What Is a NIOSH-Approved Respirator and When Is One Required?

When an OSHA standard requires respirators, the employer must select a respirator certified by the National Institute for Occupational Safety and Health (NIOSH), a research agency in the Department of Health and Human Services (HHS). NIOSH runs the certification program under 42 CFR Part 84, and OSHA sets the workplace use rules in 29 CFR 1910.134. The FAQ on how OSHA and DOT rules interact gives background on OSHA's role. The FAQ on the difference between NIOSH and OSHA explains how the two agencies split these roles, and the FAQ on NIOSH health hazard evaluations covers NIOSH's workplace investigations.

What NIOSH certification means. Part 84 sets the procedures manufacturers follow to apply for NIOSH approval, the testing and fees, and the quality control plans they must maintain. Approved respirators carry a label with the NIOSH emblem, the HHS seal, the applicant's name and address, and an approval number with the prefix TC (42 CFR 84.33). Labels may only be used by the applicant they were issued to. NIOSH reviews quality control records and may revoke an approval. For mine emergency and mine rescue respirators, NIOSH and the Mine Safety and Health Administration certify jointly.

Filter classes. OSHA's definitions note that the NIOSH Part 84 equivalents of a HEPA filter are the N100, R100 and P100 filters. N95, R95 and P95 filters must show a minimum efficiency level of 95 percent, and N99, R99 and P99 filters 99 percent (42 CFR 84.170), and respirator selection depends on the hazard.

What OSHA requires of employers. Under 1910.134(d)(1)(ii), the employer must select a NIOSH-certified respirator and use it in line with the conditions of its certification. Where respirators are needed to protect health or are required by the employer, the employer must run a written respiratory protection program with worksite-specific procedures and a trained program administrator. Other key elements include:

• A medical evaluation of the employee's ability to use a respirator before fit testing or use.
• Fit testing before first use of a tight-fitting respirator, whenever a different facepiece is used, and at least annually.
• Training before use and retraining at least annually.
• Respirators, training and medical evaluations at no cost to the employee.

Voluntary use. When an employee chooses to wear a respirator that is not required, the employer must give the employee the information in Appendix D of 1910.134. Program elements for medical fitness and cleaning still apply, except for voluntary use of filtering facepieces (dust masks) only.

Checking approval labels. Because approval labels must match NIOSH-issued approvals, employers should confirm the TC number and approval holder before buying.

Records. Under 1910.134(m), employers must keep fit test records until the next fit test, along with medical evaluation records and a written copy of the current program, and make them available to OSHA on request. The FAQ on compliance training covers training programs more broadly, and the Learn Laws® news item on CDC's respiratory virus reorganization covers related CDC changes.