Title of Rule and Other Identifying Information: Chapter 296-842 WAC, Respirators.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are responding to a Federal Register notice that OSHA updated their respirators' requirements for the controlled negative pressure REDON fit testing protocol. We are updating our rule to be identical to OSHA's rule.

     This rule was also reformatted recently. During that process some helpful information (not including requirements) was inadvertently deleted, so we are putting it back in. In addition there are some minor typos and language changes to make this rule consistent with other division of occupational safety and health (DOSH) rules.

     The proposed language in chapter 296-842 WAC will meet L&I's statutory mandate to be as-effective-as the federal equivalent.

     A previous expedited rule package was filed on March 31, 2009, for WSR 09-08-106. A stakeholder requested clarification of WAC 296-842-100 regarding when respirators are required, and that clarification is reflected in this new CR-105 filing package. Also, we added a clarifying exemption statement to WAC 296-842-16005 that training requirements do not apply when respirators are voluntarily used.

     Reasons Supporting Proposal: By law, L&I's DOSH is required to have laws at-least-as-effective-as OSHA.

     Statutory Authority for Adoption: RCW 49.17.050.

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is necessary because of federal law, 29 C.F.R. Subpart Z.

     Name of Proponent: L&I, DOSH, governmental.

     Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Steve Cant, Tumwater, (360) 902-5495.

June 30, 2009

Judy Schurke

Director

OTS-2183.7

AMENDATORY SECTION(Amending WSR 07-05-072, filed 2/20/07, effective 4/1/07)

WAC 296-842-100   Scope and application.   (1) Respirators are required whenever respiratory hazards (including oxygen-deficient conditions) are present. For example, use respirators at any of the following times:

     (a) While exposure controls are being evaluated or put in place;

     (b) When it is not feasible to use exposure controls to remove or reduce the airborne hazard to below the PEL.

     (2) This chapter applies ((to all use of)) whenever respirators are used at work.

     IMPORTANT:

     Before ((you decide to use)) using respirators, ((you)) employers are required to evaluate respiratory hazards and implement control methods as outlined in chapter 296-841 WAC, Airborne contaminants.

     The term "respiratory hazards" will be used throughout this chapter to refer to oxygen-deficient conditions and harmful airborne hazards.

     ((Definition:

     Respirators are a type of personal protective equipment designed to protect the wearer from respiratory hazards.))

     You ((can)) may use Table 1 for general guidance on which chapter sections apply ((to you)).

Table 1
Chapter sections that apply to your workplace

If employees...	Then the sections marked with an "X" apply...
	((105)) 10505	((110)) 11005	((120)) 12005	((130-210)) 13005	((220)) 14005	((300)) 15005 - 21005	22005	22010
Request and arepermitted to voluntarily use filtering-facepiece respirators, and are not exposed to a respiratory hazard		X				((X))
Request and are permitted to voluntarily use respirators that are NOT filtering-facepiece respirators, and are not exposed to a respiratory hazard	X	X			X	((X))	X
Are required to use any respirator by ((WISHA)) DOSH or the employer	X		X	X	X	X	X	X
Would use an escape respirator in an emergency	X		X	X	X	X	X	X

Reference:

See WAC 296-800-160, Personal protective equipment (PPE) to find requirements for other types of PPE such as eye, hand, and head protection.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-100, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-100, filed 10/1/03, effective 1/1/04.]

     (2) Air-line respirator means an atmosphere-supplying respirator for which breathing air is drawn from a source separate from and not worn by the user, such as:

     • A cylinder or a tank;

     • A compressor;

     • An uncontaminated environment.

     (3) Air supplied respirator (see air-line respirator).

     (4) Assigned protection factor (APF) indicates the workplace level of respiratory protection that a respirator or class of respirators is expected to provide to employees when you implement a continuing, effective respiratory protection program as specified by this chapter. For example, an effective program makes sure the respirator is:

     • Functioning properly;

     • Fitted to the user;

     • Worn by trained individuals; and

     • Used with the limitations specified on the NIOSH-approval label.

     (5) Atmosphere-supplying respirator means a respirator that supplies the user with breathing air from sources, such as:

     • A cylinder or a tank;

     • A compressor;

     • An uncontaminated environment.

     (6) Breathing air means air supplied to an atmosphere-supplying respirator. This air meets the specifications found in WAC 296-842-20005.

     (7) Canister or cartridge (air-purifying) is part of an air-purifying respirator that consists of a container holding materials such as fiber, treated charcoal, or a combination of the two, that removes contaminants from the air passing through the cartridge or canister.

     (8) Cartridge respirator (see also air-purifying respirator) means an air-purifying respirator equipped with one or more cartridges. These respirators have a facepiece made from silicone, rubber OR other plastic-like materials.

