the arithmetic average 
of the fit factors for all exercises (i.e., for instruments that report 
their exercise results as fit factors instead of peak penetrations) 
would result in an overestimation of the overall fit factor. This 
commenter suggested that OSHA adopt the equation from the draft ANSI 
Z88.10 fit testing standard that correctly states how to perform the 
fit factor calculation for instruments that report results as exercise 
fit factors instead of peak penetration values. OSHA agrees and has 
added this equation to Appendix A in the final standard.
    The test aerosol penetration measured for the grimace exercise is 
not to be used in calculating the average test agent concentration 
inside the respirator (See provision I.C.2(b)(8)(i)). The purpose of 
the grimace exercise is to determine whether the respirator being fit 
tested will reseat itself on the face after the respirator seal is 
stressed during the exercise. With a properly fitting respirator, the 
test instrumentation should record a rise in test agent concentration 
inside the mask during the grimace exercise, and a drop in test agent 
concentration when the respirator reseats itself. If the respirator 
fails to reseat itself following the grimace exercise, the subsequent 
normal breathing exercise will show excessive leakage into the mask and 
result in a failed fit test. Since even a properly fitting respirator 
may show increased test agent penetration during part of the grimace 
exercise, the penetration value measured during the grimace exercise is 
not to be used in calculating the overall fit factor.
    A clear association is required between an event taking place 
during testing and the record of the event. This requirement is 
critical for the proper calculation of aerosol penetration for specific 
test exercises. Short duration leaks (displayed as peaks on the 
recording instrument) can occur during, and as a result of, each fit 
test exercise, and these leaks indicate poor respirator fit. These 
penetration peaks are used to determine the fit factor. An inability to 
measure these penetration peaks could result in the fit factor being 
overestimated, since averaging all the test exercise penetration peaks 
may obscure the high penetration levels that occur during a test 
exercise. An inability to clearly associate the exercise event with the 
recording makes correct calculation of the fit factor impossible.
    Several factors can affect the time interval between an exercise 
event occurring during QNFT and the recording of the event, such as the 
diameter of the sampling line, sampling rate, and the length of the 
sampling line. Response time will increase with an increase in the 
length and/or diameter of the sampling line. Therefore, the length and 
inside diameter of the sampling line should be as small as possible. 
The line used for sampling the test chamber test agent concentration, 
and the line used for testing the test agent concentration inside the 
respirator, must have the same length and inside diameter so that 
aerosol loss caused by aerosol deposition in each sample line is 
equivalent for the two lines.
    To minimize both contamination of the general room atmosphere and 
test operator exposure to the test agent, the generated aerosol 
protocol requires that air exhausted from the test unit must pass 
through a high-efficiency filter (or sorbent).
    Since the relative humidity in the test chamber may affect the 
particle size of sodium chloride aerosols, the protocol further 
requires that the relative humidity of the test unit be kept below 50 
percent. This requirement is consistent with manufacturer's 
instructions for sodium chloride units.
    Prior to beginning the generated aerosol QNFT, a stable test agent 
concentration must be achieved inside the test unit. The concentration 
inside small test booths or waist-length hoods may be diluted 
significantly when the employee enters the booth. Normally, the test 
agent concentration will stabilize within two to five minutes.
    Adjustments to the respirator must not be made during the QNFT. Any 
facepiece fit adjustments must be made by the employee before starting 
the exercise regimen. This requirement will prevent manipulation of the 
respirator during fit testing to achieve higher fit factors. The fit 
test is to be terminated whenever any single peak penetration exceeds 
two percent for half masks and quarter facepiece respirators, and one 
percent for full facepiece respirators. Such leaks correspond to fit 
factors below 100 for half masks and 500 for full facepiece 
respirators, and indicate an unacceptable respirator fit. In such 
cases, the respirator may be refitted or adjusted, and the employee 
retested. If a subsequent QNFT test performed after the respirator has 
been refitted or adjusted is terminated because of excessive 
penetration, then the respirator fit for that individual must be 
considered unacceptable, and a different respirator must be selected 
and tested.
    OSHA had proposed that an employee successfully complete three 
separate fit

[[Page 1234]]

tests with the same respirator using a QNFT protocol. The proposed 
requirement was derived from the fit testing protocols in OSHA's 
substance-specific standards, e.g., the Benzene standard (29 CFR 
1910.1028). This proposed provision received more than 150 comments. 
Many commenters stated that only a single QNFT was needed, and that the 
additional tests would only increase the cost of fit testing without a 
corresponding improvement in attaining a successful fit (Exs. 54-11, 
54-26, 54-35, 54-37, 54-41, 54-44, 54-63, 54-83, 54-114, 54-124, 54-
139, 54-208, 54-289, 54-316, 54-359, 54-363). Some said that requiring 
three tests for QNFT would discourage employers from adopting QNFT (Ex. 
54-164), or would force employers to use the less protective QLFT, 
which requires only one fit test (Exs. 54-316, 54-359, 54-363, 54-434). 
One commenter stated that three fit tests for QNFT would only be needed 
if OSHA allows higher APFs based on the results (Ex. 54-84). (OSHA 
notes that the concept of increasing the APF based on repeated fit 
testing, originally contained in the ANSI Z88.2-1980 respirator 
standard, was subsequently removed from the Z88.2-1992 revision of that 
standard (Ex. 54-443)). The Bath Iron Works (Ex. 54-340) stated that 
the variation between separate fit tests is significant, and 
recommended that this problem could be resolved by increasing the 
safety factor beyond 10. Other commenters suggested that increasing the 
fit factor required for passing a single QNFT was an alternative to 
requiring three fit tests (Exs. 54-139, 54-154, 54-173, 54-340).
    The final standard does not include the requirement to perform 
three successful QNFTs because performing three tests has not been 
shown in this record to better detect poor respirator fit. Increasing 
the safety factor of 10, thereby raising the minimum fit factor 
required to pass a QNFT, also has not been adopted by OSHA because 
experience indicates a safety factor of ten is sufficient. While many 
employers have, on their own, decided to require higher fit factors 
during fit testing, data in the record do not support the suggestion 
that increasing the safety factor beyond 10 is appropriate. Using a 
safety factor of 10 is current practice in fit testing, and is used to 
account for the variability in fit testing procedures, as well as other 
variables (e.g., differences in respirator fit between the workplace 
and during fit testing).
    The results of the fit test must be at or above the minimum fit 
factor required for that class of tight-fitting air-purifying 
respirator. The required fit factors are established by applying a 
safety factor of 10 to the APFs for that class of respirator. For 
example, quarter and half mask air-purifying respirators with an APF of 
10 must achieve at least a fit factor of 100, and full facepiece air-
purifying respirators with an APF of 50 require a minimum fit factor of 
500.
Paragraph 3--Condensation Nuclei Counter (CNC) QNFT
    A protocol for the ambient aerosol condensation nuclei counter 
(CNC) quantitative fit testing protocol (i.e., TSI, Inc. Portacount 
<SUP>TM</SUP>) has been added to the final standard as an accepted QNFT 
method. Many commenters pointed to the need for a CNC QNFT protocol. 
Commenters, (Exs. 54-216, 54-326, 54-359) noted that the Portacount is 
the most commonly used method, and that sufficient data have been 
developed over the past several years to validate its effectiveness. 
The use of the Portacount has been allowed by OSHA under a compliance 
interpretation published in 1988. Commenters urged that the ambient 
aerosol CNC method be included in the list of accepted QNFT methods in 
the final standard (Exs. 54-216, 54-326, 54-359). OSHA agrees with 
these comments. The written instructions for performing the fit test in 
Appendix A are essentially the same as the instructions provided by the 
manufacturer.
Paragraph 4--Controlled Negative Pressure (CNP) QNFT
    The protocol for the controlled negative pressure (CNP) 
quantitative fit test method (Dynatech Nevada FitTester 3000 
<SUP>TM</SUP>) has also been added to the list of accepted QNFT 
methods. This fit test method involves the use of a fit test instrument 
to generate a controlled negative pressure inside the facepiece of the 
respirator to measure the resulting leak rate.
    This fit test protocol is the same protocol allowed by OSHA under a 
compliance interpretation letter issued in 1994 and based on various 
studies on the performance of the CNP method conducted by its 
developer, Dr. Cliff Crutchfield (Exs. 71, 54-436). These studies 
reported results that were validated by comparing them to results from 
the existing aerosol fit test systems. The data showed that the fit 
factors measured with CNP are always lower than the fit factors 
measured with an aerosol QNFT. OSHA had reviewed these studies before 
issuing its compliance letter. OSHA believes that the CNP method, based 
on Dr. Crutchfield's validation data, constitutes adequate support for 
the method's reliability in rejecting bad fits. Although no body of 
data is available that describes employer experience using the CNP 
method in the workplace, OSHA is confident that the extensive 
validation data showing consistently conservative results using CNP 
means that this method will identify bad fits at least at the same rate 
as other accepted fit test protocols.
    Several commenters urged OSHA to provide a protocol for the CNP 
method and to list it as approved (See, e.g., Exs. 54-167, 54-216). In 
addition, NIOSH in its comments and testimony stated that ``NIOSH 
recommends that OSHA recognize * * * the following fit test procedures 
as acceptable * * * Quantitative fit tests using controlled negative 
pressure and appropriate instrumentation to measure the volumetric leak 
rate of a facepiece to quantify the respirator fit'' (Tr. 359, Ex. 54-
437). NIOSH further stated in its comment (Ex. 54-437) that ``[o]nly 
the controlled negative pressure fit test system, which has been 
excluded in the OSHA proposal, has been subjected to limited 
validation'' (Decker and Crutchfield, 1993). The State of Washington 
Department of Labor and Industries (Ex. 54-173) requested that OSHA 
provide performance criteria so that methods such as ``Dynatech test 
equipment'' described as ``proven'' and ``accepted'' may more easily be 
used.
    Penelec/Genco reported favorable experience using the CNP method 
(Ex. 54-167). As stated in its comment:

    Penelec/Genco recently quantitatively fit tested approximately 
1500 employees on both half and full face respirator facepieces 
using the Dynatech/Nevada FitTester 3000. For the past 10 years we 
have performed fit tests using particle counting equipment. We are 
most pleased with the results provided by the FitTester 3000 * * * 
We believe that the science is sound, the equipment is reliable, and 
the results are valid. When used as part of a complete respiratory 
protection program, we believe controlled negative pressure fit 
testing is an effective way of matching each person with the best-
fitting, most comfortable facepiece respirator.
    All the peer-reviewed studies consistently show that controlled 
negative pressure equipment and protocols always produce more 
conservative fit test results than particle counting equipment and 
protocols. Our experience totally supports this.
    We find the Dynatech/Nevada FitTester 3000 to be durable, 
reliable and easy to use. Results are always reproducible, with 
minimum variation. Employee acceptance is excellent, especially 
because they get a direct perception of fit (leaks or lack of) which 
corresponds well to the machine's fit results.
    Using the FitTester 3000 we are able to select more comfortable, 
better fitting respirators for our employees. We believe that 
certain respirator brands are far superior to others in terms of fit 
and comfort. As a result, we have switched brands. Our

[[Page 1235]]

employees are far more satisfied with the fit and comfort of their 
new respirators * * * (Ex. 54-167)

    TSI, Inc. (Exs. 54-229, 54-302) stated that OSHA should reject the 
CNP method as a valid QNFT, since employees who are tested using this 
method must hold their breath and remain motionless during the 
measurement, i.e., they cannot perform the required exercises 
simultaneously with the measurement. According to TSI (Ex. 171), 
dynamic exercises are necessary to simulate the face seal stresses 
imposed by workplace conditions. Dr. Crutchfield, in his post-hearing 
submission (Ex. 134), responded to statements made by Jeff Weed of TSI 
at the hearing and in TSI's submissions to the record regarding the CNP 
fit test method. He discussed the ability of aerosol-based fit test 
methods to measure transient leaks, stated that leakage occurs with 
inhalation, and that the CNP method measured more respirator leakage 
than aerosol-based systems, and further, that CNP fit factors ``tend to 
align more closely with workplace protection factors than do aerosol-
based fit factors.'' Dr. Crutchfield stressed the importance of being 
able to effectively measure fundamental leakage into the respirator, 
stating that ``most dynamic exercises do not seem to have a 
statistically significant effect on measured fit factors.''
    OSHA recognizes the need to perform fit testing exercises to stress 
the facepiece seal, and has included a full range of exercises in the 
CNP protocol in Appendix A. They differ from the exercises for the CNC 
method, since test results are not taken while the test exercise is 
being performed, but are taken after the exercise is completed. 
However, since the CNP method cannot distinguish changes in facepiece 
volume that are related to movement during an exercise from leakage 
into the facepiece caused by poor respirator fit, the CNP protocol 
requires that the employee remain motionless during the short sampling 
period that is required after each exercise. OSHA believes that any 
changes in fundamental fit caused by the test exercises should, 
consequently, be measured by the CNP method during the 10-second 
sampling period following each exercise, and that this does not affect 
the test's ability to detect poor fits when the seal is stressed.
    In addition to the OSHA-accepted CNP fit test protocol, Dr. 
Crutchfield (Tr. 254) testified about a new fit test protocol for the 
CNP method. This new protocol is substantially different from the OSHA-
accepted protocol, which requires the performance of test exercises 
followed by CNP measurements. The new protocol was also described in 
detail in a letter from Senator John McCain of Arizona on behalf of Dr. 
Crutchfield (Ex. 54-460). The new protocol submitted after the close of 
the post-hearing comment period is described as consisting of three 
exercises and two redonnings. The first exercise measured ``fundamental 
respirator fit'' with the head facing forward. The second exercise was 
a bending exercise, with the respirator parallel to the floor. The 
third exercise consisted of vigorously shaking the head from side-to-
side for three seconds, followed by a ``fundamental fit'' measurement. 
The respirator user then is required to remove and redon the respirator 
twice, with ``fundamental fit'' measured after each redonning. This 
protocol results in five CNP measurements, from which a harmonic mean 
fit factor is calculated and used to make a pass-fail determination for 
the fit test.
    The information on the new protocol was not submitted to the 
rulemaking docket in time to allow an opportunity for public comment. 
OSHA, therefore, cannot include it in this final standard. Appendix A, 
Part II establishes procedures by which OSHA will approve new fit 
testing protocols after allowing opportunity for public comment. A 
proponent of the revised CNP fit test protocol may submit it for 
approval in accordance with Appendix A, Part II.
    Proposed part (II)(A)(12) of Appendix A required that the employer 
maintain a record of the qualitative or quantitative fit test 
administered to an employee. This requirement has been moved to 
paragraph (m)(2) in the final standard to consolidate the standard's 
recordkeeping requirements. The fit test record must include the date 
and type of fit test performed, employee information, and type of 
respirator. When a QNFT is administered, a record of the test (e.g., 
strip charts, computer integration) must be retained. The fit test 
records are to be maintained until the next fit test is administered. A 
record is necessary for OSHA to determine compliance by verifying that: 
the employee has been fit tested, both prior to starting respirator use 
and at least annually thereafter; the tested employee passed the 
qualitative fit test or achieved a sufficiently high fit factor to pass 
the quantitative fit test for the required assigned protection factor; 
the quantitative fit test was correctly performed, and the fit factor 
calculated properly; and the model and size of the respirator used 
during fit testing are the same as the model and size of the respirator 
used by the employee in the workplace.
New Fit Test Protocols
    Paragraph (f)(3) of the proposed rule stated that OSHA would 
evaluate new fit test protocols under criteria specified in Section I 
of Appendix A and would initiate rulemaking under section 6(b)(7) of 
the OSH Act if the proponent of a new fit test method submitted the 
method and validation testing data to OSHA for evaluation. The section 
listed detailed criteria OSHA would apply in determining whether to 
approve the new protocol.
    Some commenters recommended alternative approaches for approving 
new fit test protocols. Mobil Oil (54-234) and the American Petroleum 
Institute (Ex. 54-330) suggested that NIOSH should be the reviewer of 
alternative fit test methods. Exxon (Ex. 54-266) questioned the role 
OSHA would have in the approval of new fit test protocols, stating that 
NIOSH or other agencies or laboratories could better review new fit 
test methods. The American Association of Occupational Health Nurses 
(Ex. 54-213) supported the use of other new fit test methods, provided 
that they have been demonstrated to be statistically equivalent to the 
existing OSHA-accepted methods, but stated that the administrative 
rulemaking procedure OSHA had proposed would result in delays and 
paperwork that would discourage the development of new methods. The 
Composites Fabricators Association (Ex. 54-295) also stated that 
subjecting new fit test methods to rulemaking would discourage an 
employer from developing or adopting any fit test method not already 
approved by OSHA. The Society of the Plastics Industry (Ex. 54-310) 
stated that rulemaking on new methods was unnecessary, and that OSHA 
should publish criteria for fit tests and allow employers to adopt new 
methods without cumbersome rulemaking. The National Association of 
Manufacturers (Ex. 54-313) proposed that publication of a new fit test 
method in a peer-reviewed journal should be prima facie evidence that 
the method had been validated.
    OSHA cannot accept the suggestion by some commenters that it should 
accept new fit test protocols without following the OSH Act's 
rulemaking procedures. Appendix A was adopted under the OSH Act's 
rulemaking procedures and, under section 6(b) of the Act, can only be 
modified through the same rulemaking procedures. Modifications to 
Appendix A to add new fit test protocols would therefore

