MIOSHA
AGENCY
INSTRUCTION
Michigan Occupational Safety and Health Administration
Department of Licensing and Regulatory Affairs (LARA)
DOCUMENT IDENTIFIER:
DATE:
MIOSHA-STD-15-1
January 21, 2015
SUBJECT: Respiratory Protection Standard, Part 451, Enforcement Policies
I.
Purpose. This Instruction adopts OSHA Instruction, CPL 02-00-158 Inspection
Procedures for the Respiratory Protection Standard, dated June 26, 2014. CPL02-00-158 establishes interpretations and enforcement policies, and provides
instructions to ensure uniform enforcement of MIOSHA Occupational Health
Standard, Part 451, Respiratory Protection Standard.
II.
Scope. This instruction applies to the Construction Safety and Health Division
(CSHD), General Industry Safety and Health Division (GISHD), and the
Consultation Education and Training (CET) Division.
III.
References.
IV.
A.
Construction Safety Standard Part 42. /R408.44201 et seq., Hazard
Communication.
B.
General Industry Safety Standard Part 92. /R408.19201 et seq., Hazard
Communication.
C.
MIOSHA Field Operations Manual (FOM), as amended.
D.
Occupational Health Standard Part 301. /R325.51101 et. seq., Air
Contaminants for General Industry.
E.
Occupational Health Standard Part 430. /R 325.77001 et. seq., Hazard
Communication.
F.
Occupational Health Standard Part 451. /R 325.60051 et seq., Respiratory
Protection.
G.
Occupational Health Standard Part 601. /R325.60151 et. seq., Air
Contaminants for Construction.
H.
Occupational Safety and Health Administration Instruction,
CPL 02-00-158, June 26, 2014, Inspection Procedures for the Respiratory
Protection Standard.
I.
Occupational Safety and Health Administration Instruction, 29 CFR
1910.1200, March 2012, Hazard Communication Standard.
J.
Occupational Safety and Health Administration Instruction, 29 CFR
1910.134, Respiratory Protection Standard, as amended, by reference.
Distribution. MIOSHA Staff; OSHA Lansing Area Office; General; S-drive
Accessible; MIOSHA Weekly; and Internet Accessible.
MIOSHA-STD-15-1
January 21, 2015
Respiratory Protection Standard, Part 451, Enforcement Policies
V.
Cancellations. This agency instruction cancels Michigan Occupational Health
Program Directive No.99-6, Application of the Respiratory Protection Standard,
29 CFR 1910.134, July 19, 1999.
VI.
Contact. Adrian Rocskay, Director GISHD; Patricia Meyer, Director CSHD; and
Nella Davis-Ray, Director CET.
VII.
Originator: Barton G. Pickelman, Deputy Director.
VIII.
Background. MIOSHA Occupational Health Standard, Part 451, Respiratory
Protection Standard, adopted the federal Respiratory Protection Standard, 29 CFR
1910.134, as amended, by reference. On June 26, 2014, federal OSHA issued an
updated instruction, CPL-02-00-158, Inspection Procedures for the Respiratory
Protection Standard, which provides guidelines for enforcing this standard. The
updated OSHA Instruction includes policies and procedures that address changes
made in the federal Respiratory Protection Standard, 1910.134, which were
effective August 2006.
IX.
Action. MIOSHA is adopting the 2014 OSHA Instruction, Inspection Procedures
for the Respiratory Protection Standard, with the following exceptions.
X.
A.
Whenever the OSHA Instruction references an OSHA occupational safety
or health standard, the equivalent MIOSHA Standard must be consulted
instead. For example, permissible exposure limits (PELs) listed in
MIOSHA Occupational Health Standard, Part 301, Air Contaminants, or
Part 601, Air Contaminants for Construction, must be utilized in lieu of
the PELs listed in the equivalent OSHA Standard.
B.
Whenever another OSHA Instruction is referenced, the equivalent
MIOSHA Instruction must be consulted. If MIOSHA does not have an
equivalent instruction, procedures written in the MIOSHA FOM must be
followed (e.g., procedures for classification and grouping of citations are
in the MIOSHA FOM, not in a MIOSHA Instruction).
C.
Whenever procedures/policies in the federal instruction reference the
OSHA Field Operations Manual, equivalent policies and procedures from
the MIOSHA FOM must be followed.
D.
In order to decide whether a particular physician or licensed health care
professional (PLHCP) is legally permitted to administer/evaluate the
medical questionnaire/examination required in Part 451, contact the
Licensing and Regulatory Affairs, Bureau of Health Care Services, Health
Professions Division to determine the scope of practice for a particular
PLHCP. See also the interpretive quip on the MIOSHA website at: Part
451 – Standard Interpretation.
Significant Changes.
A.
The 1999 MIOSHA Directive, Application of the Respiratory Protection
Standard, was a modified version of the 1998 OSHA Instruction on how to
enforce this standard. The 1999 MIOSHA Directive included wording
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MIOSHA-STD-15-1
January 21, 2015
Respiratory Protection Standard, Part 451, Enforcement Policies
and job titles specific to MIOSHA. The updated 2014 MIOSHA
Instruction adopts the 2014 federal OSHA Instruction and does not include
MIOSHA specific wording or job titles.
B.
The 2014 OSHA Instruction, Inspection Procedures for the Respiratory
Protection Standard, includes policies and procedures related to additions
or changes made in the 2006 federal standard that were not addressed in
the 1999 MIOSHA Directive. These include the following updates:
1.
The definition section has been updated to include changes to the
Respiratory Protection Standard which added definitions for
assigned protection factors and maximum use concentrations.
2.
Greater clarification is provided on voluntary respirator use.
3.
The explanation of the components of compliant respirator
programs is improved.
4.
Additional acceptable methods to assess respiratory hazards are
described.
5.
Information related to the revised Hazard Communication
Standard, 29 CFR 1910.1200, published in March 2012, has been
added. This aligns the Respiratory Protection Standard with the
Globally Harmonized System of Classification and Labeling of
Chemicals (GHS), Revision 3 addressed by the Hazard
Communication Standard.
6.
Guidance has been added to assist in evaluating the need to
provide respiratory protection for chemicals used in workplaces,
by referring to employers’ hazard communication programs as
required by 29 CFR 1910.1200, when chemical manufacturers may
have communicated on safety data sheets that use of their products
may be hazardous if inhaled and have recommended that users
wear respiratory protection.
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