     (9) Demand respirator means an atmosphere-supplying respirator that sends breathing air to the facepiece only when suction (negative pressure) is created inside the facepiece by inhalation. Demand respirators are "negative pressure" respirators.

     (10) DOSH means the division of occupational safety and health, located in the department of labor and industries.

     (11) Dust mask is a name used to refer to filtering-facepiece respirators. Dust masks may or may not be NIOSH certified. See filtering facepiece.

     (12) Emergency respirator means a respirator suitable for rescue, escape, or other activities during emergency situations.

     (13) Emergency situation means any occurrence that could or does result in a significant uncontrolled release of an airborne contaminant. Causes of emergency situations include, but are not limited to, equipment failure, rupture of containers, or failure of control equipment.

     (14) End-of-service-life indicator (ESLI) is a system that warns the air-purifying respirator user that cartridges or canisters must be changed. An example of an ESLI is a dot on the respirator cartridge that changes color.

     (15) Escape-only respirator is a respirator that can only be used to exit during emergencies. Look for this use limitation on the respirator's NIOSH approval label.

     (16) Exposed, or exposure means the contact an employee has with a toxic substance, harmful physical agent, or oxygen deficient condition. Exposure can occur through various routes of entry, such as inhalation, ingestion, skin contact, or skin absorption.

     (17) Filter means fibrous material that removes dust, spray, mist, fume, fog, smoke particles, OR other aerosols from the air.

     (18) Filtering-facepiece respirator means a tight-fitting, half-facepiece, negative-pressure, particulate air-purifying respirator with the facepiece mainly composed of filter material. These respirators do not use cartridges or canisters and may have sealing surfaces composed of rubber, silicone or other plastic-like materials. They are sometimes referred to as "dust masks."

     (19) Fit factor is a number providing an estimate of fit for a particular respiratory inlet covering to a specific individual during quantitative fit testing.

     (20) Fit test (see also qualitative fit test and quantitative fit test) is an activity where the facepiece seal of a respirator is challenged, using a DOSH accepted procedure, to determine if the respirator provides an adequate seal.

     (21) Full-facepiece respirator means a tight-fitting respirator that covers the wearer's nose, mouth, and eyes.

     (22) Gas mask means an air-purifying respirator equipped with one or more canisters. These respirators have a facepiece made from silicone, rubber OR other plastic-like materials.

     (23) Half-facepiece respirator is a tight-fitting respirator that only covers the wearer's nose and mouth.

     (24) Helmet means the rigid part of a respirator that covers the wearer's head AND also provides head protection against impact or penetration.

     (25) High-efficiency particulate air filter (HEPA) is a powered air-purifying respirator (PAPR) filter that removes at least 99.97% of monodisperse dioctyl phthalate (DOP) particles with a mean particle diameter of 0.3 micrometer from contaminated air.

Note:

Filters designated, under 42 CFR Part 84, as an "N100," "R100," or "P100" provide the same filter efficiency (99.97%) as HEPA filters.

     (26) Hood is the part of a respirator that completely covers the wearer's head and neck AND may also cover some or all of the shoulders and torso.

     (27) Immediately dangerous to life or health (IDLH) means an atmospheric condition that would:

     • Cause an immediate threat to life; or

     • Cause permanent or delayed adverse health effects; or

     • Interfere with an employee's ability to escape.

     (28) Licensed health care professional (LHCP) means an individual whose legally permitted scope of medical practice allows him or her to provide some or all of the health care services required for respirator users' medical evaluations.

     (29) Loose-fitting facepiece is a respiratory inlet covering that is designed to form a partial seal with the face.

     (30) Negative-pressure respirator means any tight-fitting respirator in which the air pressure inside the facepiece is less than the air pressure outside the respirator during inhalation.

     (31) NIOSH is the National Institute for Occupational Safety and Health. NIOSH is the federal agency that certifies respirators for occupational use.

     (32) Oxygen deficient is an atmosphere with an oxygen content below 19.5% by volume.

     (33) Permissible exposure limits (PELs) are employee exposures to toxic substances or harmful agents that must not be exceeded. PELs are specified in applicable DOSH chapters.

     (34) Positive-pressure respirator means a respirator in which the air pressure inside the respiratory inlet covering is greater than the air pressure outside the respirator.

     (35) Powered air-purifying respirator (PAPR) means an air-purifying respirator equipped with a blower that draws ambient air through cartridges or canisters. These respirators, as a group, are not classified as positive pressure respirators and must not be used as such.

     (36) Pressure-demand respirator means a positive-pressure atmosphere-supplying respirator that sends breathing air to the respiratory inlet covering when the positive pressure is reduced inside the facepiece by inhalation or leakage.

     (37) Qualitative fit test (QLFT) is a test that determines the adequacy of respirator fit for an individual. The test relies on the employee's ability to detect a test substance. Test results are either "pass" or "fail."