[[Page 1236]]

have to undergo the same type of rulemaking scrutiny, including the 
opportunity for public comment, that the approved protocols have 
received.
    In response to comments received, OSHA has modified Appendix A from 
the version contained in the proposal. These changes streamline the 
process of approving new fit test protocols by assuring that any new 
method proposed is supported by data of high quality. As modified, 
Appendix A also takes a more performance-oriented approach to the 
approval process than did the proposal. Rather than listing the 
detailed criteria a new fit test protocol must satisfy, final Appendix 
A requires that a proposed new protocol be supported either by test 
results obtained by an independent government research laboratory or by 
publication in a peer-reviewed industrial hygiene journal.
    Both of these options will assure that any new fit test protocol 
proposed will have a sound scientific basis before being submitted to 
OSHA. Government research laboratories such as Los Alamos National 
Laboratory and Lawrence Livermore National Laboratory have considerable 
expertise in reviewing new fit test protocols to determine whether they 
are safe, accurate, and statistically valid. A favorable recommendation 
by such a laboratory, along with the supporting data gathered by the 
laboratory, will provide a solid basis on which OSHA can base its 
evaluation. Moreover, because the laboratory's report and 
recommendation will be in the public record when the OSHA rulemaking 
proceeding begins, the public will have the opportunity to examine the 
data supporting the proposed new method and to provide any additional 
data either in support of or in opposition to the proposed method.
    An application for a new test protocol that has been published in a 
peer-reviewed industrial hygiene journal will similarly provide a sound 
basis for rulemaking on the new method. Like review by a national 
research laboratory, the peer-review process assures that the data 
supporting the method has been scrutinized and found acceptable by a 
neutral party with expertise in evaluating fit test methods. The 
published article would be available to the public when the rulemaking 
commences, and interested members of the public would therefore be 
apprised of all relevant aspects of the proposed method and would be 
well-positioned to comment on the method.
    OSHA believes that the final rule's approach will streamline the 
process of accepting new fit test protocols and avoid discouraging the 
development of new methods. A rulemaking on a new protocol would thus 
only begin after the protocol's proponent has established a solid basis 
for seeking the Agency's approval. At the time the rulemaking begins, 
interested members of the public would know the scientific basis on 
which approval is sought and would be able to afford OSHA the benefit 
of their views. The rulemaking process should therefore be able to 
proceed more quickly than if OSHA were to evaluate data that had not 
previously been scrutinized by an expert body and were to base the 
approval process on the detailed criteria contained in Appendix A of 
the proposed rule. And because the rulemaking process can be expected 
to proceed expeditiously once a qualifying application has been 
submitted, parties interested in developing new protocols should not be 
discouraged from doing so.
    New fit test methods are to undergo notice and comment rulemaking. 
This decision reflects OSHA's long experience in evaluating fit test 
methods, which includes, in this rulemaking, such fit test methods as 
the ``condensation nuclei counter'' (CNC) method and the ``controlled 
negative pressure'' (CNP) method and, in past rulemakings, the 
``saccharin QLFT'' method and the ``isoamyl acetate QLFT'' method. In 
the past 20 years there have only been a few new methods, but each has 
required the evaluation of supporting data, and each new method has 
generated wide public interest and comment. New fit test methods, 
particularly those that involve new scientific principles and new 
techniques for evaluating respirator performance, require full 
consideration and public discussion of the issues by the regulated 
community, competitive interests, respirator experts, and labor groups. 
The notice and comment rulemaking process will ensure that OSHA 
receives the necessary public input, as well as data required for open 
evaluation, and that all interested parties have a chance to comment 
publicly on any new method. Publishing a new fit test method in the 
Federal Register should: elicit public comment and debate over the 
merits of the method; notify the regulated community of the possible 
availability of a new method; and solicit any additional information 
that would be relevant for consideration before OSHA makes its final 
decision. OSHA does not intend the rulemaking process to be cumbersome 
or involved, but such a process will ensure that all information and 
comments are available to the public, and that any known problems with 
the new method are addressed before final acceptance.
    Adopting an approach that allows for the acceptance of new fit test 
methods is a fundamental change to this standard. Fit test methods 
directly impact a worker's health, since fit tests are designed to 
identify poorly fitting respirators. Without the careful evaluation 
that a new fit test method will receive during the rulemaking process, 
OSHA cannot be sure that a flawed fit test method would not be 
developed and marketed to respirator users. If used to select 
respirators, a flawed method would lead to unnecessary worker exposure 
to hazardous substances, since poorly fitting respirators would not be 
detected by the method. Determining the reliability of new fit test 
methods requires more evaluation, for example, than do new respirator 
cleaning methods or new user seal check methods, which can be developed 
by the respirator manufacturer (See Appendix B). New cleaning methods 
and user seal checks need not undergo rulemaking to become accepted 
methods. The more rigorous evaluation through notice and comment is 
required only for new fit testing methods, where OSHA experience has 
shown the need for a public review of performance.
    Moldex (Ex. 54-153) Mobil Oil (Ex. 54-234), Exxon (Ex. 54-266), and 
the American Petroleum Institute (Ex. 54-330), recommended that OSHA 
allow interested parties other than employers to submit new fit test 
methods for OSHA acceptance. In the past, OSHA has allowed other 
interested parties, such as the developers of new fit test equipment, 
to submit new test protocols and methods for OSHA approval, and will 
continue to do so. To make this explicit, the final rule states that a 
proposed new protocol may be submitted by any person.

Paragraph (g)--Use of Respirators

    The final rule requires employers to establish and implement 
procedures for the proper use of respirators. Paragraph (g)(1) contains 
specific requirements for ensuring an adequate facepiece seal each time 
a respirator is used. Paragraph (g)(2) requires employers to reevaluate 
respirator effectiveness when there are changes in environmental or 
user conditions, as well as requiring that employees leave the 
respirator use area if they detect any signs that respirator 
effectiveness has been compromised or to perform any adjustments. 
Paragraphs (g)(3) and (g)(4) address procedures for the use of 
respirators in IDLH atmospheres and in interior structural fire 
fighting, respectively.

[[Page 1237]]

    Paragraph (g) of the proposal addressed the same issues in the 
context of requiring employers to develop and implement written 
standard operating procedures. As suggested by a number of commenters, 
OSHA has deleted the requirement for written procedures in light of the 
fact that paragraph (c) already requires a written respiratory 
protection program (Exs. 54-38, 54-163, 54-226, 54-428). In addition, 
OSHA has moved to paragraph (d), governing respirator selection, the 
proposed paragraph (g) requirement that employers ensure that SCBAs are 
certified for a minimum service life of 30 minutes if they are to be 
used in IDLH atmospheres, for emergency entry, or for fire fighting. 
Final paragraph (g) thus contains only those requirements necessary for 
the appropriate use of respirators in non-IDLH, IDLH, and interior 
structural fire fighting atmospheres.
Paragraph (g)(1)--Facepiece Seal Protection
    Paragraphs (g)(1)(i) and (g)(1)(ii) are intended to ensure that 
facial hair, other conditions potentially interfering with the 
facepiece seal or valve function, and eyewear or other personal 
protective equipment does not interfere with the effective functioning 
of the respirator. Paragraph (g)(1)(iii) requires employees to perform 
a user seal check each time they put on a respirator for use in the 
workplace.
    Paragraph (g)(1)(i)(A) prohibits an employer from allowing 
respirators with tight-fitting facepieces to be worn by employees who 
have ``facial hair that comes between the sealing surface of the 
facepiece and the face or that interferes with valve function.'' 
Paragraph (g)(1)(i)(B) prohibits tight-fitting facepieces to be worn by 
employees who have any condition that interferes with the face-to-
facepiece seal or with valve function. The prior standard prohibited 
the wearing of respirators ``when conditions prevent a good face seal. 
Such conditions may be a growth of beard [or] sideburns * * *.'' The 
proposed requirement would similarly have prohibited employers from 
allowing tight-fitting respirator facepieces to be worn by employees 
``with conditions that prevent such fits.'' ``Facial hair that 
interferes with the facepiece seal'' was listed as one example of such 
a condition. The final rule thus clarifies the language of the NPRM.
    OSHA's final standard affords employers more flexibility than the 
ANSI Z88.2-1992 standard, Section 7.5.1, which prohibits the use of any 
respirator equipped with a facepiece, whether tight or loose-fitting, 
if the user has facial hair that comes between the sealing surface of 
the facepiece and the face. Although some commenters recommended that 
OSHA adopt the language of the ANSI standard (Exs. 54-218, 54-219), 
OSHA has determined that it is only necessary to apply the facial hair 
prohibition to tight-fitting respirators.
    The rulemaking record (Exs. 15-11, 15-26, 15-28, 15-27A, 15-30, 15-
33, 15-35, 15-36, 15-41, 15-52, 15-58, 15-62, 15-73, 15-77) also 
contains strong evidence that facial hair can interfere with tight-
fitting facepiece seals. According to the study by Hyatt and Pritchard, 
discussed further below, facial hair includes stubble (Ex. 23-5). A 
number of studies and comments that were submitted to the record (Exs. 
23-5, 36-49, 36-31, 36-45, 36-47, 54-443D, 54-408) addressed the effect 
of facial hair on respirator performance. McGee and Oestenstad (Ex. 23-
2) tested eight volunteers on a closed-circuit, pressure-demand, self-
contained breathing apparatus. The volunteers were clean-shaven at the 
beginning of the study. They underwent quantitative fit tests at two-
week intervals over an eight-week beard growth period. Beard growth had 
a profound, negative effect on the observed fit factors. Most of the 
volunteers started with fit factors of 20,000 when first fit tested; 
after eight weeks, these same workers achieved fit factors ranging only 
from 14 to 1067.
    In another study, E.C. Hyatt, J.A. Pritchard and others (Ex. 23-5) 
investigated the effect of facial hair on the performance of half-mask 
and full-facepiece respirators. Quantitative fit tests were performed 
on test volunteers with varying amounts of facial hair, including 
stubble, sideburns, and beards. The results showed that facial hair can 
have a range of effects on respirator performance, depending on factors 
such as the degree to which the hair interferes with the sealing 
surface of the respirator, the physical characteristics of the hair, 
the type of respirator, and facial characteristics. In general, the 
presence of beards and wide sideburns had a detrimental effect on the 
performance of the respirators. The authors concluded that:
    <bullet> Individuals with excessive facial hair, including stubble 
and wide sideburns, that interfere with the seal cannot expect to 
obtain as high a degree of respirator performance as clean shaven 
individuals.
    <bullet> The degree of interference depends on many factors (e.g., 
the length, texture, and density of facial hair) and the extent to 
which those factors interfere with the respirator's sealing surface.
    <bullet> Short of testing a bearded worker for fit daily, the only 
prudent approaches are to require that facial hair not interfere with 
the respirator seal surface (e.g., shave where the seal touches the 
face) or to prohibit the employee from working in areas requiring 
respiratory protection.
    Other fit testing studies also show that non-bearded workers have 
significantly higher fit factors than bearded workers. Skretvedt and 
Loschiavo (Ex. 23-3) tested both half-mask and full facepiece 
respirators on 370 male employees who were fit tested both 
qualitatively and quantitatively; 67 of the employees had full beards. 
The bearded workers consistently failed qualitative fit testing. 
Bearded employees using half-masks had a median fit factor of 12, while 
clean-shaven employees had a median fit factor of 2950. For full 
facepiece respirators, bearded workers had a median fit factor of 30 
and clean-shaven employees had a fit factor of greater than 10,000.
    Only one study found no significant difference in respirator 
performance for employees with or without beards. Fergin (Ex. 23-1) 
studied workplace protection factors, but not fit factors, for three 
different types of disposable respirators used by carbon setters during 
carbon setting and ore bucket filling operations. The study, which 
involved a total of 75 samples collected from 38 non-bearded and 22 
bearded workers, compared ambient concentrations with ``in-mask'' 
concentrations. Beard types were classified as light, medium, heavy, 
fine, soft, coarse, and curly. Results showed no clear relationship 
between type of beard and respirator protection factor. The authors 
recommended that, ``* * * where acceptable protection factors can be 
demonstrated for subjects with facial hair, the no-beard rule should be 
waived.''
    OSHA does not find this study a persuasive basis for changing its 
position on facial hair. The fact that an acceptable protection factor 
can be obtained for a bearded respirator wearer in a workplace 
protection factor study does not mean that the worker can achieve the 
same protection level each time the respirator is used. First, 
protection factor studies are designed to minimize program defects and 
are often conducted under very tight supervision, which is generally 
not typical of conditions in real workplaces. Second, beards grow and 
change daily, resulting in variability of protection from one day to 
the next.
    Fergin based his conclusion that respirator performance is similar 
for

