Title of Rule: Chapter 296-62 WAC, General occupational health standards.

Purpose: Chapter 296-62 WAC, Part E, Respiratory protection rules, describe an employer's responsibilities for protecting employees from occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, vapors, or aerosols. On September 1, 1999, the newly revised standard became effective. Six months later, WISHA conducted a stakeholder usability survey to determine if the standard was written clearly. From responses to the survey and an internal review, several places were identified where the rule was not written clearly and could possibly lead to noncompliance. Therefore, WISHA will make some minor wording changes to clarify the language. There will be no changes in requirements so the "expedited" rule adoption will be used.

     GENERAL INSTRUCTIONS: General occupational health standards, chapter 296-62 WAC, Part E, Respiratory protection:

WAC 296-62-07105 Definitions.

•	Added descriptive words to improve clarity and better define "filtering facepiece."
•	Added the definition of "dust mask" to improve clarity.
•	Added descriptive words to better define "respirator" and improve clarity.
•	No additional compliance requirements are being established.

WAC 296-62-07117 What must you do when employees choose to wear respirators when respirators are not required?

•	Modified the wording to WAC 296-62-07117(3) to improve clarity and understanding that medical evaluations are not necessary when dust masks are voluntarily used.
•	No additional compliance requirements are being established.

WAC 296-62-07131 What else must you consider when selecting a respirator for use in atmospheres that are not IDLH?

•	Added guidance on how to use an assigned protection factor.
•	Clarified that APF values in Table 1 only apply when contaminant-specific standards do not address selection.
•	Added "sorbent cartridges or canisters" to "HEPA filters in Table 1, Powered Air-Purifying Respirators (PAPRs)" categories. The descriptive wording was inadvertently omitted from the category.
•	No additional compliance requirements are being established.

WAC 296-62-07150 What are the general requirements for medical evaluations?

•	Added wording and reformatted the subsection to clarify when medical evaluations are not required.
•	No additional compliance requirements are being established.

WAC 296-62-07155 What must be included in the PLHCP's written recommendation?

•	Changed the word "follow-up" to "periodic future" for clarity.
•	No additional compliance requirements are being established.

WAC 296-62-07156 When are additional medical evaluations required?

•	Changed the wording "additional medical" to "future medical" evaluations to improve clarity.
•	Added "PLHCP recommends that an employee be reevaluated at a set interval" to clarify when future medical evaluations are provided.
•	No additional compliance requirements are being established.

WAC 296-62-07162 How must fit testing be done?

•	Added wording for clarity to better describe the use of negative pressure respirator in concentrations equal to or greater than ten times the PEL.
•	No additional compliance requirements are being established.

WAC 296-62-07190 When must your employees be trained?

•	Corrected a reference, WAC 296-62-07132 to 296-62-07172, for accuracy.
•	No additional compliance requirements are being established.

WAC 296-62-07201 Appendix A-1: General fit testing requirements for respiratory protection -- Mandatory.

•	Added the word "Appendices" as a title in the index to delineate the "Recordkeeping" (WAC 296-62-07194) section from the "Appendix" (WAC 296-62-07201) section.
•	No additional compliance requirements are being established.

WAC 296-62-07255 Appendix C: WISHA respirator medical evaluation questionnaire -- Mandatory.

•	Added the word "filtering facepiece" and removed the word "disposable" from Question 11 in Part A, Section 1, of the medical questionnaire to improve clarity.
•	No additional compliance requirements are being established.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

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

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 296-62 WAC, Part E, Respiratory protection, became effective on September 1, 1999. Six months later, WISHA conducted a stakeholder usability survey to determine if the standard was written clearly. From responses to the survey and an internal review, several places were identified where the rule was not written clearly and could possibly lead to noncompliance. Therefore, WISHA will make some minor wording changes to clarify the language. There will be no changes in requirements so the "expedited" rule adoption will be used.

Proposal Changes the Following Existing Rules: Approximately six months after the promulgation of chapter 296-62 WAC, Part E, Respiratory protection, the department conducted a usability survey via a questionnaire to approximately 5,000 stakeholders. Based on the responses to the survey, changes are being proposed to clarify certain areas of the rule. Additionally, an internal review was also conducted and several other areas will also be updated for the sake of clarity. No additional requirements will be created.