     (38) Quantitative fit test (QNFT) is a test that determines the adequacy of respirator fit for an individual. The test relies on specialized equipment that performs numeric measurements of leakage into the respiratory inlet covering. Test results are used to calculate a "fit factor."

     (39) Required use is respirator use that:

     • Is necessary to protect employees from respiratory hazards; or

     • The employer decides to require for his or her own reasons. For example, the employer decides to follow more rigorous exposure limits.

     (40) Respirator is a type of personal protective equipment designed to protect the wearer from airborne contaminants, oxygen deficiency, or both.

     (41) Respiratory hazard means airborne hazards and oxygen deficiency that are addressed in chapter 296-841 WAC, Airborne contaminants.

     (42) Respiratory inlet covering is the part of a respirator that forms the protective barrier between the user's respiratory tract and an air-purifying device or breathing air source or both. The respiratory inlet covering may be a facepiece, helmet, hood, suit, or mouthpiece respirator with nose clamp.

     (43) Seal check means actions conducted by the respirator user each time the respirator is put on, to determine if the respirator is properly seated on the face.

     (44) Self-contained breathing apparatus (SCBA) is an atmosphere-supplying respirator designed for the breathing air source, to be carried by the user.

     (45) Service-life means the period of time that a respirator, filter or sorbent, or other respiratory equipment provides adequate protection to the wearer. For example, the period of time that sorbent cartridge is effective for removing a harmful substance from the air.

     (46) Sorbent means rigid, porous material, such as charcoal, used to remove vapor or gas from the air.

     (47) Supplied-air respirator (see air-line respirator).

     (48) Tight-fitting facepiece is a respiratory inlet covering forming a complete seal with the face OR neck. Mouthpiece respirators are not tight-fitting facepieces.

     (49) Voluntary use means respirator use that is requested by the employee and permitted by the employer when no respiratory hazard exists.

[]

Exemption:

You do not need to designate a program administrator if employees use only filtering-facepiece respirators and do so only as voluntary use.

     ((Definition:

     Voluntary use is respirator use that is requested by the employee AND permitted by the employer when NO respiratory hazard exists.))

     Designate a program administrator who has overall responsibility for your program and has sufficient training or experience to oversee program development, coordinate implementation, and conduct required evaluations of program effectiveness outlined in WAC 296-842-12005.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-10505, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-10505, filed 10/1/03, effective 1/1/04.]

     ((Definition:

     Voluntary use is respirator use that is requested by the employee AND permitted by the employer when NO respiratory hazard exists.))

     IMPORTANT:

     ((If you)) • Respirator use is not voluntary, and the required use sections of this chapter apply, if:

     – An employer chooses to require respirator use((, use is NOT voluntary and the required use sections of this chapter apply)).

     – A respiratory hazard, such as exposure to a substance over the permissible exposure limit (PEL) or hazardous exposure to an airborne biological hazard, is present. To evaluate respiratory hazards in your workplace, see chapter 296-841 WAC, Airborne contaminants.

     – Some requirements in this section do not apply if only filtering-facepiece respirators are used voluntarily.

     – Some filtering-facepiece respirators are equipped with a sorbent layer for absorbing "nuisance" organic vapors. These can be used for voluntary use, but are not NIOSH certified for protection against hazardous concentrations of organic vapor.

     (1) Make sure voluntary respirator use does NOT:

     (a) Interfere with an employee's ability to work safely, such as restricting necessary vision or radio communication;

     OR

     (b) Create health hazards.

    

Note:	Examples of health hazards include:
	• Skin irritation, dermatitis, or other health effects caused by using a dirty respirator.
	• Illness created by sharing contaminated respirators.
	• Health effects caused by use of an unsafe air supply, such as carbon monoxide poisoning.

     (2) Provide all voluntary respirator users with the advisory information in Table 2 at no cost to them.

((Note:

If you have provided employees with the advisory information required in the previous rule, WAC 296-62-07117, you do not need to provide the additional information in Table 2 to those employees.))

     (3) Develop and maintain a written program that includes the following:

((Exemption:

If employees use only filtering-facepiece respirators and do so only voluntarily, you do not need to develop and maintain a written program.))

     (a) Medical evaluation provisions as specified in WAC ((296-842-140)) 296-842-14005.

     (b) Procedures to properly clean and disinfect respirators, according to WAC 296-842-22015, if they are reused.

     (c) How to properly store respirators, according to WAC 296-842-17010, so that using them does not create hazards.

     (d) Procedures to make sure there is a safe air supply, according to WAC ((296-842-200)) 296-842-20010, when using air-line respirators and SCBAs.

     (e) Effective training to ensure respirator use does NOT create a hazard.

