RECORD ID D99-03-008 Precedented

STANDARD NUMBER

INFORMATION DATE 03-30-1999

SUBJECT Annual Respirator Training

QUESTION

Currently OSHA allows respirator training to occur annually. We have run into a situation that begs the question, "Is respirator training that is conducted on an annual basis good through the end of the anniversary month in which the wearer was trained"? We would like to tie Mask Fit and Training together by allowing the training to be extended to end of the month to allow for scheduling concerns. OSHA does not prohibit this action, does DOE concur?

REGULATORY REVIEW

Yes. In this situation, there are no DOE prescribed practices or policies that deviate from the applicable regulations established by OSHA. The OSHA Respiratory Protection Standard found at 29 CFR 1910.134 specifies that retraining for employees who use respirators in the workplace be conducted at least on an annual basis. "1910.134(k) Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. …" The requirements specified by the American National Standards Institute (ANSI) publication ANSI Z88.2-1992, "American National Standard for Respiratory Protection," are adopted by DOE Order 440.1A, "Worker Protection Management for DOE Federal and Contractor Employees," and its Appendix 2, "Contractor Requirements Document." DOE O 440.1A requires DOE elements, and contractors where required by contract, to comply with the worker protection provisions found in this consensus standard when applicable. Section 8.2 "Training Frequency" of ANSI Z88.2-1992 directs the following practice: "Each respirator wearer shall be trained upon initial assignment and be retrained once every 12 months." Neither 1910.134 nor ANSI Z88.2-1992 offer a precise definition of the terms "annual" or "every 12 months." However, an excerpt from a recent OSHA Letter of Interpretation to J. Hale (attached as 12/23/1998) provides clarification of annual training for respiratory protection: "In your second question, you have asked for a clear definition of what OSHA means by "annual," with regard to the training and fit test requirements in the Respiratory Protection Standard. Annual means that training and fit testing must be conducted every year, before or on the anniversary date of the employee's previous training and fit test; for example, if the employee is trained or fit tested on February 1, 1999, then the employee must be trained or fit tested before or on February 1, 2000." Another OSHA Letter of Interpretation to S. Trower (attached as 10/16/1991) addressing the refresher training requirements under 1910.120 implies that OSHA allows some latitude in scheduling annual training: "… training course does not need to be on the exact anniversary of the initial training. Employees should have the refresher course reasonably close to the anniversary date, taking into consideration the company's and the employees' convenience in scheduling the course. However, if the training does not take place by the anniversary date, there should be a record in the employee's file indicating why the training has been delayed and when the training will be completed."