[[Page 1238]]

bearded and non-bearded workers on a statistical comparison of 
geometric means, calculated separately for each type of respirator for 
bearded and non-bearded workers. OSHA is more concerned about the wide 
range of values than the geometric mean values. The protection factors 
observed by Fergin varied greatly and ranged from 1-1041 (no beards) 
and 4-332 (beards) for a 3M-9910 respirator; 12-36 (no beards) and 7-30 
(beards) for a 3M-8706 respirator; and 5-1006 (no beards) and 42-391 
(beards) for a 3M-9906 respirator. OSHA notes that the protection 
factors of 5 and lower that Fergin achieved for both bearded and clean-
shaven workers are below the NIOSH recommended protection factors for 
disposable respirators of the types tested by Fergin (NIOSH Respirator 
Decision Logic, 1987, Ex. 9).
    There are several other weaknesses in this study that undermine its 
use as a counterweight to so much other evidence and expert opinion. 
The study did not account for particle size or the differences between 
protection factors obtained when the respirators were used in high as 
compared to low ambient concentrations. Moreover, two of the three 
respirators involved lacked adjustable face straps, which makes any 
sort of tightening impossible. Finally, the author himself cautioned 
that facial hair can significantly impair respirator seal effectiveness 
in atmospheres that are highly toxic or IDLH.
    In fact, most rulemaking participants (Exs. 3, 13, 15-50, 23-2, 23-
3, 23-5) agreed that facial hair can be a problem for respirator users, 
although they suggested different approaches to address this issue. A 
few commenters recommended that OSHA simply prohibit the use of 
respirators by bearded workers, based on the ANSI rationale that beards 
interfere with the functioning of all respirators (Exs. 54-443, 54-
408). In general, these commenters were opposed to any requirement in 
the standard that would have required employers to provide bearded 
workers with loose-fitting respirators to accommodate their beards. 
Other commenters stated that OSHA should require employers to provide 
loose-fitting respirators (e.g., supplied-air hoods, helmets, or suits) 
for use by employees with beards (Exs. 15-14, 15-31, 15-34, 15-46, 15-
47, 15-48, 15-54, 15-55, 15-79, 15-81, 54-427, 54-387, 54-363). For 
example, NIOSH recommended that, when the situation permits, employers 
should be allowed to accommodate bearded workers by providing 
respirators that will not be affected by facial hair (Ex. 54-437). 
Daniel Shipp of the Industrial Safety Equipment Association (ISEA) also 
stated that, in situations where employers do not intend to enforce 
policies against facial hair, the ISEA would recommend that employers 
provide respirators that do not rely on a tight facepiece fit (Ex. 54-
363).
    Richard Uhlar and Michael Sprinker of the International Chemical 
Workers Union (ICWU) stated that there should be some provision in the 
standard to notify employees that respirators other than tight-fitting 
respirators can be used by bearded workers (Ex. 54-427). This comment 
is in basic agreement with NIOSH's recommendation that there should be 
some provision in the standard to notify employees that other 
respirators that can be worn with beards exist (Ex. 54-437).
    In contrast, other commenters (Exs. 54-408, 54-443) recommended 
that OSHA prohibit the wearing of beards by employees who use 
respirators on the grounds that employers should not have to supply 
loose-fitting respirators because an employee is unwilling to shave off 
his beard. More specifically, George Thomas of Duquesne Light Company 
(Ex. 54-408) stated that his company does not support a requirement 
that employers should provide workers with loose-fitting respirators 
when employees have facial hair. According to Mike Rush of the 
Association of American Railroads, requiring employers to provide 
respirators other than tight-fitting air-purifying respirators would be 
cost-prohibitive, because PAPRs cost 50 times as much as half masks 
(Ex. 54-286). A. Gayle Jordan of Norfolk Southern Corporation quoted 
the cost of a PAPR as $700 (Ex. 54-267).
    This standard does not interfere directly with employer policies 
regarding facial hair. Instead, it requires employers to take the 
presence or absence of facial hair into consideration in developing 
policies for a given workplace; different policies may affect the range 
of choices available. However, OSHA notes that several respiratory 
protection alternatives, such as loose-fitting hoods or helmets, are 
available to accommodate facial hair.
    Some commenters focused on the specific language in the proposal. 
One commenter said that the term ``any hair growth'' should be 
substituted for ``facial hair'' (Ex. 54-69). Another urged OSHA to 
specify what acceptable facial hair growth was (Ex. 54-138). OSHA 
believes that the term ``facial hair'' is appropriate because the 
record shows that any facial hair, including beard stubble, can 
interfere with facepiece seal (Exs. 23-5, 54-69). By prohibiting hair 
that ``comes between the sealing surface of the facepiece and the 
face,'' as well as hair that ``interferes with valve function,'' OSHA 
believes it is being as precise as possible. OSHA believes that the 
second phrase is necessary because employees with large beards may 
shave the skin area where the facepiece of the respirator seals to the 
face but the fullness or length of the beard could still block the 
valve or cause the valve to malfunction.
    In a standard that will apply as broadly as this one will, it is 
not possible for OSHA to specify every condition under which respirator 
use may be affected by an employee's facial hair. Workplace situations 
are variable, as is hair growth. OSHA has instead written the standard 
in performance-oriented terms, stressing the importance of the face-to-
facepiece seal and conditions that might interfere with that seal. The 
thrust of the entire standard is on making sure that the fit and the 
performance of the respirator are not compromised. Employers, 
therefore, must ensure that respirators fit and perform properly.
    Paragraph (g)(1)(i)(B) prohibits an employer from allowing 
respirators with tight-fitting facepieces to be worn by employees who 
have any condition that interferes with the face-to-facepiece seal or 
valve function. Examples of these conditions include, but are not 
limited to, missing dentures, the presence of facial scars, the wearing 
of jewelry, or the use of headgear that projects under the facepiece 
seal. As with the facial hair requirements, the intent of this 
provision is to prevent an employee from wearing a respirator if there 
is any factor that could prevent an adequate facepiece-to-face seal. 
Therefore, conditions such as missing dentures or facial scars will not 
prevent an employee from using a respirator where it can be 
demonstrated that those conditions do not prevent an adequate seal.
    Paragraph (g)(1)(ii) requires employers to ensure that corrective 
glasses or goggles or other personal protective equipment is worn in a 
manner that does not interfere with the seal of the facepiece to the 
face of the user. The proposal contained a similar provision that 
addressed only eyewear. The prior standard contained a similar 
provision, but also prohibited the use of contact lenses with 
respirators. Final paragraph (g)(1)(ii) is consistent with the 1992 
ANSI standard, which allows the use of corrective lenses, spectacles, 
and face protection devices, providing that these items do not 
interfere with the seal of the respirator; ANSI also allows the use of 
contact lenses where the wearer has successfully worn such lenses 
before

[[Page 1239]]

and practices wearing them with the respirator.
    Most comments supported the proposed provision (Exs. 54-68, 54-266, 
54-286, 54-150, 54-155, 54-177, 54-189, 54-196, 54-209, 54-214, 54-219, 
54-222, 54-346, 54-402, 54-408, 54-267, 54-286, 54-361, 54-232, 54-234, 
54-244, 54-245, 54-263, 54-265). Some commenters, however, addressed 
specific pieces of corrective eyewear. For example, Barbara Price of 
the Phillips Petroleum Company recommended, based on the company's 
experience with successful quantitative fit testing of employees while 
wearing sports goggles, that prescription sports goggles be permitted 
with full facepiece respirators (Ex. 54-165). Darrell Mattheis of the 
Organization Resources Counselors (ORC) also supported the use of 
prescription sports goggles, such as the mask-adaptable goggles (MAG-1) 
by Criss Optical, with a full facepiece respirator, based on ORC 
companies' successful quantitative fit testing experience (Ex. 54-424).
    Again, the standard is written in performance terms so that any 
particular piece of equipment may be used as long as it does not 
interfere with the facepiece seal. This has consistently been OSHA's 
position under the prior standard as well. For example, in a compliance 
interpretation letter dated April 7, 1987, OSHA addressed the use of 
eyeglass inserts or spectacle kits inside full facepiece respirators. 
OSHA stated that eyeglass inserts or spectacle kits are acceptable if 
the devices: (1) Do not interfere with the facepiece seal; (2) do not 
cause any distortion of vision; and (3) do not cause any physical harm 
to the wearer during use (Ex. 64-519).
    OSHA again addressed the appropriateness of using the MAG-1 goggles 
with full facepiece respirators and SCBAs in a September 20, 1995, 
letter to the Excelsior Fire Department. By 1995, OSHA had the benefit 
of four quantitative fit testing studies of MAG-1 goggles, two funded 
by the goggle manufacturer and the other two funded by OSHA itself. The 
letter to Excelsior stated that since the MAG-1 straps project under 
the facepiece, use of the MAG-1 could in some cases violate paragraph 
(e)(5)(i) of the previous standard. The letter concluded that obtaining 
a fit with these goggles is quite complex because the respirator user 
may be able in some cases to control the factors determining whether a 
seal can be obtained. (For a full discussion, see letter, 9/20/95, Ex. 
64-520, Docket H-049a.) In a post hearing comment submitted by the 
Exxon Company, Steve Killiany commented about Criss Optical Mag 
Spectacles with thin rubber straps (Ex. 183). Mr. Killiany stated that 
the spectacles can safely be worn with full facepiece respirators as 
long as users are fit tested with the spectacles in place during fit 
tests. In its program, Exxon prohibits eyeglasses with temple pieces 
for users of full facepiece respirators. Exxon also prohibits hard 
contact lenses, but users are allowed to wear soft contact lenses.
    The NPRM contained a lengthy explanation of OSHA's proposal not to 
include a prohibition against the use of contact lenses with 
respirators in the final rule (59 FR 58921, 11/15/94). Although a few 
participants requested that OSHA retain the prohibition, or at least 
prohibit contact lenses in certain situations (Exs. 54-334, 54-387, 54-
437), most of the commenters agreed with OSHA's conclusion that contact 
lenses can be used safely with respirators (Exs. 54-68, 54-266, 54-286, 
54-150, 54-155, 54-177, 54-189, 54-196, 54-209, 54-214, 54-219, 54-222, 
54-232, 54-234, 54-244, 54-245, 54-263, 54-265, 54-346, 54-402, 54-408, 
54-267, 54-286, 54-361). For example, NIOSH specifically recommended 
that OSHA allow respirator users to wear contact lenses (Ex. 54-437). 
Larry DeCook, President of the American Optometric Association, stated 
that the Association was not aware of any reports of injury because of 
the use of contact lenses with respirators (Ex. 54-235). Similarly, a 
study by the Lawrence Livermore National Laboratory showed that far 
fewer firefighters who wore contact lenses with their SCBAs had 
problems that necessitated the removal of their facepieces than did 
firefighters wearing glasses (Ex. 38-9). Finally, OSHA's review of the 
record identified no evidence that the use of contact lenses with 
respirators increases safety hazards.
    OSHA notes that employers of employees who wear corrective eyewear 
must be sure that the respirator selected does not interfere with the 
eyewear, make it uncomfortable, or force the employee to remove the 
eyewear altogether. Employers should use the respirator selection 
process to make accommodations to ensure that their respirator-wearing 
employees can see properly when wearing these devices.
    In this final rule, OSHA has also expanded the requirements of 
paragraph (g)(1)(ii) to cover personal protective equipment other than 
goggles and glasses. Other forms of personal protective equipment are 
required by OSHA under specific circumstances (See, e.g., Subpart I--
Personal Protective Equipment, and Section 1910.133--Eye and face 
protection). Like eyewear, this equipment may interfere with the fit of 
respiratory protection equipment. The generic phrase ``other personal 
protective equipment'' applies to faceshields, protective clothing, and 
helmets, as well as to any other form of personal protective equipment 
that an employee may wear that could interfere with safe respirator 
use.
    Paragraph (g)(1)(iii) requires employers to ensure that their 
employees perform user seal checks each time they put on a tight-
fitting respirator, using the ``user seal check'' procedures in 
Appendix B-1 or equally effective procedures recommended by the 
respirator manufacturer. The proposal would also have given employers 
the option of using either the Appendix B-1 procedures or those 
recommended by the manufacturer, which is also the approach recommended 
by the ANSI standard. Although the prior standard also required a fit 
check each time the worker used a respirator, it mandated that the 
manufacturer's instructions be followed when performing the check.
    OSHA's prior respirator standard referred to respirators being 
``fit * * * checked.'' The NPRM used the phrase ``facepiece seal 
check,'' and this has been changed in the final standard to ``user seal 
check.'' The three phrases are synonymous, and all three were used 
interchangeably by rulemaking participants (e.g., Exs. 54-218, 54-219, 
who recommended that the term ``fit check'' be used to be consistent 
with the ANSI Z88.2-1992 definition). Other commenters (Exs. 54-5, 54-
408) used the term ``seal check'' or ``facepiece seal check.'' The 
final standard uses the term ``user seal check'' because OSHA believes 
that this phrase best describes the actual procedure to be performed by 
the respirator wearer. Also, commenters stated that the similarity 
between the terms ``fit check'' and ``fit test'' might lead to 
confusion, causing employers erroneously to conclude either that 
complete fit testing must be done each time an employee puts on a 
respirator or that the fit check can be substituted for a fit test.
    In general, commenters (Exs. 54-221, 54-185, 54-321, 54-427, 54-
414, 64-521) agreed with OSHA that user seal checks are necessary. 
Although these checks are not as objective a measure of facepiece 
leakage as a fit test, they do provide a quick and easy means of 
determining that a respirator is seated properly. If a user seal check 
cannot be performed on a tight-fitting respirator, the final rule 
prohibits that respirator from being used. Appendix B-1, which derives 
from the 1992 ANSI standard, contains procedures for user seal checking 
of negative pressure and