((Note:	• Pay for medical evaluations, training, travel related costs, and wages. You do NOT need to pay for respirators employees use only voluntarily.
	• If you have both voluntary and required respirator users, you may choose to treat voluntary users as required users. Doing this exceeds the requirements in this section.))

Exemption:

If employees use only filtering-facepiece respirators and do so only voluntarily, you do not need to develop and maintain a written program.

     (4) Use Table 2 to provide information to employees who voluntarily use any type of respirator.

Table 2

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-11005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-11005, filed 10/1/03, effective 1/1/04.]

     (2) Keep each employee's current fit test record, if fit testing is conducted, until the next fit test is administered. Fit test records must include:

     (a) Employee name;

     (b) Test date;

     (c) Type of fit-test performed;

     (d) Description (type, manufacturer, model, style, and size) of the respirator tested;

     (e) Results of fit tests, for example, for quantitative fit tests include the overall fit factor AND a print out, or other recording of the test.

     (3) Keep training records that include ((employee's)) employees' names and the dates trained.

     (4) Keep written recommendations from the LHCP.

Reference:

See chapter 296-802 WAC, Employee medical and exposure records, for additional requirements that apply to medical records.

     (5) Employers must allow affected employees and their representatives to examine and copy records required by this section ((to be examined and copied by affected employees and their representatives)).

((Reference:

See chapter 296-802 WAC, Employee medical and exposure records, for additional requirements that apply to medical records.))

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-12010, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-12010, filed 10/1/03, effective 1/1/04.]

Exemption:

This section does NOT apply to respirator use that is voluntary. See WAC 296-842-11005 for voluntary use program requirements.

     IMPORTANT:

     See chapter 296-841 WAC, Airborne contaminants, for:

     • Hazard evaluation requirements. Evaluation results are necessary for respirator selection.

     • References to substance-specific rules that may also apply to you and have additional respirator selection requirements. These references are found in the permissible exposure limit (PEL) table.

     A respirator shall be provided to each employee when such equipment is necessary to protect the health of the employee. Select and provide, at no cost to employees, appropriate respirators for routine use, infrequent use, and reasonably foreseeable emergencies (such as escape, emergency, and spill response situations) by completing the following process:

     Step 2: If the respiratory hazard is a biological aerosol, such as TB (tuberculosis), anthrax, psittacosis (parrot fever), or hanta virus, select a respirator appropriate for nonemergency activities recognized to present a health risk to workers AND skip to Step 8.

     • If respirator use will occur during emergencies, skip to Step 8 and document the analysis used to select the appropriate respirator.

     • Use Centers for Disease Control (CDC) selection guidance for exposures to specific biological agents when this guidance exists. Visit http://www.cdc.gov.

     Step 3: If the respiratory hazard is a pesticide, follow the respirator specification on the pesticide label AND skip to Step 9.

     Step 4: Determine the expected exposure concentration for each respiratory hazard of concern. Use the results from the evaluation required by chapter 296-841 WAC, Airborne contaminants.

     Step 5: Determine if the respiratory hazard is classified as IDLH; if it is NOT IDLH skip to Step 7.

     • The respiratory hazard IS classified as IDLH if:

     – The atmosphere is oxygen deficient or oxygen enriched;

     OR

     – You CANNOT measure or estimate your expected exposure concentration;    

     OR

     – Your measured or estimated expected exposure concentration is greater or equal to the IDLH value in the NIOSH Pocket Guide to Chemical Hazards.

Note:	((• WISHA)) DOSH uses the IDLH values in the 1990 edition of the NIOSH Pocket Guide to Hazardous Chemicals to determine the existence of IDLH conditions. You may use more recent editions of this guide. Visit www.cdc.gov/niosh for more information.
	((• If your measured or estimated expected exposure concentration is below NIOSH's IDLH values, proceed to Step 7.))

     Step 6: Select an appropriate respirator from one of the following respirators for IDLH conditions and skip to Step 8:

     • Full-facepiece, pressure demand, self-contained breathing apparatus (SCBA) certified by NIOSH for a minimum service life of thirty minutes;

     OR

     • Full-facepiece, pressure demand air-line respirator equipped with an auxiliary self-contained air supply.

Exception:

If the respiratory hazard is oxygen deficiency AND you can show oxygen concentrations can be controlled within the ranges listed in Table 4 under ALL foreseeable conditions, you are allowed to select ANY type of SCBA or air-line respirator:

Table 4
Concentration Ranges for Oxygen Deficiency

Note:	• ((The helpful tool)) Appendix B, using assigned protection factors (APFs) for respirator selection, found in ((the resource section of)) this chapter, ((utilizes)) uses the hazard-ratio approach established by ANSI Z88.2-1992 to determine which respirator types can provide a sufficient level of protection.
	• If no permissible exposure limit (PEL) is established for an airborne contaminant, use relevant available information and informed professional judgment to determine an acceptable exposure limit value to use for calculating hazard ratios. For example, you may use exposure limit values established by the American Conference of Governmental Industrial Hygienists (((ACGHI) [(ACGIH)])) (ACGIH).