August 2, 2000

Gary Moore

Director

OTS-4129.3

AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-07105
Definitions.

The following definitions are important terms used in this part.

     Aerosol means a suspension of liquid or solid particles in air.

     Air-purifying respirator means a respirator with an air-purifying filter, cartridge, or canister that removes specific air contaminants by passing ambient air through the air-purifying element.

     Assigned protection factor (APF) is the expected level of workplace respiratory protection provided by a properly functioning respirator worn by properly fitted and trained individuals. It describes the ratio of the ambient concentration of an airborne substance to the concentration of the substance inside the respirator.

     Atmosphere-supplying respirator means a respirator that supplies the respirator user with breathing air from an uncontaminated source, and includes supplied-air respirators (SARs) and self-contained breathing apparatus (SCBA) units.

     Canister or cartridge (air-purifying) means a container with a filter, sorbent, or catalyst, or any combination of these materials, which removes specific contaminants from the air drawn through it.

     Canister (oxygen-generating) means a container filled with a chemical that generates oxygen by chemical reaction.

     Demand respirator means an atmosphere-supplying respirator that admits breathing air to the facepiece only when suction is created inside the facepiece by inhalation.

     Dust means a solid, mechanically-produced particle with sizes varying from submicroscopic to visible.      See WAC 296-62-07001(1).

     Dust mask means a type of filtering facepiece respirator. See the definition for "filtering facepiece."

     Emergency situation means any occurrence that may or does result in an uncontrolled significant 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.

     Employee exposure means exposure to a concentration of an airborne contaminant that would occur if the employee were not using respiratory protection.

     End-of-service-life indicator (ESLI) means a system that warns the respirator user of the approach of the end of adequate respiratory protection: For example, that the sorbent is approaching saturation or is no longer effective.

     Escape-only respirator means a respirator intended to be used only for emergency exit.

     Filter or air-purifying element means a component used in respirators to remove solid or liquid aerosols from the air when it is breathed.

     Filtering facepiece (dust mask) means a tight-fitting, half-face, negative pressure, particulate respirator ((with a filter as an integral part of the)) having a facepiece ((or with the entire facepiece)) entirely or completely composed of ((the filtering medium)) filter material without attached cartridges or canisters.

     Fit factor means a quantitative estimate of the fit of a particular respirator to a specific individual, and typically estimates the ratio between the measured concentration of a substance in ambient air to its concentration inside the respirator when worn.

     Fit test means the use of an accepted protocol to qualitatively or quantitatively evaluate the fit of a respirator on an individual (see also Qualitative fit test QLFT and Quantitative fit test QNFT).

     Fog means a mist of sufficient concentration to perceptibly obscure vision.

     Full facepiece means a respirator that covers the wearer's nose, mouth, and eyes.

     Fume means a solid condensation particle of extremely small particle size, generally less than one micrometer in diameter.      See WAC 296-62-07001(2).

     Half facepiece means a respirator that covers the wearer's nose and mouth.

     Helmet means the rigid portion of a respirator that also provides protection against impact or penetration.

     High-efficiency particulate air filter (HEPA) means a filter that removes from air 99.97% or more of monodisperse dioctyl phthalate (DOP) particles having a mean particle diameter of 0.3 micrometer.

     Hood means the portion of a respirator that completely covers the head and neck; may also cover portions of the shoulders and torso.

     Immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere.

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

     Mist means a liquid condensation particle with sizes ranging from submicroscopic to visible.      See WAC 296-62-07001(4).

     Negative pressure respirator means a tight-fitting respirator in which the air pressure inside the facepiece is lower than the ambient air pressure outside the respirator during inhalation.

     Nonroutine respirator use means wearing a respirator when carrying out a special task that occurs infrequently.

     Odor threshold limit means the lowest concentration of a contaminant in air that can be detected by smell.

     Oxygen deficient atmosphere means an atmosphere with an oxygen content below 19.5% by volume.

     Particulate means a solid or liquid aerosol such as: Dust, fog, fume, mist, smoke, or spray.     

