Q and A on the Voluntary Use of Respiratory Protection
By Joel M. Cohen, MPH, CIH
Many of the contractors we have spoken with indicate they do not have a regular need for respiratory protection. However, they often have employees who desire to wear a respirator or dust mask for certain jobs, even though it is not required for the job or task at hand. This should answer your questions about what Cal/OSHA requires regarding the "voluntary" use of respiratory protection.
1. Are all "dust masks" exempted from the requirements of the Respirator Standard? The standard states "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" [8CCR§5144(c)(2)(B)]. The answer partially lies in the definitions of two key terms, "voluntary use" and "filtering facepiece." "Voluntary use" refers to employers that provide respirators at the request of employees, or permit employees to use their own respirators, even though the employer has determined that no hazard exists that would suggest the need for respirators. "Filtering facepiece" is defined as a negative pressure particulate respirator with a filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium, aka a "dust mask." Therefore, the answer to the question is YES if use is voluntary, the employer determines that the use of the respirator will not itself create a hazard, and the employer provides respirator users with the information contained in Appendix D of the standard. However, this would not be the case for the voluntary use of other styles of respirators such as what would be worn for the protection against asbestos exposure (e.g., dual cartridge air purifying). Under such circumstances, the employer is obligated to include users in its program addressing medical evaluations, and the care and maintenance of the respirator.
You can find Appendix D by accessing the Cal/OSHA website (www.dir.ca.gov) and clicking on the Regulations icon (Title 8 California Code of Regulations, Section 5144) or call The Cohen Group.
2. Can the cost of the medical examination required for voluntary users of tight-fitting respirators (e.g., half mask respirators with cartridges) be passed on to the employee? No. The employer is responsible for the cost. In one of its standard interpretation letters, OSHA writes "If the employer allows the voluntary use of respirators other than filtering facepieces, then costs associated with ensuring the respirator itself does not create a hazard, such as medical evaluations and maintenance must be provided at no cost to the employee." [dated December 23, 1998]
3. Are carbon impregnated disposable dust masks used for protection from organic vapors or disposable dust masks that include an exhalation valve (i.e., button in the middle of the paper mask) also considered filtering facepieces? Yes. Filtering facepiece is a design criterion, not a type of respirator. Therefore, any respirator that meets the design would be considered a filtering facepiece. Obviously, the most common form of filtering facepiece is the disposable "dust mask."
I hope you find these answers address some of your questions. Give us a call or e-mail us (jcohen@thecohengroup.com) if you have any questions regarding respiratory protection.