     Step 8: Consider hazards that could require selection of specific respirator types. For example, select full-facepiece respirators to prevent eye irritation or abrasive blasting helmets to provide particle rebound protection.

Note:

Rules for specific substances have additional selection specifications that apply to escape and other types of respirators. Make sure you follow those additional requirements before finalizing your selection.

     Step 9: Evaluate user and workplace factors that might compromise respirator performance, reliability or safety.

     Examples:

     • High humidity or temperature extremes in the workplace.

     • Necessary voice communication.

     • High traffic areas and moving machinery.

     • If respirator use is for escape only, follow this step and then skip to Step 11.

     • If the respiratory hazard is a pesticide, follow the requirements on the pesticide label and skip to Step 11.

     • Time or distance for escape.

     Step 10: Follow Table 6 requirements to select an air-purifying respirator.

     • If Table 6 requirements cannot be met, you must select an appropriate air-line respirator or an SCBA.

     Step 11: Make sure respirators you select are certified by the National Institute for Occupational Safety and Health (NIOSH).

     • Respirators provided exclusively for escape from IDLH atmospheres must be NIOSH-certified for escape from the atmosphere in which they will be used.

     • To maintain certification, make sure the respirator is used according to cautions and limitations specified on the NIOSH approval label. This includes manufacturer restrictions on cartridges and canisters.

Note:

While selecting respirators, you will need to select a sufficient number of types, models or sizes to provide for fit testing. You can also consider other respirator use issues, such as accommodating facial hair with a loose fitting respirator.

     Use Table 5 to identify the assigned protection factor for different types of respirators.

     • These assigned protection factors are only effective when the employer implements a continuing, effective respirator program as required by this chapter, including training, fit testing, maintenance, and use requirements.

     • You may select respirators assigned for use in higher workplace concentrations of a hazardous substance for use at lower concentrations of that substance, or when required use is independent of concentration.

Table 5
Assigned Protection Factors (APF) for Respirator Types

     Use Table 6 to select air-purifying respirators for particle, vapor, or gas contaminants.

Table 6
Requirements for Selecting Any Air-purifying Respirator

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-13005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-13005, filed 10/1/03, effective 1/1/04.]

Exemption:	This section does not apply to employees who only use:
	• Filtering-facepiece respirators voluntarily. See WAC 296-842-11005 for voluntary use requirements; or
	• Escape-only respirators that are mouthpiece, loose-fitting, or hooded respirators.

     IMPORTANT:

     • If ((you have provided)) an employee has been provided with a medical evaluation addressing respirator use, as required by another chapter, that evaluation will meet the requirements of this section.

     • Using a respirator can create physical risks for an employee each time it is worn. The extent of these risks depends on these factors:

     – Type of respirator;

     – Environmental conditions at the worksite;

     – Physical demands of the work;

     – Use of the protective clothing;

     – Employee's health status.

     Follow the medical evaluation process, Steps 1 through 7 in this section, to provide medical evaluations for employees at no cost to them.

     • Are required to use respirators;

     OR

     • Voluntarily use respirators that are not filtering-facepiece respirators.

Note:	You may use a previous employer's medical evaluation for an employee if you can:
	• Show the employee's previous work and use conditions were substantially similar to yours;
	AND
	• Obtain a copy of the licensed health care professional's (LHCP's) written recommendation approving the employee's use of the respirator chosen by you.

     Step 2: Identify a licensed health care professional (LHCP) to perform your medical evaluations.

Note:

If you select a different LHCP, you do not need to have new medical evaluations done.

     Step 3: Make sure your LHCP has the following information before the evaluation is completed:

     • Information describing the respirators employees may use, including the weight and type.

     • How the respirators will be used, including:

     – How often the respirator will be used, for example, daily, or once a month;

     – The duration of respirator use, for example, a minimum of one hour, or up to twelve hours;

     – The employee's expected physical work effort;

     – Additional personal protective clothing and equipment to be worn;

     – Temperature and humidity extremes expected during use;

     • A copy of your written respiratory protection program and this chapter.

Note:	• You may choose to send the questionnaire to the LHCP ahead of time, giving time to review it and add any necessary questions.
	• The LHCP determines what questions to add to the questionnaire, if any; however, questions in Parts 1-3 may not be deleted or substantially altered.

     Step 4: Administer the medical questionnaire in WAC 296-842-22005 to employees, OR provide them a medical exam that obtains the same information.

Note:

You may use on-line questionnaires if the questions are the same and requirements of this section are met.

     • Administer the examination or questionnaire at no cost to employees:

     – During the employee's normal working hours;

     OR

     – At a time and place convenient to the employee.

