Law, standards and program requirements · HSE-240 Lesson 4

Respiratory protection is one of the most heavily regulated areas of personal protective equipment. Both countries require employers to provide approved respirators, to run a written program and to cover fit testing, training and maintenance. The details differ. This lesson sets out the legal framework in your country, the standards it references, the elements every program must contain and the special case of voluntary use.

A layered diagram. The top layer is the Occupational Safety and Health Act with the general duty clause. Below it is 29 CFR 1910.134 Respiratory Protection, applied to construction by 1926.103, plus substance-specific standards. Below that are NIOSH approval under 42 CFR Part 84 and the CGA G-7.1 Grade D breathing air specification. The bottom layer is the employer's written respiratory protection program. — How the law, regulations, standards and the employer's program fit together.

The legal framework

The Occupational Safety and Health Act requires employers to provide a workplace free from recognized hazards and to comply with OSHA standards. The core rule is the Respiratory Protection standard, 29 CFR 1910.134. Construction work is covered through 1926.103, which applies 1910.134. About half the states run their own OSHA-approved state plans, which must be at least as effective as federal OSHA and sometimes go further. Respirators must be approved by NIOSH under 42 CFR Part 84.

The main US respiratory protection rules.
Rule	Applies to	Key points
29 CFR 1910.134	General industry, maritime and, through 1926.103, construction	Written program, administrator, selection, medical evaluation, fit testing, use, maintenance, breathing air, training, evaluation and records
Substance-specific standards	Silica, lead, asbestos, benzene, cadmium, formaldehyde and others	Add specific respirator requirements, often referencing 1910.134 for the program
42 CFR Part 84	Respirator manufacturers	NIOSH tests and approves respirators; only approved respirators may be used to comply with OSHA
State plans	Workers in states with approved plans	Must be at least as effective as federal OSHA; some add requirements, such as California's rules for wildfire smoke and aerosol transmissible diseases
General duty clause	All covered employers	Can apply where a recognized respiratory hazard exists even if no specific standard is violated

Two cautions apply. First, OSHA proposed on 1 July 2025 to remove the medical evaluation requirement for certain respirators, including filtering facepieces and loose-fitting powered air-purifying respirators, and reopened the comment period to 6 July 2026 after its construction advisory committee reviewed the proposal. At the time of writing the proposal is not final, so the current medical evaluation requirements still apply; check the Federal Register for its status. Second, NIOSH is finalizing new approval classes, including a PAPR100 class and combination unit respirators, so the range of approved products is changing.

What a written program must contain

Although the wording differs, the required program elements are essentially the same in both countries. The table below lists them. Every later lesson in this course expands on one or more of these elements.

Elements of a written respiratory protection program, and where they are covered in this course.
Program element	What it requires	Lesson
Hazard assessment and selection	Identify respiratory hazards, estimate exposures and select approved respirators adequate for them	3, 5, 6, 7
Medical evaluation	Confirm each worker can wear the selected respirator without undue health risk before fit testing and use	8
Fit testing	Test each tight-fitting respirator on each wearer before use, periodically and after changes	9
Use procedures	Routine use, seal checks, facial hair, leaving the area, and procedures for emergencies and IDLH atmospheres	9, 10, 11
Maintenance and care	Cleaning, disinfecting, inspection, storage, repair and discarding	10
Cartridge and filter change schedules	Data-based replacement for gas and vapor cartridges and criteria for particulate filters	7
Breathing air quality	Air for supplied-air respirators and SCBA meets the specified grade	11
Training	Hazards, respirator limits, use, maintenance, emergencies and recognizing medical signs, before use and periodically	10, 12
Program evaluation	Regular checks that the program is followed and effective, including asking wearers	12
Records	Hazard assessments, medical clearances, fit tests, training and inspections	12

OSHA requires a program administrator who is qualified by appropriate training or experience commensurate with the complexity of the program, and who administers or oversees the program and conducts the required evaluations (1910.134(c)(3)). Employers must provide respirators, training and medical evaluations at no cost to the employee (1910.134(c)(4)). The written program must be updated as necessary to reflect changes in workplace conditions that affect respirator use.

Approval of respirators

OSHA requires respirators approved by NIOSH (1910.134(d)(1)(ii)). A NIOSH approval number, in the form TC-84A-xxxx for particulate respirators, appears on the respirator or its packaging, and the approval covers the complete assembly: the facepiece, the specific filters or cartridges and any other components. Mixing parts from different manufacturers voids the approval. NIOSH publishes the Certified Equipment List and notices of counterfeit and misrepresented respirators, which should be checked when buying from unfamiliar suppliers.

