Some Movement on OSHA Proposals to Amend Respiratory Protection Requirements
OSHA has reopened the rulemaking record of a previously proposed rule that would amend the respiratory protection standard to remove some medical evaluation requirements for filtering-facepiece respirators (FFRs) and loose-fitting powered air-purifying respirators (PAPRs). The reopening of the record is intended to allow public comment on the advice that the Advisory Committee on Construction Safety and Health (ACCSH) recently gave to OSHA regarding the proposal.
According to the Federal Register notice announcing the additional comment period, ACCSH recommended “that OSHA not proceed with the proposal to remove the medical evaluation requirements and continue to look for best practices and provide those to employers.” In the agency’s view, “[u]sing a respirator may place a physiological burden on employees that varies with the job and workplace conditions in which the respirator is used and the medical status of the employee.”
“OSHA has preliminarily determined this burden differs based on the type of respirator worn and therefore proposes an amendment to the medical evaluation requirements of the standard for FFRs and loose-fitting PAPRs,” the Federal Register notice states.
Written comments about the proposal regarding medical evaluation requirements are now due July 6. Further details and instructions for submitting comments can be found in the Federal Register.
OSHA is also scheduling a series of informal public hearings that will cover this proposed amendment to the respiratory protection standard as well as many other proposed rules that were published last year as part of what the Department of Labor described as “aggressive deregulatory efforts.” The hearings will address proposed changes to respiratory protection requirements for 16 chemical substances, including methylene chloride, lead, ethylene oxide, benzene, asbestos, 1,3-butadiene, vinyl chloride, and formaldehyde, and a proposed rule published by OSHA this April that would amend fall protection requirements in its walking-working surfaces standard.
The hearings will be held virtually beginning Aug. 19 and on subsequent weekdays. According to OSHA, the number of hearing days “will likely depend on the number of people who wish to testify.” Individuals who wish to testify, provide documentary evidence, or question other witnesses during these hearing must submit a notice of intention to appear by July 6. More information about these hearings is available from the Federal Register and from OSHA’s webpage on deregulatory rulemaking.