[[Page 1240]]

positive pressure devices. It states that a check is to be performed 
every time the respirator is donned or adjusted to ensure proper 
seating of the respirator to the face.
    Participants expressed diverse views on whether the negative/
positive fit check procedures in Appendix B-1 should be the exclusive 
means of compliance with this requirement or whether procedures 
recommended by respirator manufacturers should also be allowed. John 
Hale of Respirator Support Services stated that the only way to perform 
a fit check is to use the negative/positive fit check methods in 
Appendix B-1 (Ex. 54-5). George Notarianni of Logan Associates also 
recommended that reference to manufacturers' procedures for fit 
checking be deleted, because he was unaware of any effective fit check 
methods other than those described in Appendix B (Ex. 54-152). Richard 
Miller of the E.D. Bullard Company, however, stated that the manner in 
which fit checks are conducted should be left up to the manufacturer 
(Ex. 54-221).
    The positive/negative user seal checks described in Appendix B-1 
cannot be performed on all tight-fitting respirators. William Lambert 
of the Mine Safety Appliances Company (MSA) (Ex. 54-414) stated that 
respirators for which negative or positive pressure tests cannot be 
performed should not be used. He also recommended that OSHA work 
cooperatively with NIOSH to develop a testing protocol that would 
preclude approval of respirators that cannot be easily checked using a 
positive/negative fit check.
    The rulemaking record, however, contains evidence that effective 
user seal checks can be performed in several ways. OSHA reviewed a 
study by Myers (1995) in which the authors described several ANSI fit 
check methods, an AIHA/ACGIH negative/positive pressure check, and 
manufacturer-recommended check methods (See Myers et al., 
``Effectiveness of Fit Check Methods on Half Mask Respirators,'' in 
Applied Occupational Environmental Hygiene, Vol. 10(11), November 1995) 
(Ex. 64-521). In addition, the authors briefly explained that 
manufacturers of disposable, filtering facepieces recommended covering 
the mask with both hands, exhaling, and checking for air flow between 
the face and the sealing surface of the respirator. Since it was not 
the intent of the authors to evaluate different fit check methods, they 
did not present any comparison data; however, they did conclude that 
employing the manufacturer's recommended fit check procedure will help 
detect and prevent poor respirator donning practices. OSHA is also 
aware that some manufacturers make a fit check cup that can be used to 
perform a user seal check even with valveless respirators. The final 
rule thus allows for the use of the methods in Appendix B-1 as well as 
manufacturers' recommended procedures for user seal checks where these 
are equivalently effective. This means that respirator manufacturers' 
recommended procedures may be used for user seal checking if the 
employer demonstrates that the manufacturer's procedures are as 
effective as those in Appendix B-1. The intent of the ``equally 
effective'' phrase is to ensure that the procedures used have been 
demonstrated to be effective in identifying respirators that fit poorly 
when donned or adjusted. OSHA believes that the use of performance 
language will provide incentives to respirator manufacturers to develop 
new user seal check methods and to develop respirators for which user 
seal checks can be performed.
    There are also respirators for which no user seal checks can be 
conducted. A number of rulemaking participants argued that the 
inability to seal check a respirator should disqualify these 
respirators from use (See, e.g., Exs. 54-152, 54-408, 54-427, 54-321). 
For example, William Lambert of MSA (Ex. 54-414) pointed out that, 
since respirators are not put on and taken off the same way each time, 
the seal check is essential to verify that the user has correctly 
donned the respirator.
    OSHA agrees with those commenters who stated that OSHA should not 
allow the use of respirators that cannot be fit checked. Without the 
ability to perform user seal checks, employees may be overexposed to 
respiratory hazards as a result of the respirator leakage caused by 
multiple redonnings and adjustments. OSHA believes that user seal 
checks are important in assuring that respirators are functioning 
properly. If no method exists to check how well a respirator performs 
during multiple redonnings under actual workplace conditions, OSHA does 
not consider the respirator acceptable for use.
    Richard Olson of the Dow Chemical Company raised another issue 
about paragraph (g)(1)(iii). He stated that use of the word ``ensure'' 
was inappropriate in this instance, because employers cannot ``ensure'' 
that user seal checks are performed:

    This is impossible for the employer to do in all cases because 
the employer is not there. Supervision is not at the work site at 
all times, sometimes the employee is the only person in the 
facility. The employee can be trained to do this however the 
employer can not personally be there to observe and ensure every 
time the employee wears a respirator (Ex. 54-278).

    OSHA has stated consistently, in connection with the use of the 
word ``ensure'' in other standards, that it is not OSHA's intent that 
each employee be continually monitored. Further, OSHA case law has held 
that employers are required by the use of the word ``ensure'' to take 
actions that will result in appropriate employee behavior. These 
actions consist of: rules with sanctions, training employees in 
behaviors required, and exercising diligence in monitoring the safety 
behavior of their employees. The past enforcement history of the use of 
the word ``ensure'' in other OSHA standards, including the respirator 
provisions in substance specific standards, shows that employers who 
demonstrate this level of responsibility are in compliance with 
provisions that use the term ``ensure.''
Paragraph (g)(2)--Continuing Respirator Effectiveness
    Paragraph (g)(2) contains three sub-paragraphs. Paragraph (g)(2)(i) 
requires employers to be aware of conditions in work areas where 
employees are using respirators. Paragraph (g)(2)(ii) requires 
employers to ensure that their employees leave the respirator use area 
to perform any activity that involves removing or adjusting a 
respirator facepiece or if there is any indication that a respirator 
may not be fully effective. Paragraph (g)(2)(iii) requires employers to 
replace, repair, or discard respirators if there is any indication that 
they are not functioning properly.
    The prior standard did not contain any of these provisions; 
however, OSHA proposed them after including similar requirements in a 
number of OSHA substance-specific health standards. OSHA believes that 
these provisions are important because the effectiveness of even the 
best respirator program is diminished if employers do not have 
procedures in place to ensure that respirators continue to provide 
appropriate protection.
    Final paragraph (g)(2)(i), which states, ``Appropriate surveillance 
shall be maintained of work area conditions, and degree of employee 
exposure or stress,'' reiterates paragraph (b)(8) of the prior 
standard. This means that employers are required to evaluate workplace 
conditions routinely so that they can provide additional respiratory 
protection or different respiratory protection, when necessary. By 
observing respirator use under actual workplace conditions, employers 
can

[[Page 1241]]

note problems such as changes in the fit of a respirator due to 
protective equipment or conditions leading to skin irritation. The 
employer can then make adjustments to ensure that employees continue to 
receive appropriate respiratory protection.
    Paragraph (g)(2)(ii) requires employers to ensure that employees 
are allowed to leave the respirator use area in several circumstances. 
The intent of this requirement is to ensure that employees leave the 
area when necessary. The final standard stipulates that, in these 
cases, employees are to leave the ``respirator use'' area, not the work 
area or workplace. This language is intended to give employers the 
flexibility to establish safe areas in their workplaces that will 
minimize interruptions in work flow and production while ensuring that 
the area where respirators are removed is free of respiratory hazards 
or contamination.
    Paragraph (g)(2)(ii)(A) requires employers to ensure that their 
employees leave the respirator use area to wash their faces and 
respirator facepieces as necessary to prevent eye or skin irritation; 
such irritation occurs frequently with the wearing of tight-fitting 
respirators. Many of OSHA's substance specific-standards, such as the 
cadmium (29 CFR 1910.1027) and arsenic (29 CFR 1910.1018) standards, as 
well as the ANSI Z88.2-1992 standard, contain provisions allowing 
employees to leave the respirator use area to wash their faces and 
respirator facepieces to prevent the skin irritation that is often 
associated with the use of respirators. Paragraph (g)(2)(ii) is thus 
consistent with these requirements of the Agency's substance-specific 
standards, as well as with the ANSI Z88.2-1992 standard.
    A number of participants (Exs. 54-6, 36-47, 54-362) questioned the 
need for this provision, however. For example, Christopher Seniuk of 
Lovell Safety Management Company stated that allowing employees to 
leave the area to wash their faces is counterproductive because 
allowing frequent breaks increases the chance of contamination while 
putting on and removing the respirator (Ex. 54-6). Richard Boggs of ORC 
(Ex. 36-47) also recommended that this requirement be dropped, on the 
grounds that the frequency with which employees leave their work areas 
is a ``labor relations'' issue. Kevin Hayes of ABB Ceno Fuel Operations 
(Ex. 54-362) expressed a similar concern; he suggested that employees 
be allowed to leave the work area periodically, rather than on an ``as 
necessary'' basis, and asked that OSHA quantify the extent of skin 
irritation that needed to be present for employees to leave the area 
for washing and cleaning. Mr. Hayes was concerned that disgruntled 
employees could use this requirement to ``establish a revolving door 
from the work area.''
    Dr. Franklin Mirer, director of safety and health for the United 
Auto Workers, supported this provision, however; he stated that 
allowing employees to leave the area to wash would lead to fewer 
hygiene problems (Ex. 54-387). OSHA agrees with Dr. Mirer: if employees 
are allowed to wash their faces and respirators, the amount of 
contamination will be reduced, employees' hands and respirators will be 
cleaner, and employees will be donning cleaner respirators. OSHA 
believes that, to protect employee health, employees must be able to 
wash their faces and facepieces as often as necessary. The skin 
irritation caused by dirty respirators can interfere with effective 
respirator use (Ex. 64-65). Clearly, any skin irritation that causes 
the wearer to move the respirator in a way that breaks the facepiece-
to-face seal is sufficient to warrant an employee leaving the 
respirator use area to wash. Whenever eye or skin problems interfere 
with respirator performance, the wearer should be able to leave the use 
area.
    Paragraphs (g)(2)(ii)(B) and (C) require the employer to ensure 
that employees leave the respirator use area if they detect vapor or 
gas breakthrough, changes in breathing resistance, or leakage of the 
facepiece, and to replace the respirator or the filter, cartridge, or 
canister elements when these have been exhausted. These requirements 
are consistent with the NIOSH Respirator Decision Logic (Ex. 9, page 
8), which states that workers who suspect respirator failure should be 
instructed to leave the contaminated area immediately to assess and 
correct the problem. In addition, employees may need to leave the 
respirator use area to change the cartridge or canister when the end-
of-service-life indicator (ESLI) or change schedule demands a change in 
canister or cartridge. (See the Summary and Explanation for paragraphs 
(c) and (d).) The requirements in paragraph (g)(2)(ii)(B) are essential 
to ensure the continuing effectiveness of the protection provided to 
the wearer by the respirator. If, for example, the wearer can detect 
the odor or taste of a vapor or gas, the cartridge or canister is 
clearly no longer providing protection. Similarly, if a filter element 
is so loaded with particulates that it increases the work-of-breathing, 
it clearly must be changed to continue to be effective. The leakage of 
air through the facepiece also requires immediate attention, because it 
is a sign that the facepiece-to-face seal has been broken and that the 
wearer is breathing contaminated air.
    Paragraph (g)(2)(ii)(C) requires employers to ensure that 
respirator wearers leave the use area when the filter element, 
cartridge, or canister must be changed in order for it to continue to 
provide the necessary protection. In the proposal, the term ``filter 
elements'' was used instead of the more specific language ``cartridge'' 
and ``canister,'' and the proposed language generated several comments 
requesting the Agency to clarify this terminology (See, e.g., Ex. 54-
173). A representative from Monsanto Company suggested that OSHA should 
change the language from ``filter'' to ``cartridge'' or ``canister'' 
(Ex. 54-219) because filters apply only to particulates, not vapors and 
gases. Larry Zobel, Medical Director of 3M, made a similar comment (Ex. 
54-218). OSHA has amended the language in final paragraph (g)(2)(ii)(C) 
to make it more precise, and the final rule uses the terms 
``cartridge,'' ``canister,'' and ``filter'' as these specifically 
apply.
    Paragraph (g)(2)(iii) requires the employer to replace, repair, or 
discard a respirator that is not functioning properly. This requirement 
applies in addition to the provisions in paragraphs (d) and (h) of this 
section that address the routine replacement of respirators and 
respirator parts. The language of this paragraph has been changed from 
the proposal to emphasize that a malfunctioning or otherwise defective 
respirator must be replaced or repaired before the user returns to the 
work area.
    Rulemaking participants agreed that respirators should not be used 
if they are defective in any way (See, e.g., Ex. 54-362, Kevin Hayes of 
ABB Combustion Engineering Nuclear Operations). However, one commenter, 
Peter Hernandez of the American Iron and Steel Institute, objected to 
the proposal's requirement that defective respirators be repaired 
``immediately.'' Mr. Hernandez stated that it is necessary immediately 
to replace, but not immediately to repair or discard, a defective 
respirator (Ex. 54-307). OSHA agrees that employers can delay repairing 
or discarding respirators so long as the affected employees have been 
issued proper replacement respirators. This was the intent of paragraph 
(g)(8) in the NPRM, and this point has been clarified in the final 
regulation by placing the word ``replace'' first and deleting the word 
``immediately.'' The intent of final paragraph (g)(2)(iii) is to ensure 
that employees receive the necessary protection whenever they are in a 
respirator use area. This paragraph

