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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations
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employer can show it has made goodfaith efforts to comply with the requirements of the standard, but has been unable to do so.
S. Mini Respiratory Protection Program Compliance with the mini respiratory protection program section of the ETS
29 CFR 1910.504 is required whenever respirators are used in lieu of required facemasks under 1910.502. The mini respiratory protection program is designed to improve employee protections during the pandemic by streamlining respiratory protection program requirements under the ETS.
This program provides a limited set of requirements for the safe use of respirators; these requirements are meant to be easier and quicker to implement than the more comprehensive respiratory protection program under 29 CFR 1910.134. OSHA
designed the mini respiratory protection program to allow employers and employees increased flexibility in selecting respirators while ensuring that employees remain protected. The rationale for including the mini respiratory protection program section in the ETS is discussed in more detail in the Need for Specific Provisions Section V of the preamble.
Paragraph a establishes that the mini respiratory protection program section applies only to respirator use in accordance with 1910.502 f4. In any other situation where respirator use is required under the ETS or another OSHA standard, the employer must follow the requirements in OSHAs respiratory protection standard, 29 CFR
1910.134. This includes when respirator use is required under 1910.502 f2i for exposure to people with suspected or confirmed COVID19; under 1910.502 f3i for aerosol-generating procedures performed on a person with suspected or confirmed COVID19;
under 1910.502 f5 based on Standard and Transmission-Based Precautions; and where respirator use is required for protection from any hazards other than COVID19.
Under 1910.502 f4, employers must comply with the mini respiratory protection program section when they elect to provide a respirator to an employee instead of a facemask paragraph f4i or permit an employee to wear an employeeprovided respirator instead of a facemask paragraph f4ii.
Paragraph b of the mini respiratory protection program section contains the definitions used in that section. Most of the definitions have already been discussed in other sections of the preamble. The previously discussed
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definitions are COVID19, elastomeric respirator, filtering facepiece respirator, hand hygiene, respirator, and powered air-purifying respirator PAPR. The definitions of tight-fitting respirator, and user seal check are explained below, where paragraph d2 is discussed.
Paragraph c of the mini respiratory protection program section applies to respirators provided by employees, as opposed to employer-provided respirators. When the employer permits an employee to use the employees own respirator under 1910.502f4ii, the employer must provide the employee with a specific notice, the text of which is included in paragraph c of the mini respiratory protection program section.
The notice is similar to the notice provided to employees for voluntary respirator use under 29 CFR 1910.134, Appendix D. It explains that respirators can provide effective protection against COVID19 hazards when properly selected and worn, but notes that a respirator can itself become a hazard if used improperly or not kept clean. The notice also instructs employees to read and follow the respirator manufacturers instructions and warnings and to ensure that they do not mistakenly use another persons respirator. Further, the notice tells employees that if they need a respirator for a non-COVID19 hazard, such as a chemical hazard, then their employer must provide them with a respirator and ensure that it is used in accordance with 29 CFR 1910.134.
Employers that must comply with this paragraph have substantial flexibility in how they provide the information to the employee. The agency expects that most employers will simply provide the information in written form, either through a printed page of information or electronically through a company email system. Employers could also deliver the information orally through a training session.
Paragraph d of the mini respiratory protection program section applies to employer-provided respirators, in contrast to employee-provided respirators. Paragraph d applies whenever employers provide respirators, instead of facemasks, to their employees under 1910.502f4i. The use of FFRs, elastomeric respirators, and PAPRs is covered under paragraph d, although a small number of individual provisions apply only to particular categories of respirators e.g., paragraph d3i of the mini respiratory protection program section applies only to FFRs.
Paragraph d1 of the mini respiratory protection program section requires employers to ensure that each employee wearing a respirator receives
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training prior to first use of the respirator and whenever the employee begins using a different type of respirator. Employee training is an essential component of any OSHA
standard, and is needed so employees understand the requirements of the standard and what must be done to keep themselves safe. In keeping with other OSHA training requirements, the training must be given in a language and at a literacy level the employee understands. The training must result in employee comprehension of how to inspect, put on, use, and remove the respirator. The employee must also understand the limitations and capabilities of the respirator, including limitations when the respirator has not been fit tested. Because employees are not required to be fit tested under the mini respiratory protection program section as they are under 29 CFR
1910.134, a key aspect of this portion of the training is to emphasize that without a fit test, an employer has less control over whether employees are receiving the full, expected level of protection that a respirator is capable of providing to the wearer. In the absence of a fit test, the employer should inform the employee that a user seal check is very important to determining whether the respirator is properly placed on their face in order to allow the respirator to function as intended. After the training is provided, the employee must also comprehend the proper way to store, maintain, and inspect the respirator;
how to perform a user seal check; and how to recognize medical signs and symptoms that may limit or prevent the effective use of the respirator, along with what to do if the employee experiences those signs and symptoms.
Employers have substantial flexibility regarding the format in which training is provided under the mini respiratory protection program section of this ETS.
The training can be provided along with the other training required under 1910.502n, or it can be provided separately. Training may be provided in-person, remotely through online training, or by distributing educational materials. The requirement for employee comprehension of the training materials does not require a formal test and may be assessed in other ways so long as the employer can ensure that the requirement for comprehension has been met. Employers looking for training resources on respiratory protection can consult OSHAs website for materials and information.
Paragraph d2 of the mini respiratory protection program section requires the employer to ensure that each employee who uses a tight-fitting
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