January 04, 2024

Mr. Angelo Garcia, III
Future Environment Designs, Inc.
6800 Jericho Turnpike, Suite 120W
Syosset, NY 11791

Dear Mr. Garcia:

Thank you for your inquiry to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs regarding proper respirator selection for Class I asbestos work in the construction industry under OSHA's Asbestos standard, 29 CFR § 1926.1101. This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any situation not delineated within your original injury. Your questions are identified below, followed by our responses.

NOTE: All discussion of respiratory protection in this interpretation pertains to Class I asbestos work under the scope of 29 CFR § 1926.1101 only.

Question 1: We are writing requesting a clarification of the respirator requirements for Class I asbestos work under the Asbestos in Construction standard (1926.1101). We understand that an exposure assessment must be completed before the work starts and based on that exposure assessment either a powered air-purifying respirator (PAPR) or a supplied air respirator (SAR) would be required. However, if the employer performs daily personal sampling in accordance with 1926.1101 (sufficient workers to be representative of the operation) could an employer use that result to select a lower level of respiratory protection from Table I in the Respiratory Protection standard, 29 CFR § 1910.134?

Response: The Asbestos standard specifies minimum levels of respiratory protection for Class I asbestos work. The Asbestos standard is a hazard-specific standard that takes precedence over the more general Respiratory Protection standard (29 CFR § 1910.134 and 29 CFR § 1926.103) in the context of asbestos exposure. Respirators must be worn for all Class I asbestos work, but the type of respirators employers must provide varies depending on employee exposure levels.

Employers must provide employees performing Class I asbestos work with full facepiece supplied-air respirators (SARs) operated in pressure-demand mode and equipped with an auxiliary positive-pressure, self-contained breathing apparatus (SCBA) whenever exposure levels exceed 1 f/cc as an 8-hour time-weighted average limit (TWA) (1926.1101(h)(3)(iv)(B)). Whenever exposure levels are at or below 1 f/cc as an 8-hour TWA, employers must provide employees performing Class I asbestos work with either tight-fitting powered air-purifying respirators (PAPRs) or full facepiece SARs operated in pressure-demand mode and equipped with either HEPA egress cartridges or an auxiliary positive-pressure SCBA, unless there is a negative exposure assessment (NEA) for the asbestos job (1926.1101(h)(3)(iv)(A)). If an employer demonstrates that exposures in a Class I job will be less than the permissible exposure limits (PELs) (i.e., the employer can produce an NEA), the employer must select and provide the appropriate respirators specified in Table 1 of the Respiratory Protection standard; however, employers must not select or use filtering facepiece respirators and must provide HEPA filters for powered and non-powered air-purifying respirators (1926.1101(h)(3)(i)(A) and (B)).

For more information about the relevant PELs, NEAs, and periodic monitoring, see 1926.1101(c), 1926.1101(f)(2)(iii), and 1926.1101(f)(3).

Question 2: As an example, if an asbestos contractor had a new project that closely resembles a previous project where the initial exposure assessment was 2 f/cc, they would start the new project utilizing supplied-air respirators (SARs) operated in pressure-demand mode with an SCBA backup. On the first day of removal of the asbestos the contractor would perform initial monitoring of the workers performing the highest exposure tasks. The results of the initial monitoring sampling resulted in the workers' exposure to be 2 f/cc, matching the initial exposure assessment. Would the contractor be allowed to change to a full facepiece respirator for the rest of the project (assuming further monitoring did not exceed the initial 2 f/cc) or PAPRs if the employees choose to wear that respirator?

Response: No. In the above circumstances, because the exposure levels exceed 1 f/cc as an 8-hour TWA, the employer must provide employees with full facepiece SARs operated in the pressure-demand mode and equipped with an auxiliary positive-pressure SCBA (1926.1101(h)(3)(iv)(B)). The standard allows a tight-fitting PAPR in Class I operations when the exposure levels do not exceed 1 f/cc as an 8-hour TWA. See the following paragraphs:

1926.1101(h)(3)(iv)
Employers must provide employees with:

1926.1101(h)(3)(iv)(A)
A tight-fitting powered air-purifying respirator or a full facepiece, supplied-air respirator operated in the pressure-demand mode and equipped with either HEPA egress cartridges or an auxiliary positive-pressure, self-contained breathing apparatus (SCBA) whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be at or below 1 f/cc as an 8-hour time-weighted average (TWA).

1926.1101(h)(3)(iv)(B)
A full facepiece supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive-pressure SCBA whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be above 1 f/cc as an 8-hour TWA.

Thank you for your interest in occupational safety and health. I hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Kimberly A. Stille, Director
Directorate of Enforcement Programs