[[Page 1242]]

means that employers must ensure that employees in the respirator use 
area are wearing respirators that are in good working order.
    The proposed rule would have required disposables to be discarded 
at the end of the task or workshift, whichever came first (See 
paragraph (g)(9) of the NPRM). A number of commenters (See, e.g., Exs. 
54-309, 54-307, 54-442) discussed the use of, and the criteria for 
discarding, disposable respirators. OSHA has deleted specific 
references to the term ``disposable'' in the final rule and has instead 
required, in paragraph (g)(2)(iii), that employers replace, repair, or 
discard respirators if employees detect vapor or gas breakthrough, a 
change in breathing resistance, or leakage of the facepiece, or 
identify any other respirator defect, before allowing the employee to 
return to the work area. This requirement thus focuses on the need for 
respirators to function properly to provide protection to employees 
rather than on a time schedule for discarding particular respirators.
    Some commenters stated that disposable respirators should be 
allowed to be used until the physical integrity of the respirator is 
compromised, which may take longer than one work shift (Exs. 54-190, 
54-193, 54-197, 54-205, 54-214, 54-222, 54-241, 54-253, 54-268, 54-271, 
54-307, 54-357, 54-171). For example, Peter Hernandez, representing the 
American Iron and Steel Institute, stated that employees may perform 20 
different tasks in a work day (Ex. 54-307). The implication of Mr. 
Hernandez' comment is that workers who perform short duration tasks 
would have been required by the proposed requirement to use many 
disposable respirators in the course of such a day, which would be 
unnecessarily expensive. Suey Howe, representing the Associated 
Builders and Contractors, recommended that employees be allowed to keep 
their disposable respirators in clean containers on days when the same 
task may be performed intermittently (Ex. 54-309). Homer Cole of 
Reynolds Metals Company stated that some workplace situations exist 
where the environment is clean enough for disposable respirators to be 
reused (Ex. 54-222). Randy Sheppard, Battalion Chief of Palm Beach 
County Fire-Rescue (Ex. 54-442), stated that disposing of HEPA 
disposable respirators after each use would be extremely costly for 
large fire departments that respond to many emergency calls. He noted 
that these respirators should be discarded, however, when they are no 
longer in their original working condition, whether this condition 
results from contamination, structural defects, or wear. In a post 
hearing comment submitted by the North American Insulation 
Manufacturers Association (NAIMA), Kenneth Mentzer, Executive Vice 
President, and others stated that OSHA should make it clear that NIOSH-
approved disposable respirators may be used when they provide adequate 
protection factors for the exposures encountered. The authors of this 
submission also stated that NIOSH-approved disposable respirators 
provide protection and have some advantages over reusable respirators 
(Ex. 176).
    Richard Niemeier of NIOSH (Ex. 54-437) recommended that dust-mist 
and dust-mist-fume disposable respirators not be reused, on the grounds 
that many of these models degrade in oil mist and humid environments. 
He also recommended that only filters approved under 42 CFR Part 84 be 
considered for use beyond one shift.
    OSHA has considered all of these comments in revising the language 
in final paragraph (g)(2)(iii) to reflect a more performance-oriented 
approach to the replacement, repair, or discarding of respirators. 
Nonetheless, employers still have the responsibility, in paragraph 
(a)(2), to ensure that respirators are suitable for each use to which 
they are put. [See also discussion in NPRM, 59 FR 58922.]
Paragraphs (g)(3) and (g)(4)--Procedures for IDLH Atmospheres and 
Interior Structural Fire Fighting
    Paragraphs (g)(3) and (g)(4) of the final rule contain requirements 
for respirator use in IDLH atmospheres. Paragraph (g)(3) addresses all 
IDLH atmospheres, and paragraph (g)(4) contains three additional 
requirements applicable only to the extra-hazardous environments 
encountered during interior structural fire fighting. These two 
paragraphs, which deal with requirements for standby personnel outside 
the IDLH atmosphere and communication between those standby personnel 
and the respirator users inside the atmosphere, are intended to ensure 
that adequate rescue capability exists in case of respirator failure or 
some other emergency inside the IDLH environment.
    Paragraphs (g)(3) (i), (ii), and (iii) require that at least one 
employee who is trained and equipped to provide effective emergency 
rescue be located outside the IDLH respirator use area, and that this 
employee maintain communication with the respirator user(s) inside the 
area. Paragraphs (g)(3) (iv) and (v) require, respectively, that the 
employer or authorized designee be notified before the standby 
personnel undertake rescue activity and that the employer or designee 
then provide appropriate assistance for the particular situation. 
Paragraph (g)(3)(vi) addresses emergency equipment needed by the 
standby personnel so that they can perform their duties effectively.
    The prior standard, Sec. 1910.134(e), did not distinguish between 
types of IDLH atmospheres. Instead, it distinguished between IDLH and 
potentially IDLH atmospheres. It stated that only one standby person 
was necessary when a respirator failure ``could'' cause its wearer to 
be overcome, but that standby ``men'' (plural) with suitable rescue 
equipment were required when employees must enter known IDLH 
atmospheres wearing SCBA. Under this provision, at least two standby 
personnel were required for known IDLH atmospheres (See, e.g., May 1, 
1995 memo from James Stanley, Deputy Assistant Secretary, to Regional 
Administrators and state-plan designees). In IDLH atmospheres where 
airline respirators are used, the prior standard required that users be 
equipped with safety harnesses and safety lines to lift or remove them 
from the hazardous atmosphere and that ``a standby man or men,'' 
equipped with suitable SCBA, be available for emergency rescue.
    The proposal would have required that, for all IDLH atmospheres, at 
least one standby person, able to provide emergency assistance, be 
located outside any IDLH atmosphere, and that this person must maintain 
communication with the employee(s) in the IDLH atmosphere.
    The need for standby personnel when workers use respirators in IDLH 
atmospheres is clear. The margin for error in IDLH atmospheres is 
slight or nonexistent because an equipment malfunction or employee 
mistake can, without warning, expose the employee to an atmosphere 
incapable of supporting human life. Such exposure may disable the 
employee from exiting the atmosphere without help and require an 
immediate rescue if the employee's life is to be saved. Accordingly, 
the standard requires that, whenever employees work in an IDLH 
atmosphere, at least one standby person must remain outside the 
atmosphere in communication with the employee(s) inside the atmosphere. 
It also requires that the standby personnel be trained and equipped to 
provide effective emergency assistance.
    A number of reports from OSHA's investigative files demonstrate the 
types of failures that can give rise to the need for immediate rescues 
of workers in

[[Page 1243]]

IDLH atmospheres. These cases illustrate that the absence of properly 
equipped standby personnel greatly increases the risk to the employees 
who enter the IDLH atmosphere. For example, a fire in a cold-rolling 
mill triggered a carbon dioxide fire extinguishing system and created 
an oxygen deficient atmosphere in the mill's basement. Two security 
guards descended a stairway into the basement to reset the system. 
Although the employees had been provided SCBAs, they left those 
respiratory devices in their vehicle and took only a single self-
rescuer with them. The workers collapsed upon reaching the bottom of 
the stairway. No standby personnel were present and, as a result, the 
workers were not discovered until 30 minutes had elapsed. Attempts to 
revive them failed. This case illustrates that the suddenness with 
which workers can be disabled in an IDLH atmosphere can prevent the 
workers from leaving the atmosphere under their own power and 
underlines the need for employers to provide standby personnel whenever 
workers enter such atmospheres. If a properly trained and equipped 
standby person had been present, that person could have notified the 
employer that help was needed when the two workers collapsed and could 
have initiated rescue efforts immediately.
    In another case, two mechanics entered a corn starch reactor to 
perform routine maintenance and repair. Employee No. 1 detected the 
odor of propylene oxide and then observed the chemical running out of 
an open vent. Employee No. 1 managed to escape, but employee No. 2 was 
overcome and died. A standby person equipped with proper rescue 
equipment would have been able to provide immediate, effective 
assistance once employee No. 2 was overcome and might have saved that 
employee's life.
    Some cases from OSHA's investigative files involve fatalities that 
occurred when standby personnel were present but were unable to prevent 
the fatalities from occurring. These cases illustrate both the types of 
failures that can give rise to the need for immediate rescue efforts in 
IDLH atmospheres and the importance of standby personnel being trained 
and equipped to provide effective rescue capability.
    In one case, an employee (No. 1) was working in a confined space 
while wearing an SCBA. A standby person (No. 2) advised employee No. 1 
that the respirator's air supply was low and that he should leave the 
confined space. However, employee No. 1 collapsed and died before he 
could exit. Employee No. 2 had no equipment with which to extricate 
employee No. 1 from the confined space. This example illustrates, 
first, that even an employee who is properly equipped when entering an 
IDLH atmosphere may need to be rescued as a result of human error and/
or equipment failure. It also illustrates the need for the standby 
person to be equipped to be able to provide effective emergency rescue.
    In yet another case, an employee (No. 1) was sandblasting inside a 
rail car wearing an airline respirator with an abrasive blasting hood. 
A standby person (No. 2) was stationed outside the car. During the 
operation, employee No. 1 swallowed a dental appliance and lost 
consciousness. Employee No. 2 had not maintained constant communication 
with employee No. 1 and only discovered that employee No. 1 had been 
overcome too late to save his life. This case shows that the demanding 
work often required by a worker constrained by respiratory equipment in 
an IDLH atmosphere may lead to accidents that can disable the worker 
and require immediate rescue efforts. It also illustrates that the need 
for emergency assistance can arise at any time and without warning, and 
that standby personnel must therefore maintain constant communication 
with the worker(s) inside the IDLH atmosphere.
    Standby personnel must also be adequately trained and equipped to 
protect themselves against the IDLH atmosphere if an emergency arises. 
In a recent case, two employees (Nos. 1 and 2) were installing a blind 
flange in a pipeline used to transfer hydrogen sulfide. As the flange 
was opened, the hydrogen sulfide alarm sounded. Employee No. 1 tried to 
remove his full-facepiece respirator, was overcome, and died. Employee 
No. 2 had previously loosened the straps on his respirator to test for 
the smell of hydrogen sulfide and was also overcome. A standby person 
(No. 3) equipped with an SCBA was on the ground outside the area and 
attempted an immediate rescue. Unfortunately, his respirator caught on 
an obstruction and tore as he attempted to enter the atmosphere and he, 
along with employee No. 2, was overcome and required hospitalization. 
The case is another example of the type of human and equipment failures 
that can endanger employees who must work in IDLH atmospheres. Although 
the rescue effort in this case faltered, the presence of a standby 
person equipped with an SCBA increased the chance that the employees in 
the IDLH atmosphere could have been rescued before they were killed or 
seriously injured, and the availability of appropriate respiratory 
equipment reduced the risk to the standby person who attempted the 
rescue. It illustrates the benefit of having standby personnel who can 
undertake immediate rescue efforts and the need for such personnel to 
be trained and equipped properly for their own protection as well as 
the protection of the workers in the IDLH atmosphere.
    The proposed provision would have required only a single standby 
person in most IDLH situations. However, firefighter representatives 
urged OSHA (Ex. 75, Tr. 468-469) to retain the prior standard's 
requirement for two standby personnel and to expand the provision to 
cover all IDLH atmospheres. OSHA has determined, however, that outside 
of the fire fighting and emergency response situations, which are 
discussed in connection with paragraph (g)(4), environments containing 
IDLH atmospheres are frequently well-enough characterized and 
controlled that a single standby person is adequate. In most fixed 
workplaces, the atmosphere is known, i.e., has been well characterized 
either through analysis of monitoring results or through a process 
hazard analysis. For example, employers in chemical plants have 
conducted comprehensive process hazard analyses as required by OSHA's 
Process Safety Management standard, 29 CFR 1910.119, to determine which 
of their process units pose potential IDLH hazards. In such situations, 
effective communication systems and rescue capabilities have been 
established. In addition, in many industrial IDLH situations, only one 
respirator user is exposed to the IDLH atmosphere at a time, which 
means that a single standby person can easily monitor that employee's 
status. Even in situations where more than one respirator user is 
inside an IDLH atmosphere, a single standby person can often provide 
adequate communication and support. For example, in a small pump room 
or shed, even though two or three employees may be inside an IDLH 
atmosphere performing routine maintenance activities such as changing 
pump seals, one standby person can observe and communicate with all of 
them. In this type of situation, one standby person is adequate and 
appropriate.
    In other cases, however, more than one standby person may be 
needed; paragraph (g)(3)(i) of the final standard therefore states the 
requirement for standby personnel in performance language: ``one 
employee or, when needed, more than one employee * * * [shall be] 
located outside the IDLH atmosphere.'' For example, to clean and paint 
the inside of a multi-level, multi-