Worked problem

Spotting a voided approval

A crew's half-facepiece respirators are from Manufacturer A. Because the store ran out, the crew buys organic vapor cartridges from Manufacturer B that physically fit the facepieces. Is this acceptable?

Show solution

NIOSH approval applies to a specific combination of facepiece and cartridges tested together.
Manufacturer B's cartridges are not part of Manufacturer A's approval, even if they fit.
The assembly is therefore not approved, and using it would not comply with the regulation.

Answer: No. Use only the cartridges listed in the approval for that facepiece. Stock enough spares to avoid improvising.

Voluntary use

Sometimes workers want to wear a respirator even though the hazard assessment shows it is not required, for example an N95 during dusty sweeping well below the limit, or during allergy season. Voluntary use is generally allowed, but the employer still has responsibilities, because a respirator can create hazards of its own, such as a dirty facepiece or a worker with a heart condition wearing a tight-fitting mask in hot conditions.

OSHA allows voluntary use if the respirator itself does not create a hazard (1910.134(c)(2)). The employer must give voluntary users the information in Appendix D of the standard. For voluntary use of filtering facepieces (dust masks) only, no written program is required. For voluntary use of any other respirator, such as an elastomeric half mask, the employer must include in a written program the elements needed to ensure the user is medically able to wear it and that it is cleaned, stored and maintained so that it does not present a hazard. Fit testing is not required for voluntary use.

Worked problem

Is this use voluntary?

Air sampling in a woodworking shop shows wood dust at 20 percent of the limit. Two workers ask to wear N95 filtering facepieces, and a third wants to wear his own elastomeric half mask with P100 filters. What does the employer need to do?

Show solution

Exposure is well below the limit, so respirators are not required by the hazard assessment.
All three are voluntary users. Give all three the Appendix D information.
The two N95 users need nothing more; no written program is required for voluntary filtering facepiece use.
The elastomeric user must be covered by written program elements for medical evaluation, cleaning, storage and maintenance. Fit testing is not required.

Answer: Provide Appendix D to all three, and include the elastomeric user in written program elements for medical evaluation and maintenance.

Responsibilities on multi-employer sites

On construction sites and in contracted maintenance, several employers' workers may share the same atmosphere. Each employer is responsible for its own workers' respiratory protection, but the employer that controls the site, such as the constructor or host employer, must coordinate. A painting contractor's spray mist can expose an electrician working nearby who has no respirator and no idea the exposure exists. Coordination means sharing hazard information, scheduling incompatible work apart, setting up controlled areas with signs, and confirming that each contractor has its own program.

Worked problem

A contractor program gap review

A facility hires a contractor to remove old floor coatings with solvents. The contractor's binder contains a one-page respirator policy saying 'workers will wear respirators as needed', a list of fit test dates from three years ago and purchase receipts for cartridges. What gaps should the host employer raise before work starts?

Show solution

No hazard assessment or exposure estimate for the specific solvents and task.
No selection rationale or cartridge change schedule for the solvents.
No evidence of medical evaluation.
Fit tests are three years old; OSHA requires fit testing at least annually.
No training records, maintenance procedures or program administrator named.

Answer: The contractor has respirators but not a program. The host should require a task-specific hazard assessment, selection and change schedule, current fit tests and medical clearances, training records and a named administrator before the work proceeds.

Records

OSHA requires the employer to keep written records of medical evaluations under 1910.1020, fit test records until the next fit test, and a written copy of the current program (1910.134(m)). Exposure monitoring records generally must be kept for 30 years under 1910.1020. Medical details are confidential: the supervisor receives only the health professional's written recommendation on whether the employee can use the respirator and any limitations.

Inspections and enforcement

When an OSHA compliance officer inspects a workplace where respirators are used, the questions are predictable. Is there a written program with worksite-specific procedures? Is there a qualified program administrator? Can the employer show medical evaluations, current fit tests and training for each employee required to wear a respirator? Are change schedules written and followed? Are respirators clean, in good condition and stored properly? Is breathing air tested? Compliance officers also interview employees, and an employee who cannot explain when to change cartridges or how to do a seal check is evidence that training has not worked. Citations for respiratory protection commonly involve the written program, medical evaluation and fit testing, and each missing element can be cited separately, with penalties adjusted for inflation every year.

Enforcement is not the main reason to run a good program, but inspection questions are a useful self-audit. If you cannot answer one of them quickly with a document or a demonstration, that part of the program probably does not work in practice either.