     • Maintain employee confidentiality during examination or questionnaire administration:

     – Do not view employee's answers on the questionnaire;

     – Do not act in a manner that may be considered a breach of confidentiality.

Note:

Providing confidentiality is important for securing successful medical evaluations. It helps make sure the LHCP gets complete and dependable answers on the questionnaire.

     • Make sure employees understand the content of the questionnaire.

     • Provide the employee with an opportunity to discuss the questionnaire or exam results with the LHCP.

     Step 5: Provide follow-up evaluation for employees when:

     • The LHCP needs more information to make a final recommendation;

     OR

     • An employee gives any positive response to questions 1-8 in Part 2 OR to questions 1-6 in Part 3 of the ((WISHA)) DOSH medical evaluation questionnaire in WAC 296-842-22005.

Note:	Follow-up may include:
	• Employee consultation with the LHCP such as a telephone conversation to evaluate positive questionnaire responses;
	• Medical exams;
	• Medical tests or other diagnostic procedures.

     Step 6: Obtain a written recommendation from the LHCP that contains only the following medical information:

     • Whether or not the employee is medically able to use the respirator;

     • Any limitations of respirator use for the employee;

     • What future medical evaluations, if any, are needed;

     • A statement that the employee has been provided a copy of the written recommendation.

     Step 7: Provide a powered, air-purifying respirator (PAPR) when the LHCP determines the employee should not wear a negative-pressure air-purifying respirator AND is able to wear a PAPR.

Reference:

See WAC ((296-842-130)) 296-842-13005 for requirements regarding selection of air-purifying respirators.

Note:	• You may discontinue medical evaluations for an employee when the employee no longer uses a respirator.
	• If you have staff conducting your medical evaluations, they may keep completed questionnaires and findings as confidential medical records, if they are maintained separately from other records.

     Use Table 7 to determine medical evaluation frequency.

Table 7
Evaluation Frequency

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-14005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-14005, filed 10/1/03, effective 1/1/04.]

Exemption:	This section does not apply to any respirators that are:
	• Voluntarily used. See WAC 296-842-11005 for voluntary use requirements.
	• Mouthpiece respirators and other escape-only respirators.
	• Loose-fitting respirators.

     IMPORTANT:

     • Fit testing is an activity where the seal of a respirator is tested to determine if it's adequate.

     • This section covers general requirements for fit testing. Specific fit testing procedures are covered in WAC 296-842-22010.

     (1) Provide, at no cost to the employee, fit tests for ALL tight fitting respirators on the following schedule:

     (a) Before employees are assigned duties that may require the use of respirators;

     (b) At least every twelve months after initial testing;

     (c) Whenever any of the following occurs:

     ▪ A different respirator facepiece is chosen such as a different type, model, style, or size;

     ▪ You become aware of a physical change in an employee that could affect respirator fit. For example, you may observe, or be told about, facial scarring, dental changes, cosmetic surgery, or obvious weight changes;

     ▪ An employee notifies you, or your LHCP, that the respirator fit is unacceptable. During the retest, you must give an employee reasonable opportunity to select a different respirator facepiece (size, model, etc.).

Note:	You may accept a fit test completed by a previous employer IF:
	• You obtain written documentation of the fit test;
	AND
	• The results of the fit test are not more than twelve months old;
	AND
	• The employee will use the same respirator (the same type, model, style, and size);
	AND
	• The fit test was conducted in a way that meets the requirements of WAC ((296-842-150)) 296-842-15005 and 296-842-22010.

     (2) Select and use an appropriate fit-testing procedure from WAC 296-842-22010 of this chapter.

     (3) Use quantitative fit-test methods when a negative pressure respirator will be used in concentrations requiring a protection factor greater than 10. This includes:

     ▪ Full facepiece air-purifying respirators;

     ▪ SCBAs operated in demand (negative pressure) mode;

     ▪ Air-line respirators operated in demand mode.

     (4) Make sure tight-fitting PAPRs, SCBAs, or air-line respirators are fit tested in negative-pressure mode. This must be done by either:

     (a) Temporarily converting the respirator user's actual facepiece into a negative pressure respirator using the appropriate filters;

     OR

     (b) Using an identical negative pressure air-purifying respirator facepiece as a surrogate for the SCBA, air-line or PAPR. The surrogate facepiece must have the same sealing surfaces as the SCBA, air-line, or PAPR.

     Remove any modifications made to the respirator facepiece for fit testing and return the facepiece to the NIOSH approved configuration before the facepiece is used in the workplace.

     (5) Make sure the person conducting fit testing is able to do ALL of the following:

     (a) Prepare test solutions if required;

     (b) Make sure equipment works properly;

     (c) Perform tests properly;

     (d) Recognize invalid tests;

     (e) Calculate fit factors properly if required.