[[Page 1244]]

 portal water tower, a process that often generates a deadly atmosphere 
as a result of cleaning solution and paint solvent vapors, employees 
often enter the tower through different portals to work on different 
levels. In such a situation, there will be a need for good 
communications at each entry portal, and more than one standby person 
would be needed to maintain adequate communication and accessibility.
    Several commenters (Exs. 54-6, 54-38, and 54-266) requested 
clarification of the proposed requirements that employers ensure that 
communication is maintained between the employee(s) in the IDLH 
atmosphere and the standby personnel located outside the IDLH 
environment. For example, Exxon (Ex. 54-266) requested that OSHA make 
clear that, in addition to voice communication, visual contact and hand 
signals may be used. In response, paragraph (g)(3)(ii) of the final 
rule clarifies that visual, voice, or signal line communication must be 
maintained between the employee(s) in the IDLH atmosphere and the 
employee(s) located outside the IDLH atmosphere.
    Under final paragraph (g)(3)(iv), employers must ensure that before 
entering an IDLH environment to provide emergency rescue, standby 
personnel notify the employer, or a designee authorized by the employer 
to provide necessary assistance, that they are about to enter the IDLH 
area. The employer will have determined, in advance, as part of the 
written respirator program's worksite-specific procedures, the 
procedures standby personnel will follow and whom they must notify in 
rescue situations. The employer's emergency response team may provide 
the necessary support, or other arrangements may have been made with 
local firefighting and emergency rescue personnel. The language used 
requires that the employer be notified, which provides the employer 
great flexibility in determining who will respond to such emergency 
rescue situations.
    Paragraph (g)(3)(iv) responds to concerns expressed by several 
participants (Exs. 54-6, 54-266, 54-307, 54-330) about the obligation 
of standby personnel to provide effective emergency rescue. A number of 
comments emphasized that standby personnel should not attempt any 
rescue activities without making sure that their own whereabouts are 
known and monitored. According to Exxon (Ex. 54 266), ``the ``stand-
by'' person should be able to summon effective emergency assistance and 
only then provide the assistance.'' Christopher Seniuk of Lovell Safety 
Management Company also stated that a standby employee should have a 
telephone or radio to summon help and should not be expected to enter 
an IDLH environment for rescue until additional help arrives (Ex. 54-
6). The American Iron and Steel Institute (Ex. 54-307) agreed, stating 
that the standby person should be in communication with the employee(s) 
in the IDLH atmosphere and be ``able to assist in providing or 
obtaining effective emergency assistance.'' The American Petroleum 
Institute (Ex. 54-330) also stated that when the employee wears a 
respirator in an IDLH atmosphere, the employer must ensure that 
adequate provisions have been made for rescue.
    OSHA agrees that standby personnel should contact the employer or 
employer's designee before undertaking any rescue activities in an IDLH 
atmosphere. Accordingly, final paragraph (g)(3)(iv) includes an 
employer or designee notification requirement. Although this 
requirement was not contained in the NPRM, a similar requirement has 
been included in other OSHA standards, e.g., the Permit Required 
Confined Spaces standard, 29 CFR 1910.146, and the Hazardous Waste 
Operations and Emergency Response standard, 29 CFR 1910.120. By 
including this requirement, OSHA is pointing to the need for the 
employer or authorized designee to take responsibility for ensuring 
that rescue operations are carried out appropriately, that rescuers are 
provided with proper respiratory equipment, and that employees are 
adequately prepared to facilitate rescue attempts.
    On the other hand, the notification provision is not intended to 
suggest that standby employees should wait indefinitely for their 
employer or designee to respond to notification before entering the 
IDLH atmosphere when employees inside are in danger of succumbing and 
standby personnel are appropriately trained and equipped to provide 
assistance. OSHA is aware that this practice is followed in fire 
fighting situations (See paragraph 6-4.4, NFPA 1500 standard, 1997.) In 
the majority of cases, however, rescuers should not enter the IDLH 
environment until receiving some response to the notification that 
rescue is necessary, i.e., the employer or designee should know that 
the rescuers are entering, and emergency response units should be on 
their way to the incident. OSHA believes that these requirements are 
consistent with current industry practice (Exs. 54-266, 54-307, 54-6) 
and with other OSHA standards (e.g., the permit-required confined 
spaces standard).
    This practice is consistent with OSHA's interpretations of other 
standards. (See letter of interpretation of the Hazardous Waste and 
Emergency Response Standard 29 CFR 1910.120 regarding the number of 
standby personnel present when there is a potential emergency); ``* * * 
process operators who have (1) informed the incident command * * * of 
the emergency * * * (2) [have] adequate PPE (3) [have] adequate 
training * * * and (4) employed the buddy system, may take limited 
action * * * once the emergency response team arrives, these employees 
would be restricted to the action that their training level allows * * 
* this has been OSHA's long standing policy for operators responding to 
emergencies * * *'' McCully to Olson; July 11, 1996.
    Failure to follow such practices can result in employee death. For 
example, recently, one employee (No. 1) was working inside a reactor 
vessel, attempting to obtain a sample of catalyst. He was wearing a 
supplied air respirator with an escape bottle. The standby 
``attendant'' informed the employee inside that it was time to exit to 
change the air supply cylinder; witnesses said the inside employee (No. 
1) did not appear to hear this instruction. When the air supply became 
critical, other workers outside ``yelled'' to the inside employee to 
hurry outside; by then, the inside employee was moving slowly and then 
fell. The attendant tried to check the air pressure while another 
employee, a bystander welder (No. 2), entered the vessel without a 
breathing apparatus and tried to help the inside employee (No. 1). The 
welder also fell down. Other bystanders were partially overcome by the 
nitrogen coming out of the vessel. The air hose on the respirator on 
the inside employee (No. 1) was disconnected. Neither the first 
employee inside (No. 1) nor the welder (No. 2) was wearing a harness or 
lifeline. The inside employee later died. [OSHA citation text abstracts 
for unscheduled investigations of accidents involving fatalities (one 
or more) and catastrophic injuries during calendar years 1994 and 
1995].
    Once the employer or designee has been notified, paragraph 
(g)(3)(v) requires the employer or designee to provide the necessary 
assistance appropriate to the situation. Such assistance does not 
always require that additional standby personnel enter the hazardous 
atmosphere; in some cases, the appropriate assistance could be, for 
example, the provision of emergency medical treatment. If standby 
employees do need to enter the hazardous environment to perform rescue

[[Page 1245]]

operations, however, the employer must ensure that those rescuers are 
fully protected.
    Final paragraphs (g)(3)(vi) (A), (B), and (C) require that standby 
personnel have appropriate equipment to minimize the danger to these 
personnel during rescue efforts. They stipulate that standby employees 
be equipped with pressure demand or other positive pressure SCBA, or a 
pressure demand or other positive pressure supplied-air respirator with 
auxiliary SCBA, according to final paragraph (g)(3)(vi)(A). This 
requirement was contained in paragraph (g)(2)(i) of the proposal, and 
was not objected to by any participants. It is also consistent with 
requirements in clause 7.3.2 of ANSI Z88.2--1992.
    The requirements that address appropriate retrieval equipment and 
means of rescue in paragraphs (g)(3)(vi)(B)-(C) are written in 
performance-based language. Established rescue procedures are well 
known, and retrieval equipment is readily available. OSHA therefore 
believes that it is necessary merely to state that this equipment must 
be used unless its use would increase the overall risk associated with 
entry into or rescue from the IDLH environment. OSHA acknowledged in 
the Permit-Required Confined Space standard, 58 FR 4530, that 
situations exist in which retrieval lines (harnesses, wristlets, 
anklets) may pose an entanglement problem, especially in areas in which 
air lines or electrical cords are present in the work areas in which 
the IDLH atmosphere occurs. Most of the time, however, rescue with 
retrieval equipment is effective, and much safer for the rescuers (Ex. 
54-428).
    Paragraph (g)(4) applies only to respirator use in the ultra-
hazardous context of interior structural fire fighting; the 
requirements in this paragraph apply in addition to those in paragraph 
(g)(3). OSHA has included this provision in its standard in response to 
the record evidence about the extreme hazards of this activity. 
Paragraph (g)(4)(i) requires that workers engaged in interior 
structural fire fighting work in a buddy system: at least two workers 
must enter the building together, so that they can monitor each other's 
whereabouts as well as the work environment. In addition, for interior 
structural firefighting, paragraph (g)(4)(ii) retains the requirement 
that there be at least two standby personnel outside the IDLH 
respirator use area, i.e., outside the fire area. Paragraph (g)(4)(iii) 
requires that all personnel engaged in interior structural fire 
fighting use SCBA respirators. Finally, the notes to paragraph (g)(4) 
clarify that these requirements are not intended to interfere with 
necessary rescue operations, and the extent to which the standby 
personnel can perform other functions.
    Paragraph (g)(4) of this Federal standard applies to private sector 
workers engaged in firefighting through industrial fire brigades, 
private incorporated fire companies, Federal employees through Section 
19 of the OSH Act, and other firefighters. It should be noted that 
Federal OSHA's jurisdiction does not extend to employees of state and 
local governments; therefore, public sector firefighters are covered 
only in the 25 states which operate their own OSHA-approved 
occupational safety and health state programs and are required to 
extend the provisions of their state standards to these workers. These 
states and territories are: Alaska, Arizona, California, Connecticut, 
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, 
New Mexico, New York, North Carolina, Oregon, Puerto Rico, South 
Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, 
Washington, and Wyoming . Eighteen (18) of these states under certain 
circumstances also consider ``volunteers'' to be employees and thus may 
provide protection to private or public sector volunteer firefighters, 
subject to specific interpretation of state law. State and local 
government employees, including firefighters, in States which do not 
operate OSHA-approved state plans, are not covered by these 
requirements, unless voluntarily adopted for local applicability.
    Although the proposed rule did not distinguish between interior 
structural fire fighting and other IDLH situations, OSHA decided to 
include separate requirements for the former activity in the final 
standard in response to evidence in the record that safeguards that may 
be adequate for well-controlled and well-characterized IDLH situations 
are not adequate in the uncontrolled and unpredictable situation 
presented by a burning building. The firefighting community already 
recognizes that one person alone cannot be sent safely into a structure 
to fight a fire that is beyond the incipient stage. The final rule's 
staffing requirements for fire fighting are consistent with OSHA's 
current enforcement practice for employers subject to federal OSHA 
enforcement, and assure that firefighters will not be subject to any 
diminution in protection as a result of the more flexible requirements 
for IDLH respirator use included in other paragraphs of the final rule.
    OSHA has previously recognized that emergency situations analogous 
to interior structural fire fighting require additional safeguards for 
employees involved in emergency response activities. For example, the 
Hazardous Waste Operations and Emergency Response (HAZWOPER) standard, 
at 29 CFR 1910.120(q), requires the use of a ``buddy system'' in 
responding to IDLH atmospheres. This means that employees involved in 
such operations are to be organized into workgroups in such a manner 
that each employee of the work group is designated to be observed 
continuously by at least one other employee in the work group. 
Paragraph (q)(3)(v) of Sec. 1910.120 requires operations in hazardous 
areas to be performed using the buddy system in groups of two or more; 
paragraph (q)(3)(vi) of that standard specifies that back-up personnel 
shall stand by with equipment ready to provide assistance or rescue. 
OSHA has made clear that these provisions require more than one standby 
person to be present.
    The final standard is also consistent with relevant National Fire 
Protection Association (NFPA) standards. The NFPA is recognized 
internationally as a clearinghouse for information on fire prevention, 
fire fighting procedures, and fire protection. A number of NFPA 
standards require firefighters using SCBA to operate in a buddy system. 
NFPA 1404, ``Fire Department Self-Contained Breathing Apparatus 
Program,'' states, in paragraph 3-1.6, that members using SCBA are to 
operate in teams of two or more, must be able to communicate with each 
other through visual, audible, physical, safety guide rope, electronic, 
or other means to coordinate their activities, and are to remain in 
close proximity to each other to provide emergency assistance.
    The NFPA 600 standard addressing industrial fire brigades requires 
in paragraph 5.3.5 that firefighters using SCBA ``operate in teams of 
two or more who are in communication with each other * * * and are in 
close proximity to each other to provide assistance in case of an 
emergency.'' Although this standard, which applies only to industrial 
fire brigades where firefighters are working in fixed locations that 
are well characterized and have established communications and rescue 
systems, requires only one standby person outside the fire area, 
another standard, NFPA 1500, ``Standard on Fire Department Occupational 
Safety and Health Programs,'' which addresses fire department safety 
and health programs

[[Page 1246]]

in the general sense, requires at least two standby personnel. This 
provision first appeared in 1992, as a Tentative Interim Amendment to 
NFPA 1500 requiring, in paragraph 6-4.1.1, that ``[a]t least four 
members shall be assembled before initiating interior fire fighting 
operations at a working structural fire.'' In 1997, NFPA finalized the 
Amendment. Paragraph 6-4 of the current NFPA 1500 standard, ``Members 
Operating at Emergency Incidents,'' addresses the number of persons 
required to be present, and requires at least four individuals, 
consisting of two persons in the hazard area and two individuals 
outside the hazard area, for assistance or rescue (paragraph 6-4.4). 
One standby member is permitted to perform other duties, but those 
other duties are not allowed to interfere with the member's ability to 
provide assistance or rescue to the firefighters working at the 
incident (paragraph 6-4.2).
    In addition, a 1994 CDC/NIOSH Alert, titled ``Request for 
Assistance in Preventing Injuries and Death of Firefighters,'' also 
recommends the use of a buddy system whenever firefighters wear SCBAs. 
The recommendation states:

    Two firefighters should work together and remain in contact with 
each other at all times. Two additional firefighters should form a 
rescue team that is stationed outside the hazardous area. The rescue 
team should be trained and equipped to begin a rescue immediately if 
any of the firefighters in the hazardous area require assistance.

Similarly, in testimony on H.R. 1783 before the Subcommittee on 
Economic and Educational Opportunities, House of Representatives, 104th 
Congress (July 11, 1995, Chairman: Cass Ballenger), Harold A. 
Schaitberger, Executive Assistant to the General President of the 
International Association of Fire Fighters (IAFF), stated that ``* * * 
our organization understood from the outset that the regulation [29 CFR 
1910.134(e)] required firefighters wearing self-contained breathing 
apparatus and involved in interior structural fire operations to 
operate in a `buddy system,' with two firefighters entering a burning 
building and two firefighters stationed outside the endangered area for 
assistance or rescue, and for accountability purposes * * * The two-in/
two-out rule has been the industry standard in the fire service for 
over 25 years.''
    The record in this rulemaking provides strong support for including 
this requirement in the final standard. Richard Duffy, Director of 
Occupational Health and Safety for the International Association of 
Fire Fighters (IAFF), argued strongly for provisions similar to those 
in the HAZWOPER standard for SCBA users working in IDLH situations. In 
his written testimony (Ex. 75), Mr. Duffy stated that the proposed 
requirements in paragraph (g)(2)(ii), which would not have required the 
buddy system or that two standby personnel be available outside the 
IDLH atmosphere, would place workers using respiratory protection in 
IDLH situations at considerable risk.
    The IAFF recommended that a minimum of 4 individuals be present any 
time employees are using SCBA in an IDLH atmosphere: two individuals to 
work as a team inside the IDLH atmosphere and two identically trained 
and equipped employees to remain outside to account for, and be 
available to assist or rescue, the team members working inside the IDLH 
atmosphere (Tr. 468-469). The inside employees would use a buddy system 
and maintain direct voice or visual contact or be tethered with a 
signal line (Tr. 468-469).
    According to Mr. Duffy, these changes were necessary:

to save workers'--specifically firefighters'--lives. Since 1970 * * 
* 1,416 members of [IAFF] have died in the line of duty. Prohibiting 
employers from allowing employees to work alone while working in 
IDLH, potentially IDLH or unknown atmospheres * * * would have saved 
many of these firefighters' lives * * * [I]f there was a team in 
place that accounted for employees while they were working in IDLH * 
* * many more firefighters would have been saved and [be] alive 
today (Ex. 75).