Worked problem

Preparing for an inspection question

An inspector asks a supervisor to show how the company decided that a half mask with organic vapor cartridges is adequate for the parts-washing task, and how often the cartridges are changed. What documents should the supervisor be able to produce?

Show solution

The hazard assessment for the task, with exposure monitoring results or a documented estimate.
The selection calculation: expected concentration divided by the limit, compared with the APF of 10, and a check against the IDLH and cartridge limits.
The change schedule, with the manufacturer's service life printout and the conditions assumed.
Fit test, medical clearance and training records for the workers doing the task.

Answer: The assessment, the selection calculation, the change schedule with its data source, and individual worker records. Together they show the decision was deliberate and documented.

Common mistakes

MistakeTreating a box of respirators and a fit test list as a program.
InsteadMaintain a written program covering every required element, with a named administrator.
MistakeMixing facepieces and cartridges from different manufacturers because they fit.
InsteadUse only components listed in the NIOSH approval for that assembly.
MistakeAssuming proposed changes to 1910.134 are already in force.
InsteadFollow the current rule until a final rule is published and in effect.
MistakeIgnoring respirators that workers wear voluntarily.
InsteadMake sure voluntary use does not create a hazard and give the required information.
MistakeLetting supervisors see workers' detailed medical information.
InsteadSupervisors receive only the health professional's clearance and limitations.
MistakeAssuming each contractor's exposures stay within its own work area.
InsteadCoordinate hazards, scheduling and controlled areas on multi-employer sites.

Summary and key terms

OSHA's 1910.134 is the core US rule, applied to construction by 1926.103, with NIOSH approval under 42 CFR Part 84.
OSHA requires a qualified program administrator and provides respirators, training and medical evaluation at no cost to employees.
Every program covers selection, medical evaluation, fit testing, use, maintenance, change schedules, breathing air, training, evaluation and records.
NIOSH approval covers the complete assembly; mixing components voids it.
Voluntary use is allowed if the respirator does not create a hazard, with information and, for reusable tight-fitting respirators, medical and maintenance controls.
Host employers and constructors must coordinate respiratory hazards between contractors.
Records of assessments, medical clearances, fit tests and training support the program and may be needed decades later.

CSA Z94.4: The Canadian standard for the selection, use and care of respirators.
CSA Z94.4.1: A Canadian performance standard for filtering respirators, published in 2021.
29 CFR 1910.134: OSHA's Respiratory Protection standard.
NIOSH approval: Certification by the US National Institute for Occupational Safety and Health that a complete respirator assembly meets 42 CFR Part 84.
TC number: The NIOSH approval number marked on a respirator, such as TC-84A for particulate respirators.
Voluntary use: Respirator use that is not required by the hazard assessment or by a regulation.
Appendix D: The information sheet in OSHA's standard that must be given to voluntary respirator users.
Code of practice: A written set of procedures required by some jurisdictions, such as Alberta, for respirator selection, use and maintenance.
State plan: A US state occupational safety and health program approved by OSHA.
Constructor: In Ontario, the party with overall responsibility for a construction project, which must coordinate safety between contractors.

Practice problems

Work each problem on paper first, then reveal the answer to check.

Which OSHA standard applies respirator rules to construction?
Show answer
29 CFR 1926.103, which applies 1910.134.
Who approves respirators used in both Canadian and US workplaces?
Show answer
NIOSH, under 42 CFR Part 84.
List six required program elements.
Show answer
Any six of selection, medical evaluation, fit testing, use procedures, maintenance, change schedules, breathing air, training, evaluation and records.
Why does mixing a facepiece and cartridges from different manufacturers matter?
Show answer
NIOSH approval covers the tested assembly; mixing components voids it.
What must voluntary filtering facepiece users receive?
Show answer
The information in Appendix D of 1910.134.
A worker voluntarily wears an elastomeric half mask. What controls are still needed?
Show answer
Information on limitations, plus medical screening and cleaning, storage and maintenance procedures.
What should a supervisor receive from a medical evaluation?
Show answer
Only the clearance and any limitations, not detailed medical information.
Why is coordination needed on a multi-employer site?
Show answer
One contractor's contaminants can expose other workers who have no respirators or information.
What did OSHA propose in July 2025?
Show answer
To remove the medical evaluation requirement for some respirators, including filtering facepieces and loose-fitting PAPRs; it is not final at the time of writing.
Why keep exposure records for decades?
Show answer
Occupational diseases appear years later, and records support claims and medical follow-up.