OSHA

Among other things, OSHA’s respiratory protection standard requires employers to provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. See 29 C.F.R. § 1910.134(e)(1). It also requires employers to obtain a written recommendation from the PLHCP on whether the employee is medically able to use a respirator. See 29 C.F.R. § 1910.134(e)(6)(i)(A). If an employee receives medical surveillance under the silica standard, the PLHCP’s written medical opinion for the employer also must include any recommended limitations on the employee’s use of respirators. See 29 C.F.R. § 1926.1153(h)(6)(i)(C). If a PLHCP determines through either a medical evaluation under the respiratory protection standard, or medical surveillance under the silica standard, that an employee has a medical condition that places the employee’s health at increased risk if a negative pressure respirator is used, but the employee can use a powered air purifying respirator (PAPR), then the employer must provide a PAPR. See 29 C.F.R. § 1910.134(e)(6)(ii). OSHA believes many workers who are medically unable to use a negative pressure respirator will be able to use a PAPR. However, if an employee cannot use either type of respirator, then the employer must not assign the employee to perform a task that would require the employee to use a respirator. In such a situation, the employer may need to consult other local, state, or federal laws and regulations and collective bargaining agreements to determine its obligations with respect to such employees.