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Ex. DUT-FED-004 Standing duty Primary source read

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
29 U.S.C. 654(a)(2), 655; 29 C.F.R. 1910.134
Issued
1998-01-08 Jan. 8, 1998
Effective
standing (read as 1998-01-08)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 8, 1998 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersWorkplace rulesStanding duty
Addressees
  • all general-industry employers whose employees require respirators; every hospital, nursing home, dental office, EMS and home-health employer in practice
Character
regulatory duty
Collection
Standing duties: Federal layer DUT-FED

Operative words

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Penalty

29 U.S.C. 666

What it required

Wherever respirators (N95 and other filtering facepieces) were necessary to protect employees from SARS-CoV-2, the employer had to provide them and run a written program with medical evaluation, fit testing, training and maintenance. This was the most frequently cited standard in OSHA's COVID-19 inspections (Exs. DUT-FED-020, -067; the enforcement record's 2020 rows are dominated by 1910.134(c)(1), (e)(1), (f)(2), Ex. AGY-FED-LABOR-IMMIGRATION-033). OSHA's temporary enforcement memoranda of March 14, April 3, April 8 and April 24, 2020 adjusted fit-testing and shortage enforcement without suspending the duty (Exs. AGY-FED-LABOR-IMMIGRATION-015 to -018, -022).