The use of particulate filters and respirators. | Occupational Safety and Health Administration

Standard Number:

1910.134(d)(3)(iv)(B)

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

May 5, 1997

Mr. David Koch
Senior Technical Specialist
Willson Safety
Post Office Box 622
Reading, Pennsylvania 19603

Dear Mr. Koch:

This is in response to your letter of April 8, addressed to the Occupational Safety and Health Administration (OSHA), concerning the use after July 10, 1998, of particulate filters and respirators approved under 30 CFR 11.

The National Institute for Occupational Safety and Health (NIOSH) has determined that effective July 10, 1998, particulate filters and respirators approved under 30 CFR 11 can no longer be manufactured and shipped as NIOSH/Mine Safety and Health Administration (MSHA) approved items. You are inquiring about the treatment of the inventories distributors and end-users hold after July 9, 1998, of particulate filters and respirators approved under 30 CFR 11 that were manufactured and shipped prior to July 10, 1998.

As you requested this letter verifies that (1) distributors who will have purchased 30 CFR 11 particulate filters and respirators prior to July 10, 1998, will be able to sell them as approved until inventories of these products are depleted; and (2) endusers who will have purchased said particulate filters and respirators from these distributors will be able to use them until their inventories of them are depleted, or until the shelf life or service life for the products expires.

We appreciate the opportunity to clarify this matter for you. Should you have further questions, please contact the Office Of Health Compliance Assistance, at (202) 219-8036.

Sincerely,

John B. Miles, Jr., Director
Directorate of Compliance Programs

Mr. John B. Miles, Director
Directorate of Compliance Programs
OSHA
DOL
200 Constitution Blvd, NW
Washington, D.C. 20210

Dear Mr. Miles:

As you are aware, particulate respirators and filters approved under 30 CFR 11 can not be manufactured and shipped by the manufacturer as approved after July 10, 1998. In the "NIOSH Guide to the Selection and Use of Particulate Respirators Certified Under 42 CFR 84", page 4, paragraph 1, it states: "OSHA, MSHA, and other regulatory agencies have the authority to set a use deadline for 30 CFR 11 filters purchased before July 10, 1998."

It is our understanding that end-users of 30 CFR 11 particulate filters and respirators can continue to use them until their inventory of these items is depleted, or until the shelf-life or expiration date, whichever is sooner. Distributors of these products have raised the question as to their inventory of 30 CFR 11 filters after July 10, 1998.

Would OSHA please verify that 1.) Distributors who had purchased 30 CFR 11 filters and particulate respirators prior to July 10, 1998 can sell them as approved until the inventories of these products are depleted; and 2.) End-users who had purchased 30 CFR 11 filters and particulate respirators from distributors after July 10, 1998 can use them until their inventories are depleted, or the shelf life, service life or expiration date of the product.

In the hopes of minimizing the economic burden to both our distributors and end-users, your timely clarification in regard to this matter would be greatly appreciated.

Regards,

David Koch
Senior Technical Specialist
Willson Safety
P.O. Box 622
Reading, PA 19603