Are you providing a copy of 1910.134 Appednix D to each employee who wears a filtering facepieces (dust masks) on a “voluntary basis”? Are you controlling these filtering facepieces (dust masks) so that ONLY employees who have been provided with a copy of Appendix D have access to these filtering facepieces (dust masks)? For the past 15 or so years I, and I know of many other safety pro’s, have apparently been in error with regards to our obligation(s) when employees wear filtering facepieces (dust masks) on a “voluntary basis”. I was under the impression that the exception found in 1910.134(c)(2)(ii) exempted the need to have any kind of respiratory protection program if the ONLY respirator used on site involved the voluntary use of filtering facepieces (dust masks). This is really concerning to me, as I have had dozens of discussions with current and retired OSHA personnel, some as high as Area Director, and it seems that even some OSHA personnel may find this position confusing. Here’s why…
1910.134(c)(2)(ii) In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).
But a recent decision by the OSHRC established (as well as a 2011 LOI) that the the “voluntary use” of filtering facepieces (dust masks) requires the employer to provide Appendix D to employees who would wear filtering facepieces (dust masks) on a “voluntary basis”. I will also point to several other statements by OSHA that will support my understanding and not the OSHRC’s. Such as:
OSHA Training Materials
Before you can voluntarily use a respirator, your employer must ensure that its use does not present a health hazard to you. To do this, your employer must implement certain elements of a written respiratory protection program necessary to ensure that any worker using a respirator voluntarily is medically able to use that respirator. In addition, your employer must ensure that the respirator is properly cleaned, stored and maintained so that its use does not present a health hazard to you. However, employers do not have to develop and implement a written respiratory protection program when workers only use filtering facepiece respirators voluntarily. (https://www.osha.gov/video/respiratory_protection/voluntaryuse_transcript.html)
2011 LOI
Question 5: In a situation where an employee is working in an area with minor dust exposure, where no respiratory hazards exist, and where an employee is voluntarily using an N95 filtering facepiece respirator, does this use fall within the scope of the exception provided in paragraph 1910.134(c)(2)(ii)?
Response: Yes; according to the exception, if the employer allows N95 filtering facepiece respirators to be voluntarily used by employees in areas that have no respiratory hazards, the employer is not required to include these employees in a written respiratory protection program.
Now Question 6 of the same LOI states:
Question 6: Which provisions of the respiratory protection standard must be followed when an N95 filtering facepiece respirator is voluntarily used?
Response: If the employer allows employees to voluntarily use filtering facepiece respirators, the employer must follow the appropriate provisions in (c)(2). The employer must determine that such respirator use will not in itself create a hazard (i.e., by ensuring that masks are not used if dirty or contaminated, and that their use does not interfere with the employee’s ability to work safely). The employer also must provide the information in Appendix D to each voluntary wearer.
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28565
OSHA Q&A
Q: What are the employer’s obligations when respiratory protection is not required but employees wear respirators on their own accord?
A: The employer must implement those elements of the written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so its use does not present a health hazard to the user. Also, employers must provide the voluntary respirator users with the information contained in Appendix D of 29 CFR 1910.134.
Employers are not required to include in a written respiratory program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).
https://www.osha.gov/dte/library/respirators/faq.html
This 2011 LOI is my first and only indication that OSHA has established that even those employees using filtering facepieces (dust masks) on a “voluntary basis” are REQUIRED to receive Appendix D.
This is a HUGE revelation for me, as I never required Appendix D in my programs for those employees who ONLY used filtering facepieces (dust masks) on a “voluntary basis”. If an employee requested the use of ANY OTHER TYPE of respirator on a “voluntary basis” then they would receive a copy of Appendix D, which I required them to SIGN and DATE (then we made a copy and retained this for our records to show compliance with the “voluntary use” requirements).
Think about the number of workers using these filtering facepieces (dust masks) on a “voluntary basis”! Has each one been provided with a copy of Appendix D? What is really confusing to me is how are we expected to manage this requirement when the “exception” in 1910.134(c)(2)(ii) clearly states that employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks). If we are not required to include the employees who only use filtering facepieces (dust masks) on a “voluntary basis” in our program, and it is our respiratory protection program that includes the use of 1910.134 Appendix D, how does OSHA suggest we “manage” the uses of filtering face pieces?
I apologize to all my auditing clients for this error! Scary to think that a CSHO could walk into just about any manufacturing facility in this country and find these “dust masks” in use on a voluntary basis, and I am going to bet the vast majority of workers were never provided Appendix D. PLEASE answer my survey question below so I can establish I have not fully lost my mind and I am not the only safety pro who missed this proverbial boat! Answers are 100% confidential and I will not even see IP addresses with answers.
Editorial UPDATE (6/17 @ 5:00 pm EST) – I am not trying to imply that we need to change our practices. I was just shocked that maybe I had been doing it wrong all these years and that my former facilities and current clients would be at serious risks of a citation should OSHA actually establish this requirement. As I noted, I am certain there are thousands of facilities who manage their filtering face pieces like I do, and my e-mail has lit up since I posted this article this morning. See Paul’s comments at the bottom of the page and I would love to hear from others. The ALJ did in fact uphold the OSHA citation in this matter and for whatever reason they did so, they are in essence saying… Appendix D applies to voluntary use of dust masks.
UPDATE #2 (6/18/15 @ 7:05 pm EST) – the OSHA 3384 – Small Entity Compliance Guide for the Respiratory Protection Standard (p.14) states
What types of respirators do the voluntary use requirements apply to?
This requirement applies primarily to tight-fitting negative pressure APRs, but would also apply to powered APRs if an employee elected to voluntarily
use this type of respirator.
OSHA considers filtering -face pieces (dust masks) as tight-fitting negative pressure APRs! So this is another data point that makes it appear that OSHA does expect APpendix D for volutary use of “filtering facepieces” (dust masks).
Social Medi Discussion with a retired OSHA Assistant Regional Administrator on 6/18/15
Me:
This month the OSHRC upheld an OSHA citation that has me and many other safety professionals confused. I can not seem to get an “official” response from OSHA and calling 5 different A.O.’s and asking the duty officer the same question got me almost entirely different answers and rationale each time. If the ONLY respirators used on site are “filtering facepieces” (dust masks) and ALL of their use is voluntary do I have to use/provide Appendix D to those using these “filtering facepieces” (dust masks) on the voluntary basis?
Retired OSHA Assistant Regional Administrator:
Yes
Me:
Then what does the exemption in 1910.134(c)(2)(ii) actually exempt?
Retired OSHA Assistant Regional Administrator:
Most everything
Me:
So it is OSHA’s position that anyone wearing a dust mask should have been provided with the info in Appendix D. In other words, an employer MUST control these respirators in order to prevent an “untrained worker” from getting one and donning it, even though they do not need one for protection (i.e. voluntary basis)? Now I see why none of you guys jumped in and corrected my blog posting – I have been wrong all these years assuming dust masks on a volunteer basis were exempt from 1910.134!!!
Retired OSHA Assistant Regional Administrator:
That is correct.
Me:
WOW! It would be interesting to poll 10,000 safety pros on this question. I would bet you 90% + would say they are exempt.
Retired OSHA Assistant Regional Administrator:
Common issue within osha. Usually top 10 respirator issue.
Me:
As always THANKS a million for your time and assistance XXXXX