Respirator Interpretation Letter

This information comes from Tori Burns at our local OSHA office.

* If an employee is using a respirator for COMFORT only (i.e. grass clippings, wiping chalk boards, etc.) the only thing they have to comply with is Appendix D of 29CFR 1910.134. Copied from the web site, the exact title is: "Appendix D to Sec. 1910.134 (Mandatory) Information for Employees Using Respirators When Not Required Under the Standard." It... says that the user will be familiar with instructions, use the respirator properly, use the right respirator for the job, and keep track of it, or words to that effect.

If the employee CHOOSES to use it voluntary (and we don't say they have to, based upon our assessments), then it is OK, even if the University provides it. Tori said that if we do provide comfort masks, we should use the best type we can, that is double strap. .

I also asked her interpretation regarding is a respirator an ADA accommodation?

She was somewhat puzzled by the question, but her basic answer is that it is not an ADA issue. I think that issuing any type of mask to an employee who is known or suspected of having a respiratory medical impairment is a slippery slope, ESPECIALLY if we consider it an ADA action. If an employee has a breathing problem, we had better not be giving them a respirator unless they are fit tested, in my opinion. Now, if someone has simple asthma or hayfever and it is exacerbated by something like mowing grass, and the particle mask eliminates the possibility of a problem, then I see no issue. But any time we start making a formal 'accommodation I think we have stepped into another region.

Jeff Throckmorton
CIH, Environmental Health and Safety