OSHA Rule Would Revise Respiratory Protection Standard

The Occupational Safety and Health Administration published a notice of proposed rulemaking in the January 21 Federal Register that addresses the fit-test procedures for respiratory protection face masks. The rule would add two PortaCount® quantitative fit-testing protocols to the OSHA Respiratory Protection Standard (29 CFR 1910.134). Employers in general industry, shipyard employment, and the construction industry would be affected by this change.

OSHA is soliciting comments and data from the public regarding the revised fit-test protocols developed by TSI Inc., which provided a copy of a peer-reviewed article from the Fall/Winter 2005 issue of the Journal of the International Society for Respiratory Protection describing the accuracy and reliability of the proposed protocols.

Comments should reference the Docket No. OSHA-2007-0007, and may be submitted online at http://www.regulations.gov, via fax to (202) 693-1648, or by mail to the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210. For more information, please contact Don Benson, a shareholder in Littler’s Atlanta office.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.