Note:	• No specific training program or certification is required for those who conduct fit tests.
	• You should consider evaluating these individuals to determine their proficiency in the fit-testing method to be used.
	• You can use an evaluation form such as the form included in the American National Standard for Respirator Fit Testing Methods, ANSI/AIHA Z88.10-2001 to determine if the individual meets these requirements. Visit www.ansi.org or www.aiha.org.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-15005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-15005, filed 10/1/03, effective 1/1/04.]

     (a) Use respirators

     (b) Supervise respirator users

     (c) Issue, repair, or adjust respirators

     (2) Present effective training in a way that employees understand.

Note:	• Training may be provided using audiovisuals, slide presentations, formal classroom instruction, informal discussions during safety meetings, training programs conducted by outside sources, or a combination of these methods.
	• You may want to have instructors available when using video or automated training methods to:
	– Encourage and provide responses to questions for the benefit of employees
	– Evaluate employees' understanding of the material
	– Provide other instructional interaction to employees.

     (3) Make sure a qualified instructor provides training

     (4) Provide training, at no cost to the employee, at these times:

     (a) Initially, before worksite respirator use begins

     (b) Periodically, within twelve months of the previous training

     (c) Additionally, when the following occur:

     ▪ The employee has not retained knowledge or skills

     OR

     ▪ Changes in the worksite, or type of respirator make previous training incomplete or obsolete.

Note:	• You may accept an employee's previous training, such as training provided by another employer, to satisfy the initial training requirement if:
	– You can demonstrate the employee received training within the past twelve months
	AND
	– The employee can demonstrate the knowledge and skills to use required respirators effectively.
	• If you accept an employee's previous training to satisfy the initial training requirement, you are still responsible for providing periodic, and additional training when needed. Periodic training would need to be provided within twelve months of the employee's previous training.

     (5) Make sure employees can demonstrate the following knowledge and skills as required by their duties:

     (a) Why the respirator is necessary. Include, for example, information identifying respiratory hazards such as hazardous chemicals, the extent of the employee's exposure, and potential health effects and symptoms

     (b) The respirator's capabilities and limitations. Include, for example, how the respirator provides protection and why air-purifying respirators cannot be used in oxygen-deficient conditions

     (c) How improper fit, use, or maintenance can compromise the respirator's effectiveness and reliability

     (d) How to properly inspect, put on, seal check, use, and remove the respirator

     (e) How to clean, disinfect, repair, and store the respirator, or how to get this done by someone else

     (f) How to use the respirator effectively in emergency situations; including what to do when a respirator fails and where emergency respirators are stored

     (g) Medical signs and symptoms that may limit or prevent the effective use of respirators such as shortness of breath or dizziness

     (h) The employer's general obligations under this chapter. For example, developing a written program, selecting appropriate respirators, and providing medical evaluations.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-16005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-16005, filed 10/1/03, effective 1/1/04.]

     IMPORTANT:

     • This section applies to employees who voluntarily use respirators only when maintenance is necessary to prevent the respirator from creating a hazard. See WAC 296-842-11005 for voluntary use requirements.

     (1) Make sure respirators are kept, at no cost to the employee, clean, sanitary and in good working order.

     (2) Clean and disinfect respirators as often as specified in Table 8 of this section.

Note:	• Use required cleaning and disinfecting procedures in WAC 296-842-22015, or the manufacturer's procedures that:
	– Result in a clean and sanitary respirator;
	– Do not damage the respirator;
	– Do not harm the user.
	• Automated cleaning and disinfecting are permitted.
	• Cleaning and disinfecting may be done by a central facility as long as you make sure respirators provided are clean, sanitary, and function properly.

     (3) Make sure respirators are assembled properly after cleaning or disinfecting.

Table 8
Required Frequencies for Cleaning and Disinfecting Respirators

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-17005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-17005, filed 10/1/03, effective 1/1/04.]

Exemption:

This section does not apply to respirator use that is voluntary. See WAC 296-842-11005 for voluntary use program requirements.

     (1) Make sure employees use the procedure in WAC 296-842-22020 to perform a user seal check each time they put on their tight-fitting respirator.

     (2) Make sure you do NOT permit respirator use if employees have a characteristic that interferes with the respirator facepiece seal or valve function. For example, stubble, moustaches, sideburns, bangs, hairlines, or scars between the face and the sealing surface of the respirator will affect the seal.

     (3) Make sure corrective glasses or personal protective equipment (PPE) do NOT interfere with the facepiece seal. Examples of PPE include safety glasses, goggles, faceshields, clothing, and hard hats.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-18005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-18005, filed 10/1/03, effective 1/1/04.]

     IMPORTANT:

     ((WISHA)) DOSH currently uses the IDLH values in the 1990 NIOSH Pocket Guide to Chemical Hazards to determine the existence of IDLH conditions. You may use more recent editions of this guide. Visit www.cdc.gov/niosh for more information.