     Permissible exposure limit (PEL) means the legally established time-weighted average (TWA) concentration or ceiling concentration of a contaminant that must not be exceeded.

     Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (for example, license, registration, or certification) allows him or her to independently provide, or be delegated the responsibility to provide, some or all of the health care services required in WAC 296-62-07150 through 296-62-07156.

     Positive-pressure respirator means a respirator in which the air pressure inside the respiratory-inlet covering exceeds the ambient air pressure outside the respirator.

     Powered air-purifying respirator (PAPR) means an air-purifying respirator that uses a blower to force the ambient air through air-purifying elements to the inlet covering.

     Pressure demand respirator means a positive pressure atmosphere-supplying respirator that admits breathing air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation or leakage.

     Qualitative fit test (QLFT) means a pass/fail fit test that relies on the individual's response to the test agent to assess the adequacy of respirator fit for an individual.

     Quantitative fit test (QNFT) means an assessment of the adequacy of respirator fit for an individual by numerically measuring the amount of leakage into the respirator.

     Respirable      means air that is suitable for breathing.

     Respirator means a device, which may or may not be certified by NIOSH, designed to protect the wearer from breathing harmful atmospheres.

     Respiratory-inlet covering      means that portion 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.      It may be a facepiece, helmet, hood, suit, or mouthpiece respirator with nose clamp.

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

     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 an air-purifying device is effective for removing a harmful substance from air when it is breathed.

     Smoke means a system that includes the products of combustion, pyrolysis, or chemical reaction of substances in the form of visible and invisible solid and liquid particles and gaseous products in air.      Smoke is usually of sufficient concentration to perceptibly obscure vision.

     Sorbent is the material contained in a cartridge or canister that removes gases and vapors from the inhaled air.

     Spray means a liquid, mechanically-produced particle with sizes generally in the visible.

     Supplied-air respirator (SAR) or airline respirator means an atmosphere-supplying respirator for which the source of breathing air is drawn from a separate, stationary system or an uncontaminated environment.

     Tight-fitting facepiece means a respiratory inlet covering that forms a complete seal with the face.

     Time-weighted average (TWA) means the average concentration of a contaminant in air during a specific time period.

     User seal check means an action conducted by the respirator user to determine if the respirator is properly seated to the face.

     Valve (air or oxygen) means a device that controls the pressure, direction, or rate of flow of air or oxygen.

     Window indicator means a device on a cartridge or canister that visually denotes the service life of the cartridge or canister.

     You means the employer or the employer's designee except in WAC 296-62-07117(2) "Important Information About Voluntary Use of Respirators" when you refers to the employee.

     Your refers to the employer or the employer's designee except in WAC 296-62-07117(2) "Important Information About Voluntary Use of Respirators" when your refers to the employee.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07105, filed 5/4/99, effective 9/1/99.      Statutory Authority: Chapter 49.17 RCW.      95-04-007, § 296-62-07105, filed 1/18/95, effective 3/1/95; 94-15-096 (Order 94-07), § 296-62-07105, filed 7/20/94, effective 9/20/94; 93-19-142 (Order 93-04), § 296-62-07105, filed 9/22/93, effective 11/1/93; 91-24-017 (Order 91-07), § 296-62-07105, filed 11/22/91, effective 12/24/91.      RCW 49.17.040, 49.17.050 and 49.17.240.      81-16-016 (Order 81-19), § 296-62-07105, filed 7/27/81.]

(1) You may provide respirators at the request of employees or permit employees to use their own respirators, if you determine that such respirator use will not in itself create a hazard.

     (2) If you determine that any voluntary respirator use is permissible, you must provide the respirator users with the following information:

     (3) ((In addition)) No respiratory protection program is required when filtering-facepiece respirators are the only respirator used and they are used voluntarily. When any other type of respirator is used voluntarily, you must establish, implement, and pay for ((those elements of)) a written ((respiratory protection)) program ((necessary to make sure)) that covers:

•	((Any employee using a respirator voluntarily is medically able to use that respirator, and that)) Medical evaluations.
•	((The respirator is cleaned, stored,)) Cleaning, storage and ((maintained so that its use does not present a health hazard to the user)) maintenance related program elements.

((EXCEPTION:

You 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 (for example, dust masks).))

