The SAFTENG team has come across this rare situation twice in 2016 and it seems to be a matter that is open to much interpretation so I am hoping we can have a rationale discussion. The situation arises when we come across a facility using a brand/model of respirator that no longer has a NIOSH approval due to the fact that NIOSH has rescinded their certification. This means the brand/model is NO LONGER NIOSH certified and thus no longer complies with:
1910.134(d)(1)(ii) The employer shall select a NIOSH-certified respirator. The respirator shall be used in compliance with the conditions of its certification.
To make this even more clear, this is what NIOSH states on their Respirator User Notices:
As of [insert date], [insert manufacturer’s name] respirators bearing the NIOSH approval numbers listed above are no longer approved and may not be used in fulfillment of any statute or standard requiring a NIOSH-approved respirator.
The questions I have:
- The respirators were made to meet NIOSH and were purchased with the NIOSH approval, so now all of a sudden they are not NIOSH approved?
- Do the respirators have to be removed from service immediately? After all, there is no way an employer would know the NIOSH Approval has been rescinded unless someone tells them or they check The National Personal Protective Technology Laboratory (NPPTL) webpage.
- What if the respirators were bought only months before the approval was rescinded, how long can a facility continue to use the respirators or is the $ invested in them now just a waste?
- Would OSHA issue a citation against 1910.134(d)(1)(ii)?
What say you?