Mr. Duffy described several incidents in which firefighters had been 
injured or killed because of inadequate safety practices, and 
particularly the failure to have specific individuals assigned to keep 
track of employees in IDLH atmospheres. For example, he referred to a 
recent occurrence (Tr. 470) in which three firefighters died inside an 
IDLH atmosphere. In this incident, although many firefighters were on 
the scene, no one could account for the three firefighters who had been 
overcome by the IDLH atmosphere. Their bodies were later discovered 
inside the burned building. It appears that more stringent precautions, 
such as a buddy system and standby personnel specifically assigned to 
keep track of the firefighters' condition, could have prevented these 
deaths.
    In addition, the Oklahoma Department of Labor submitted comments 
stating that it supports a two-in/two-out rule, especially for 
firefighters. Specifically, it stated that ``Although we are not a 
state plan state, we operate a fully functional OSHA safety and health 
program in the public sector * * * it would be unfortunate if the new 
respiratory protection standard's interpretation of the `buddy system' 
* * * confused this issue (two-out for firefighters) [Ex. 187].'' 
However, some firefighter services and organizations urged OSHA to 
abandon its existing requirement for at least two standby personnel. 
For example, Truckee Meadows Fire Protection District in Nevada (Ex. 
384) stated that:

there are circumstances where a three person * * * company can 
safely and efficiently respond and aggressively attack a fire. 
Similarly, there are occasions where additional personnel and 
resources may be required before initiating an attack * * * the 
emphasis must be practically placed upon assessment of the risk at 
the time of arrival and throughout the incident to determine the 
resources and precautions needed. The overriding concern should be * 
* * safe egress or recovery of personnel should conditions change, 
regardless of the standby crew assembled.

A similar opinion was expressed by the fire chief of Sparks, Nevada 
(Ex. 54-129).
    Even a comment from the County of Rockland Fire Training Center, 
Pomona, New York (Ex. 54-155) recommending removing the requirement for 
standby personnel from the final rule, noted that ``in operations 
during a fire or emergency, it is a standard practice to utilize the 
team approach.'' The comment went on to state, however, that ``removing 
the restriction of having persons outside the IDLH * * * and allowing 
the incident commander the flexibility of moving personnel around as he 
or she sees fit at any given situation * * * would actually enhance the 
safety of our forces operating at the scene of a fire or emergency.'' 
As discussed below, OSHA believes that the requirements in the final 
standard allow enough flexibility to maximize safety.
    OSHA concludes that, for interior structural fire fighting, a buddy 
system for workers inside the IDLH atmosphere and at least two standby 
personnel outside that atmosphere are necessary. In fact, as noted 
above, OSHA has previously explained that under the prior standard and 
the OSH Act's general duty clause, there must be more than one person 
present outside and at least two firefighters inside when conducting an 
interior attack on an interior structural fire. Accordingly, special 
provisions have been included in this revised respiratory protection 
standard to clarify that firefighters may not enter an IDLH atmosphere 
alone during interior structural firefighting, and that two standby 
personnel are

[[Page 1247]]

required for all interior structural fire fighting.
    As discussed above, however, OSHA does not believe that similar 
practices are necessary in better controlled and characterized IDLH 
situations, such as those potentially arising in industrial 
environments. In those cases, where standby personnel can more easily 
track the precise movements of the respirator users and communication 
mechanisms are in place, OSHA believes that one standby person will 
often be sufficient, although paragraph (g)(3)(i) clearly recognizes 
that some nonfirefighting IDLH situations will require multiple standby 
personnel.
    These additional requirements are necessary because fire fighting 
ranks among the most hazardous of all occupations, and interior 
structural fire fighting is one of the most dangerous fire fighting 
jobs (See, e.g., Jankovic et al. 1991). As the International 
Association of Fire Chiefs (Ex. 54-328) pointed out, ``[t]he fire 
fighter is usually operating in a hostile environment where normal 
systems, facilities, processes and equipment to ensure safety have 
already failed.'' A very basic difference between firefighters--
particularly those involved in fighting interior structural fires--and 
employees in other occupations is that the work site is always new and 
unknown. Firefighters do not report to a fixed location or work in a 
familiar environment. Heat stress also affects firefighters differently 
than other workers. Petrochemical workers and those in other high heat-
stress occupations, such as highway workers, can deal with issues such 
as heat stress through other options, including acclimatization periods 
for new employees, scheduling high exertion work at night, and allowing 
frequent breaks (Smith 1996). Firefighters do not have these options.
    Fire fighting is also extremely stressful mentally because of the 
sense of personal danger and urgency inherent in search and rescue 
operations. A firefighter regularly steps into situations that others 
are fleeing, accepting a level of personal risk that would be 
unacceptable to workers in most other occupations. Psychological stress 
is caused by the firefighter's need to focus on the protection of lives 
and property, as well as the need to maximize his or her own personal 
safety and that of his/her coworkers. Tenants and others in the process 
of being rescued have also been known to panic and attack firefighters 
to obtain air from the firefighter's respirator in an attempt to save 
their own lives (1994 NIOSH Alert).
    Fire fighting is a high-risk occupation with a very narrow window 
of survivability for those who lose their orientation or become 
disabled on the job. The terrible toll among firefighters is recorded 
in many different national data bases. For example, for the period 
1980-1989, the NIOSH National Traumatic Occupational Fatalities (NTOF) 
Surveillance System reported 278 deaths among firefighters caused just 
by work-related traumatic injuries; NIOSH recognizes that this number 
is an underestimate because of the collection and reporting methods 
used by NTOF, which limit the kinds of events recorded. Data collected 
by the IAFF for the period 1970-1994 report 1,369 firefighter deaths, 
and data collected by the NFPA for the period 1990-1992 indicate that 
280 firefighters died in this 2-year period alone (1994 NIOSH Alert). 
OSHA believes that the requirements of this respirator standard may 
prevent a significant number of these deaths and injuries. For example, 
in a recent incident, a team of two firefighters was operating inside a 
structural fire. Rapidly deteriorating conditions occurred in which 
there was dense smoke. Confusion ensued and the team lost contact, 
resulting in one firefighter death. (Incident number 2; OSHA 
Investigations of Firefighter Fatalities; 10/1/91-3/17/97; IMIS) In 
this situation, the need for additional accountability and monitoring 
of firefighters during interior structural fire fighting is clear. 
Multiple standby personnel and two-person teams inside an IDLH 
atmosphere are therefore necessary to check for signs of heat stress, 
other illnesses, disorientation, malfunctioning of respiratory and 
other protective equipment, and to assist in exit or rescue when needed 
(Smith, 1996).
    OSHA emphasizes that the requirement for standby personnel does not 
preclude the incident commander from relying on his/her professional 
judgment to make assignments during a fire emergency. Although the 
standard requires at least two standby persons during the attack on an 
interior fire, there are obviously situations where more than two 
persons will be required both inside and outside the interior 
structure, a decision ultimately to be made by the incident commander. 
In addition, as is the case under the previous respiratory protection 
standard, one of the standby personnel may have other duties and may 
even serve as the incident commander. According to OSHA's letter to 
Chief Ewell, IFC, Oakland, CA, (J. Dear; 2/27/96), ``* * * one of the 
two individuals outside the hazard area may be assigned more than one 
role, such as incident commander in charge of the emergency or the 
safety officer. However, the assignment of standby personnel of other 
roles such as the incident commander, safety officer, or operator of 
fire apparatus will not be permitted if by abandoning their critical 
task(s) to assist in, or if necessary, perform a rescue clearly 
jeopardizes the safety and health of any firefighter working at the 
incident.'' OSHA has included specific guidance regarding other duties 
of standby personnel under paragraph (g)(4). These duties are 
consistent with OSHA's past enforcement policy and NFPA recommendations 
(NFPA 1500, 1977 Edition; Section 6-4.4.2).
    It is important to have at least two standby people available so 
that in the event of an emergency in which both members of the interior 
team need rescue or other assistance, adequate personnel are available 
for rescue. As Harold A. Schaitberger testified, ``* * * The two-in/
two-out rule has been the industry standard in the fire service for 
over 25 years. It is also based on common sense. If there are two 
firefighters inside a burning building when a roof caves in, at least 
two firefighters are required to assist and/or rescue them (Testimony 
on H.R. 1783 before the Subcommittee on Economic and Educational 
Opportunities, House of Representatives, 104th Congress (July 11, 1995, 
Chairman: Cass Ballenger).'' Whenever possible, the use of the buddy 
system should also be maintained during rescue operations.
    Moreover, the ``two-in/two-out'' requirement does not take effect 
until firefighters begin to perform interior structural fire fighting. 
While the fire is in the incipient stage, the incident commander or 
other person in charge may conduct an investigation or ``size up'' the 
situation to determine whether the fire has progressed beyond the 
incipient stage. During this investigative phase, the standard does not 
require two-member teams inside and outside the structure. Similarly, 
nothing in this rule is meant to preclude firefighters from performing 
rescue activities before an entire team has assembled. If there are 
fewer than four team members available, and an individual inside the 
burning structure must be rescued immediately, this rule does not 
prevent the rescue from occurring, as the Note to the regulatory text 
makes clear. However, once firefighters begin the interior attack on an 
interior structural fire, the atmosphere is assumed to be IDLH and 
paragraph (g)(4) applies.
    OSHA's requirement in no way is intended to establish staffing

[[Page 1248]]

requirements with regard to, for example, the number of persons on a 
fire truck or the size of a fire company. Rather, the 2 in / 2 out 
provision specifies only the number of firefighters who must be present 
before the interior attack on an interior structural fire is initiated. 
Firefighters may be assembled from multiple companies, or arrive at the 
scene at various times. All that is intended is that an interior attack 
should not be undertaken until sufficient staff are assembled to allow 
for both buddy and standby teams.
    These requirements are consistent with OSHA's past enforcement 
policy. OSHA has relied on the NFPA recommendations as a basis for 
determining an appropriate standard of care in fire fighting situations 
under the General Duty Clause of the OSH Act, 29 U.S.C. 654(a)(1). In 
its interpretative memoranda addressing requirements that are 
applicable to firefighters, OSHA noted that occupational exposure to 
fire is a well-recognized hazard, and that firefighters using SCBA in 
hazardous atmospheres should be operating in a buddy system of two or 
more personnel. The Agency explained that even under OSHA's previous 
respiratory protection standard, a minimum of four personnel should be 
used, with two members inside the hazardous area and two members 
outside the hazardous area who are available to enter the area to 
provide emergency assistance or rescue if needed. One memorandum also 
pointed out that there was no prohibition against the outside standby 
personnel having other duties, such as functioning as incident 
commander or safety officer, as long as it would not jeopardize the 
safety and health of any firefighter working at the incident if the 
standby personnel left those duties to perform emergency assistance and 
rescue operations.
    OSHA notes that the requirements of paragraph (g)(4) apply in 
addition to the requirements of OSHA's specific fire protection 
standards, subpart L of 29 CFR 1910. OSHA intends to begin negotiated 
rulemaking on those fire protection standards in the near future.
Paragraph (h)--Maintenance and Care of Respirators
    This final standard for respiratory protection, in paragraph (h), 
addresses the elements of respirator maintenance and care that OSHA 
believes are essential to the proper functioning of respirators for the 
continuing protection of employees. As OSHA stated in the preamble to 
the NPRM (59 FR 58923), ``a lax attitude toward this part of the 
respiratory protection program will negate successful selection and fit 
because the devices will not deliver the assumed protection unless they 
are kept in good working order.'' The maintenance and care provisions, 
which are divided into cleaning and disinfecting, storage, inspection, 
and repair, are essentially unchanged (with the exception of the 
cleaning and disinfecting provisions) from paragraph (f) of OSHA's 
prior respiratory protection standard. Some rearrangement and 
consolidation of the regulatory text and minor language changes have 
been made to this paragraph to simplify and clarify the requirements as 
a result of comments and concerns that were raised in response to the 
proposed rule.
    Paragraph (h)(1) of the final standard requires that employers 
provide each respirator wearer with a respirator that is clean, 
sanitary, and in good working order. It further requires that employers 
use the procedures for cleaning and disinfecting respirators described 
in mandatory Appendix B-2 or, alternatively, procedures recommended by 
the respirator manufacturer, provided such procedures are as effective 
as those in Appendix B-2. The prior respiratory protection standard 
required that employers clean and disinfect respirators in accordance 
with the maintenance and care provision of paragraph (f), but offered 
no specific guidance on how to perform these procedures. Mandatory 
Appendix B-2 presents a method employers may use to comply with the 
cleaning and disinfecting requirements of final paragraph (h)(1). The 
procedures listed in Appendix B-2 were compiled from several sources, 
including publications of the American Industrial Hygiene Association, 
ANSI Z88.2-1992 (clause A.4, Annex A), and NIOSH. Other methods may be 
used, including those recommended by the respirator manufacturer, as 
long as they are equivalent in effectiveness to the method in Appendix 
B-2. Equivalent effectiveness simply means that the procedures used 
must accomplish the objectives set forth in Appendix B-2, i.e., must 
ensure that the respirator is properly cleaned and disinfected in a 
manner that prevents damage to the respirator and does not cause harm 
to the user.
    Several commenters (Exs. 54-267, 54-300, 54-307) supported the 
cleaning and disinfecting provisions in general and the inclusion of 
manufacturers' instructions in particular. The American Iron and Steel 
Institute (AISI), for example, suggested the following language: 
``Respirators must be cleaned and maintained in a sanitary condition. 
The cleaning procedures recommended by the respirator manufacturer or 
in Appendix B, or a recognized standard-setting organization should be 
followed'' (Ex. 54-307).
    The need for appropriate cleaning and disinfecting procedures was 
also supported during the hearings. For example, James Johnson of 
Lawrence Livermore National Laboratories testified:

    [P]rocedures and schedules for cleaning, disinfecting, storing, 
inspecting, repairing, or otherwise maintaining respirators * * * 
are elements of the respiratory protection program which are 
important and are addressed in the rule * * *. I did some personal 
evaluation on the disinfecting procedures recommended by several 
U.S. respirator manufacturers. I found that they vary significantly. 
If you look in Appendix B of the proposed rule, the hypochlorite or 
bleach recommendation and the other disinfectants outlined there are 
certainly what is typically recommended and used (Tr. 184).