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07117, filed 5/4/99, effective 9/1/99.      Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240.      81-16-016 (Order 81-19), § 296-62-07117, filed 7/27/81.]

(1) You must provide a respirator that is adequate to protect the health of the employee and ensure compliance with all other WISHA statutory and regulatory requirements for routine, nonroutine, and reasonably foreseeable emergency and rescue situations.

     (2) You must use the assigned protection factors (APFs) in Table 1 when selecting respirators.

Note:

The APF values listed in Table 1 do not apply when respirator selection is specified by other applicable standards (e.g., asbestos, lead standards in chapter 296-62 WAC).

Table 1 -- Assigned Protection Factors

^b If the air contaminant causes eye irritation, the wearer of a respirator equipped with a quarter-mask or half-mask facepiece or mouthpiece and nose clamp must be permitted to use a protective goggle or to use a respirator equipped with a full facepiece. Mouthpiece and nose clamp respirators are approved by NIOSH only for escape from IDLH atmospheres.

     (3) The respirator selected must be appropriate for the chemical state and physical form of the contaminant.

     (4) For protection against gases and vapors, you must provide an atmosphere-supplying respirator or an air-purifying respirator, provided that:

     • The respirator is equipped with an end-of-service-life indicator (ESLI) certified by NIOSH for the contaminant; or

     • If there is no ESLI appropriate for the conditions in your workplace, you must implement a change schedule for canisters and cartridges that is based on objective information or data that will make sure that canisters and cartridges are changed before the end of their service life. Your respirator program must describe:

⧫	The information and data relied upon; and
⧫	The basis for the canister and cartridge change schedule; and
⧫	The basis for reliance on the data.

     (5) For protection against particulates, you must provide:

     • An atmosphere-supplying respirator; or

     • An air-purifying respirator equipped with a filter certified by NIOSH under 30 CFR Part 11 as a high efficiency particulate air (HEPA) filter, or an air-purifying respirator equipped with a filter certified for particulates by NIOSH under 42 CFR Part 84; or

     • An air-purifying respirator equipped with any filter certified for particulates by NIOSH for contaminants consisting primarily of particles with mass median aerodynamic diameters (MMAD) of at least 2 micrometers; or

     • For filters to be changed as required in WAC 296-62-07171(4).

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07131, filed 5/4/99, effective 9/1/99.]

Before an employee is fit tested or required to use a respirator in the workplace, you must provide a medical evaluation to determine the employee's ability to use a respirator. Medical evaluations are not required:

     • When the only respirators used are filtering facepiece respirators that are used voluntarily under WAC 296-62-07117; or

     • When the only respirators used are loose fitting escape-only respirators.

     You may rely upon a previous employer's medical evaluation, if you can show that:

     • You have been provided with a copy of the written recommendation as required in WAC 296-62-07155 from the PLHCP approving the employee to use the respirator chosen; and

     • The previous working conditions, which required respirator use as detailed in WAC 296-62-07154(1), are substantially similar to yours.

     ((Exception: If an employee uses no other respirator than an escape-only respirator, medical evaluations are not required. This exception does not apply to respirators with tight-fitting facepieces (such as, gas masks).))

     Steps necessary for completing a medical evaluation:

     • You identify a PLHCP (WAC 296-62-07151);

     • You provide information to the PLHCP (WAC 296-62-07152);

     • PLHCP reviews information and determines what additional questions, if any, to add to Part A of the questionnaire (WAC 296-62-07153(1));

     • You administer the questionnaire confidentially (WAC 296-62-07153(2));

     • PLHCP reviews and evaluates the questionnaire (WAC 296-62-07154);

     • PLHCP completes any follow-up medical evaluations with employees (WAC 296-62-07154);

     • PLHCP completes the written recommendation and sends it to the employee and you (WAC 296-62-07155 (1) and (2));

     • You respond appropriately to written recommendations (WAC 296-62-07155) and maintain records (WAC 296-62-07194);

     • You provide additional medical evaluations when required by your PLHCP (WAC 296-62-07156).

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07150, filed 5/4/99, effective 9/1/99.]