     (1) Provide at least two standby employees outside the IDLH area.

Note:	You need only one standby employee if the IDLH condition is well characterized, will remain stable AND you can show one employee can adequately do ALL of the following:
	• Monitor employees in the IDLH area;
	• Implement communication; and
	• Initiate rescue duties.

     (2) Train and equip standby employees to provide effective emergency rescue. Equip them with:

     (a) A pressure-demand SCBA or a pressure-demand air-line respirator with an auxiliary SCBA, for each standby employee;

     (b) Appropriate retrieval equipment, when it would help with the effective rescue of the entrant, or an equivalent means of rescue.

     (3) Make sure standby employees maintain visual, voice, or signal line communication with employees in the IDLH area.

     (4) Make sure that in the event of an emergency:

     (a) Standby employees notify you or your designee before they enter the IDLH area to provide emergency rescue;

     (b) You provide necessary assistance when notified.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-19005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-19005, filed 10/1/03, effective 1/1/04.]

Note:	• You may use a physical exam instead of this questionnaire if the exam covers the same information as the questionnaire.
	• You may use on-line questionnaires if the questions are the same and the requirements in WAC ((296-842-140)) 296-842-14005 of this chapter are met.
	• You may choose to send the questionnaire to the LHCP ahead of time, giving time to review it and add any necessary questions.
	• The LHCP determines what questions to add to the questionnaire, if any; however, questions in Parts 1-3 may not be deleted or substantially altered.

Table 10

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-22005, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-22005, filed 10/1/03, effective 1/1/04.]

     IMPORTANT:

     • This section contains procedural requirements that apply during actual fit testing.

     • See WAC 296-842-15005 of this chapter for fit-testing requirements that apply to your overall program.

Exemptions:	This section does NOT apply to employees who:
	• Voluntarily use respirators;
	OR
	• Are required to use mouthpiece respirators.

     (1) Follow the procedure in Table 11 to choose a respirator for fit testing:

     (a) Prior to conducting fit tests;

     AND

     (b) Any time your employee must select a different respirator such as when a previously selected respirator fails a test.

     (2) Select and follow at least one of the following fit test procedures:

     (a) Qualitative fit-test procedures:

     ♦ Isoamyl acetate vapor (IAA, banana oil) in Table 12;

     ♦ Saccharine aerosol in Table 13;

     ♦ Bitrex™ aerosol in Table 14;

     ♦ Irritant smoke in Table 15.

     (b) Quantitative fit-test procedures:

     ♦ Ambient aerosol condensation nuclei counter such as the Portacount™, in Table 16;

     ♦ Controlled negative pressure (CNP) such as the FitTester 3000™, in Table 17;

     ♦ Generated aerosol in Table 18.

     (3) Make sure employees perform the appropriate fit-test exercises listed in Table 19.

     (4) Clean and maintain equipment according to the manufacturer's instructions.

     (5) Make sure during fit testing employees wear any safety equipment that could:

     (a) Interfere with respirator fit;

     AND

     (b) Be worn in the workplace. For example, chemical splash goggles.

     (6) Check, prior to fit testing, for conditions that may interfere with the respirator seal or valve functions. If you find such conditions, do NOT conduct fit testing for that individual.

Note:	Examples of conditions that may interfere with the respirator seal or valve functions include:
	• Moustache, stubble, sideburns, bangs, hairline, and other types of facial hair in areas where the respirator facepiece seals or that interfere with valve function.
	• Temple bars of corrective eyewear or headgear that extend through the face seal area.

     (7) Follow the appropriate fit test exercises in Table 19 as indicated.

Table 11

Table 12

Table 13

Table 14

Table 15

Table 16

Table 17

Table 18

Table 19

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-22010, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-22010, filed 10/1/03, effective 1/1/04.]

     IMPORTANT:

     • User seal checks are NOT a substitute for fit tests. See WAC 296-842-22010 for fit test procedures.

     • You may use a seal check procedure recommended by the respirator manufacturer INSTEAD of the procedure outlined in Table 21 if you can demonstrate the procedure is based on a scientific study that, for example, demonstrates the procedure effectively identifies respirators that fit poorly when put on or adjusted.

     ((Make sure employees perform a user seal check as outlined in Table 21, EACH TIME the respirator is worn, to make sure the seal is adequate.))

Table 21

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 07-05-072, § 296-842-22020, filed 2/20/07, effective 4/1/07; 03-20-114, § 296-842-22020, filed 10/1/03, effective 1/1/04.]

     The following sections of the Washington Administrative Code are repealed:

WAC 296-842-110	Voluntary respirator use requirements.
WAC 296-842-300	Definitions.

© Washington State Code Reviser's Office