    The Appendix B-2 procedures can be used both with manual and semi-
automated cleaning methods, such as those using specially adapted 
domestic dishwashers and washing machines. As with most effective 
cleaning procedures, Appendix B-2 divides the cleaning process into 
disassembly of components, cleaning and disinfecting, rinsing, drying, 
reassembly and testing. Recommended temperatures for washing and 
rinsing are given in Appendix B-2, as are instructions for preparing 
effective disinfectants.
    OSHA has made minor changes to the contents of Appendix B-2 in the 
final standard. For example, the cleaning procedures listed in the 
final rule are more consistent with the procedures suggested in Clause 
A.4, Annex A of the ANSI Z88.2-1992 standard than those proposed, 
particularly with regard to the temperatures recommended to prevent 
damage to the respirator. Additionally, automated cleaning, which is 
now being used by many larger companies, is allowed as long as 
effective cleaning and disinfecting solutions are used and recommended 
temperatures, which are designed to prevent damage to respirator 
components, are not exceeded.
    Commenters (Exs. 54-91, 54-187, 54-330, 54-389, 54-309, Tr. 695) 
generally supported the need for a respirator maintenance program but 
took differing approaches to the provisions proposed in paragraph 
(h)(1) (i)-(iii) dealing with the frequency of cleaning and 
disinfecting respirators. One commenter (Ex. 54-187) agreed with the 
provisions as proposed. Others (Exs. 54-208, 54-67, 54-91, 54-408) 
recommended a more performance-oriented approach.

[[Page 1249]]

For example, Darell Bevis of Bevis Associates International objected to 
the proposed requirement that respirators that are issued for the 
exclusive use of an employee be cleaned and disinfected daily by 
stating:

    [D]iffering workplace conditions will require that cleaning and 
disinfection may be required more frequently or even less frequently 
than daily. A requirement for daily cleaning when unnecessary 
results in considerable additional respirator program costs with no 
benefit. A more realistic and still enforceable requirement would be 
routinely used respirators issued for the exclusive use of an 
employee shall be cleaned and disinfected as frequently as necessary 
to ensure that the user has a clean, sanitary, properly functioning 
respirator at all times (Tr. 695).

    Other commenters (Exs. 54-67, 54-91, 54-234, 54-271, 54-278, 54-
286, 54-289, 54-293, 54-334, 54-350, 54-374, 54-424, 54-435, Ex. 163) 
also objected to cleaning and disinfecting respirators at the end of 
each day's use if the respirator is issued for the exclusive use of a 
single employee. These comments were in general agreement with the 
American Industrial Hygiene Association's statement:

    The performance-oriented language of the existing standard is 
more reasonable [than the proposed language]. Cleaning and 
disinfecting of individually assigned respirators should be done 
``as needed'' to assure proper respirator performance and to 
preclude skin irritation or toxicity hazards from accumulation of 
materials. Disinfecting an individually issued respirator is 
probably not necessary at all unless the ``contaminant'' is 
biological in nature (Ex. 54-208).

    Several other commenters (See, e.g., Exs. 54-330, 54-389, 309) were 
in favor of cleaning individually assigned respirators at the end of 
each day's use, but recommended disinfecting or sanitizing only after 
longer periods or when necessary. Michael Laford, Manager of Industrial 
Hygiene and Safety at Cambrex, commented as follows:

    It is important to clean all personal protective equipment, 
preferably after each use as needed, and not just once a day. 
However, is the additional requirement for daily disinfection * * * 
where respirators are individually assigned, supported with valid 
studies or data? In the absence of data that supports a real benefit 
of this requirement, the language should revert to ``periodic'' 
disinfecting of respirators (Ex. 54-389).

    The need for flexibility with respect to maintaining clean and 
sanitary respirators was also discussed during the hearings. For 
example, in response to a question asked by a member of the OSHA panel 
regarding how often a respirator mask should be cleaned, James Centner, 
Safety and Health Specialist with the United Steel Workers of America 
(USWA), replied that it depended on the length of time the respirator 
is worn and the workplace conditions. He stated, ``If you're working in 
a smelter where it's hot and dirty and dusty, workers probably need to 
take that respirator off about every 30 minutes and do a good, thorough 
job of washing the grit and dirt off their face and . . . do a quick 
maintenance clean-up job on the sealing surface of the respirator so it 
maintains an adequate fit'' (Tr. 1068). Darell Bevis of Bevis 
Associates International (Tr. 747-748) responded similarly when asked 
this question; he contrasted dusty workplaces, such as fossil fuel 
power generation plants where respirators become filthy with hazardous 
particulates, to workplaces involving exposure only to gases and vapors 
where respirators may remain clean for long periods.
    OSHA agrees with these commenters that the necessary frequency for 
cleaning a respirator can range from several times a day to less than 
daily. Therefore, OSHA has restated paragraph (h)(1)(i) in performance-
based language, which will provide employers with flexibility in 
maintaining clean and sanitary respirators when the respirator is used 
exclusively by a single employee. Final paragraph (h)(1)(i) now reads 
as follows: ``Respirators issued for the exclusive use of an employee 
shall be cleaned and disinfected as often as necessary to be maintained 
in a sanitary condition.'' Final paragraph (h)(1)(i) is complemented by 
the respirator use provision in final paragraph (g)(2)(ii)(A), which 
requires that employers ensure that workers leave the respirator use 
area to wash their faces as necessary to prevent eye or skin 
irritation. OSHA believes that compliance with final paragraphs 
(h)(1)(i) and (g)(2)(ii)(A), as well as the training provisions in 
paragraph (k) regarding maintenance of the respirator, will provide 
effective employee protection against hazardous substances that 
accumulate on the respirator, interfere with facepiece seal, and cause 
irritation of the user's skin.
    Proposed paragraphs (h)(1)(ii)-(iii) specified that respirators 
used by more than one employee or respirators issued for emergency use 
be cleaned and disinfected after each use and were the subject of a 
number of comments (See, e.g., Exs. 54-67, 54-234, 54-361, 54-408, 54-
424 and Tr. 695). For example, the Service Employees International 
Union (Ex. 54-455) suggested that OSHA replace the phrase ``after each 
use'' with ``before they are worn by another user.'' OSHA agrees with 
this suggestion as it applies to the shared use of respirators in non-
emergency situations, and has revised final paragraph (h)(1)(ii) to 
require cleaning and disinfecting of respirators prior to their use by 
other individuals. OSHA believes that this modification provides 
flexibility in those areas where respirators are assigned to more than 
one employee. This requirement is also consistent with the parallel 
provision of ANSI Z88.2-1992. However, if the respirator is to be used 
in an emergency situation, it should be in a clean and sanitary 
condition and immediately ready for use at all times. Emergency 
personnel cannot waste time cleaning and sanitizing the respirator 
prior to responding to an emergency. Thus, if the respirator is one 
that is maintained for emergency use, the final standard in paragraph 
(h)(1)(iii) retains the requirement to clean and disinfect the 
respirator after each use.
    Final paragraph (h)(1)(iv) requires the cleaning and disinfecting 
of respirators used in fit testing and training exercises. This 
provision was added in response to a recommendation made by the Public 
Service Company of Colorado (Ex. 54-179) that respirators be cleaned 
and disinfected after each fit test. Additionally, representatives of 
Electronic and Information Technologies (Ex. 54-161) pointed out that, 
although the proposal addressed cleaning and disinfecting procedures 
for respirators worn during routine and emergency use, it did not 
specify how respirators should be cleaned/disinfected during fit 
testing or training activities. Since these conditions involve shared 
use, OSHA has emphasized in final paragraph (h)(1)(iv) the need to 
properly clean and disinfect or sanitize respirators used for training 
and fit testing after each use.
    OSHA noted in the proposal that it was not stating who should do 
the cleaning and disinfecting, only that it be done (59 FR 58924). 
However, as with all other provisions of the standard, the employer is 
responsible for satisfying the cleaning and disinfecting requirements. 
The final standard requires that the employer ensure that cleaning is 
done properly, and that only properly cleaned and disinfected 
respirators are used. The employer is allowed to choose the cleaning 
and disinfecting program that best meets the requirements of the 
standard and the particular circumstances of the workplace. Richard 
Uhlar, an industrial hygienist for the International Chemical Workers 
Union (ICWU), commented that workers should be given paid time to 
clean, disinfect, and inspect respirators; otherwise, in the view of

[[Page 1250]]

this commenter, respirators will not be taken care of properly (Ex. 54-
427). OSHA notes that if the employer elects to have employees clean 
their own respirators, the employer must provide the cleaning and 
disinfecting equipment, supplies, and facilities, as well as time for 
the job to be done.
    Commenting on a preproposal draft of the standard, the United 
Steelworkers of America (USWA) (Ex. 36-46) recommended that OSHA 
require the employer to clean and repair respirators. The USWA stated 
that programs in which employers require employees to return their 
respirators at the end of each shift to a central facility for 
inspection, cleaning, and repairs by trained personnel are more 
effective than programs in which employees are responsible for cleaning 
their own respirators. OSHA agrees that such a centralized cleaning and 
repair operation can ensure that properly cleaned and disinfected 
respirators are available for use, but this approach is not the only 
way to fulfill this requirement. For example, central facilities may be 
inappropriate in workplaces where respirator use is infrequent, or 
where the number of respirators in use is small.
    Final paragraph (h)(2), which establishes storage requirements for 
respirators, does not differ substantively from the corresponding 
requirements in the proposal. However, some of the proposed provisions 
have been consolidated to simplify understanding and interpretation of 
the requirements. Final paragraph (h)(2)(i) sets forth the storage 
requirements for all respirators, while final paragraph (h)(2)(ii) 
addresses additional requirements for the storage of emergency 
respirators. Specifically, final paragraph (h)(2)(i) requires that all 
respirators be stored in a manner that protects them from damage, 
contamination, harmful environmental conditions and damaging chemicals, 
and prevents deformation of the facepiece and exhalation valve. 
Respirators maintained for emergency use also must be stored in 
accordance with the requirements of final paragraph (h)(2)(i) and, in 
addition, must be kept accessible to the work area, be stored in 
compartments or covers that are clearly marked as containing emergency 
respirators, and be stored in accordance with any applicable 
manufacturer's instructions (paragraph (h)(2)(ii)).
    There was general support in the record for the performance 
approach that OSHA took in the proposal with regard to storage 
requirements. For example, the Industrial Safety Equipment Association 
(ISEA) commented: ``[B]ecause the degree of severity of an 
environmental condition that would cause deterioration would be related 
to the tolerance of the particular equipment in question and would thus 
vary from model to model, there is no need to specify conditions of 
storage in more detail'' (Ex. 54-363). The comment submitted by the 
Mobil Oil Corporation (Ex. 54-234) agreed with OSHA's proposed approach 
on respirator storage, but went further to state that ``[t]o place 
storage requirements in specific language may actually contradict 
specific recommendations of the manufacturer.'' Other commenters also 
supported OSHA's provisions as proposed (See Exs. 54-172, 54-250, 54-
273, 54-408, 54-424, and 54-455).
    There were, however, some suggested changes that commenters 
believed would clarify final paragraph (h)(2). One commenter (Ex. 54-
32) suggested that, in addition to requirements for accessibility and 
maintenance of emergency respirators, there should be a requirement for 
specific `` awareness training'' to remind employees of the location of 
such respirators. OSHA agrees that such knowledge is vital. The 
training specified in paragraph (k), especially the provisions on how 
to use a respirator in emergency situations (final paragraph 
(k)(1)(iii)) and procedures for the maintenance and storage of 
respirators (final paragraph (k)(1)(v)), are designed to do this. In 
addition, paragraph (k) requires that employers retrain employees where 
it appears necessary to do so to ensure safe respirator use.
    Two commenters recommended that employees, rather than employers, 
be held responsible for cleaning, sanitizing, and storing their 
respirators. The Grain Elevator and Processing Society (Ex. 54-226) 
recommended that, for most operations, the maintenance and care of 
respirators should be the responsibility of the employee once the 
employee has been trained. In another comment specific to the storage 
provision, the American Petroleum Institute (Ex. 54-330) pointed out 
that employers generally do not store respirators; instead, respirator 
storage is the responsibility of the employee. In response, OSHA notes 
that section 5(a)(2) of the OSH Act and case law interpreting that 
provision have specifically placed the burden of complying with safety 
and health standards on the employer because the employer controls 
conditions in the workplace. The employer is, therefore, responsible 
for the results of actions taken by others at the direction of the 
employer. For example, although an employee may physically store a 
respirator, a contractor may perform a fit test, or a physician may 
examine an employee at the employer's direction, the employer is 
ultimately responsible for ensuring that these actions are taken to 
comply with the standard.
    Proposed paragraph (h)(2)(ii) would have required that compartments 
be built to protect respirators that are stored in locations where 
weathering, contamination, or deterioration could occur. The 
Westminster, Maryland Fire Department (Ex. 54-68) raised the following 
concern about this proposed provision:

    This requirement may be appropriate for manufacturing but is not 
practical given the operations of the fire service. * * * As OSHA is 
aware the fire service maintains its breathing apparatus in a ready 
posture on the apparatus. To require the apparatus to be placed in a 
compartment would eliminate the precious time saved by donning the 
apparatus enroute to the emergency. This operation has been the 
backbone of our efficiency at rescue and suppression operations.

Similar concerns were raised by the National Volunteer Fire Council 
(Tr. 499) and the Connecticut Fire Chiefs' Association, Inc. (Ex. 180). 
In response to these concerns, OSHA has crafted language that the 
Agency believes fulfills the purpose of this provision and maintains 
the efficiency of emergency response workers such as firefighters. 
Instead of requiring emergency respirators to be stored only in 
compartments, final paragraph (h)(2)(ii)(B) permits them alternatively 
to be stored in covers that are clearly marked as containing emergency 
respirators. Walk-out brackets with covers that are mounted on a wall 
or to a stable surface (e.g., on a fire truck) may be used so long as 
the respirator is covered to prevent damage when not in use. Because a 
cover can be removed in seconds, OSHA believes that this change 
addresses the needs of firefighters and other emergency responders. It 
is important that the walk-out brackets are mounted within the vehicle. 
For example, they can be mounted directly to the fire truck to enable 
firefighters to rapidly don the respiratory equipment when needed. 
However, any means of storage used must be secure. If walk-out brackets 
are not mounted, there is a danger that the unsecured respirators could 
become damaged as a result of vehicle motion.
    Final paragraph (h)(3) requires regular inspections to ensure the 
continued reliability of respiratory equipment. The frequency of 
inspection and the procedures to be followed depend on whether the 
respirator is intended for non-emergency, emergency, or escape-only 
use.


[[Continued on page 1251]]




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