(1) In determining the employee's ability to use a respirator, you must obtain a written recommendation regarding the employee's ability to use the respirator from the PLHCP. The recommendation must provide only the following information about the employee:

     • Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator;

     • The need, if any, for ((follow-up)) periodic future medical evaluations; and

     • A statement that the PLHCP has provided the employee with a copy of the PLHCP's written recommendation.

     (2) You must provide a PAPR, if:

     • The respirator is a negative pressure respirator and the PLHCP finds a medical condition that may place the employee's health at increased risk if the respirator is used;

     • The PLHCP's medical evaluation finds that the employee can use such a respirator. You no longer must provide a PAPR, if a subsequent medical evaluation finds that the employee is medically able to use a negative pressure.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07155, filed 5/4/99, effective 9/1/99.]

At a minimum, you must provide ((additional)) future medical evaluations that comply with the requirements in WAC 296-62-07151 through 296-62-07155 if:

     • A PLHCP recommends that an employee be reevaluated at a set interval;

     • An employee reports medical signs or symptoms related to his or her ability to use a respirator;

     • A ((PLHCP,)) supervisor, or the respirator program administrator informs you that an employee needs to be reevaluated;

     • Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or

     • A change occurs in workplace conditions (for example, physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on an employee.

     You may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07156, filed 5/4/99, effective 9/1/99.]

(1) The fit test must be administered using WISHA-accepted quantitative or qualitative protocol. These protocols are contained in WAC 296-62-07201 through 296-62-07248 (Appendices A-1, A-2 and A-3 of this part).

     (2) Qualitative fit testing may be used to fit test negative pressure air-purifying respirators only when they will be used in atmospheres where the concentration is less than 10 times the PEL. For negative pressure respirator use in ((higher)) concentrations equal to or greater than 10 times the PEL, quantitative fit testing must be used.

     (3) If the fit factor, as determined through WISHA-accepted quantitative fit testing protocol, is equal to or greater than 100 for tight-fitting half facepieces, or equal to or greater than 500 for tight-fitting full facepieces, the employee passed the quantitative fit test for that respirator.

     (4) Fit testing of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-purifying respirators must be accomplished by performing quantitative or qualitative fit testing in the negative pressure mode, regardless of the mode of operation (negative or positive pressure) that is used for respiratory protection.

     (a) Qualitative fit testing of these respirators must be accomplished by temporarily converting the respirator user's actual facepiece into a negative pressure respirator with appropriate filters, or by using an identical negative pressure air-purifying respirator facepiece with the same sealing surfaces as a surrogate for the atmosphere-supplying or powered air-purifying respirator facepiece.

     (b) Quantitative fit testing of these respirators must be accomplished by modifying the facepiece to allow sampling inside the facepiece in the breathing zone of the user, midway between the nose and mouth. This requirement must be accomplished by installing a permanent sampling probe onto a surrogate facepiece, or by using a sampling adapter designed to temporarily provide a means of sampling air from inside the facepiece.

     (c) Any modifications to the respirator facepiece for fit testing must be completely removed, and the facepiece restored to NIOSH-approved configuration, before that facepiece can be used in the workplace.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07162, filed 5/4/99, effective 9/1/99.]

(1) You must train employees before they are required to use a respirator in the workplace.

     (2) If you are able to demonstrate that a new employee has received training within the last 12 months that addresses the elements specified in WAC ((296-62-07132)) 296-62-07172 and 296-62-07186, then you are not required to repeat the training provided that the employee can demonstrate knowledge of the element(s) required in WAC 296-62-07188.

     (3) If you do not repeat initial training for an employee, then you must provide retraining no later than 12 months from the date of the employee's previous training.

     (4) Retraining must be completed annually, and when the following situations occur:

     • Changes in the workplace or the type of respirator render previous training obsolete or incomplete;

     • The employee's knowledge or use of the respirator indicates that the employee has not retained the understanding or skill as required in WAC 296-62-07188 above; or

     • Any other situation arises when retraining appears to be necessary to make sure respirators are used safely.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07190, filed 5/4/99, effective 9/1/99.]

This is a mandatory appendix to chapter 296-62 WAC, Part E.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050.      99-10-071, § 296-62-07255, filed 5/4/99, effective 9/1/99.]

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