Respiratory protection requirements

Yes — employers must provide respiratory protection for longshoring workers when hazards that require respirators are present in the workplace. Section 1918.102 (Respiratory protection) addresses respiratory protection for longshoring and refers users to the applicability provisions at 1918.1(b)(8) to determine which OSHA requirements apply. Employers must evaluate hazards and supply appropriate respiratory protection whenever exposure conditions require it under the applicable OSHA requirements (1918.102; 1918.1(b)(8).

Employers must provide and pay for required respirators used in longshoring operations. OSHA’s employer-payment rule and its interpretation confirm that PPE required by Parts that include 29 CFR Part 1918 must be provided at no cost to employees; respirators are PPE covered by that rule (Employer PPE payment methods interpretation, 2014-11-13; see also 1918.102).

Yes — an employer may use a deposit system so long as the arrangement does not result in the employee bearing the cost of required PPE. OSHA’s interpretation explains that employers may require a deposit if the employer retains ownership of the PPE, and may require return of the equipment upon termination; however, the system must not be administered in a way that causes the employee to effectively pay for required PPE or for normal wear and tear (Employer PPE payment methods interpretation, 2014-11-13; see also 1918.102).

• Employers may require return of issued respirators when employment ends.
• If respirators are not returned, employers may take reasonable steps to recover cost, but cannot charge employees for wear and tear caused by work (2014-11-13).

No — employers cannot make employees pay for wear, maintenance, or repairs that result from normal workplace use of required PPE. OSHA’s interpretation of the employer-payment rule clarifies that employers must provide required PPE and cannot charge employees for wear and tear related to the work or workplace conditions; employers are responsible for maintenance and replacement unless an allowed exception applies (Employer PPE payment methods interpretation, 2014-11-13; see 1918.102).

Yes — where Part 1918 is not specific, other applicable OSHA standards and requirements will apply, and those may include respirator training requirements. Section 1918.102 points to applicability under 1918.1(b)(8), and OSHA has long explained that the applicability of general or industry-specific standards depends on workplace circumstances (Applicability of OSHA standards interpretation, 1991-02-19). Employers should follow any respirator training and fit-testing requirements that apply under the applicable OSHA respiratory protection rules referenced by 1918.102 (1918.102; 1918.1(b)(8)).

Yes — the employer may require return of respirators it issued, and may seek reimbursement if the employee does not return employer-owned equipment, provided the employer’s actions comply with other laws. OSHA’s interpretation allows employers who retain ownership of PPE to require its return upon termination and to require the employee to pay or take reasonable steps to retrieve PPE that isn’t returned; however, employers may not charge employees for wear and tear related to workplace use (Employer PPE payment methods interpretation, 2014-11-13; see 1918.102).

Yes — other OSHA standards may apply when Part 1918 is silent or a different standard better addresses the hazard. OSHA has explained that the applicability of 29 CFR parts (for example, 1910, 1917, 1918) depends on the workplace circumstances, and where appropriate the general or other industry-specific standards can apply (Applicability of OSHA standards interpretation, 1991-02-19; see also 1918.1(b)(8)). Employers must follow the standard that is applicable to the operation and hazard in question (1918.102).

Section 1918.102 directs you to the applicability rules in 1918.1(b)(8) to determine which standards govern a specific situation. Review 1918.102 (Respiratory protection) together with the applicability language at 1918.1(b)(8) to identify whether Part 1918 or another OSHA standard applies to the task and respiratory hazard.

Yes — OSHA’s interpretation of the employer-payment rule covers PPE required under Part 1918 and includes the employer’s obligation to provide, repair, and replace required PPE without charging employees for normal use. The interpretation makes clear that the final rule requires employers to pay for PPE provided under Parts including 1918, and that reimbursement or cost-shifting schemes that result in employee payment are not allowed (Employer PPE payment methods interpretation, 2014-11-13; see 1918.102).

• Employers should maintain respirators and provide replacements when required by workplace conditions.
• Any exceptions in the rule are narrowly defined and must be reviewed before relying on them (2014-11-13).