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OSHA Resumes
Enforcement of Respirator Annual Fit Testing Requirements for
TB
March 24,
2008
MEMORANDUM
FOR: REGIONAL ADMINISTRATORS
FROM: DONALD
G. SHALOUB
Deputy Assistant Secretary
SUBJECT:
Tuberculosis and Respiratory Protection Enforcement
The Federal
Register Notice published on December 31, 2003, withdrew the
standard 29 CFR 1910.139 — Respiratory Protection for M.
Tuberculosis. At that time, establishments whose respiratory
protection programs for tuberculosis were formerly covered under
29 CFR 1910.139 were required to adapt their programs to comply
with the requirements of 29 CFR 1910.134.
Congress
subsequently restricted OSHA's appropriations in the years that
followed and provided "[t]hat none of the funds appropriated
under this paragraph shall be obligated or expended to administer
or enforce the provisions of 29 CFR 1910.134(f)(2)...to the extent
that such provisions require the annual fit testing (after the
initial fit testing) of respirators for occupational exposure
to tuberculosis."
The appropriations
restriction affected only annual fit testing of respirators used
for protection against tuberculosis. No other provisions of the
respiratory protection standard were affected by the appropriations
restriction. All requirements of the respiratory protection standard,
including annual fit testing, continued to be cited for respirator
use against other hazards, such as Severe Acute Respiratory Syndrome
(SARS) or other bioaerosols.
The accompanying
text to the legislation advised OSHA to take no further action
"until such time as the CDC completes the revision of its
TB guidelines." The CDC issued "Guidelines for Preventing
the Transmission of Mycobacterium tuberculosis in Health-Care
Settings, 2005" in December of 2005. These guidelines recommended
periodic fit testing in accordance with federal, state and local
regulations. However, Continuing Appropriations Resolutions that
followed provided funding "under the authority and conditions
provided in the applicable appropriations Act for fiscal year
2006..."
Congress
passed the 2008 omnibus appropriations bill and President Bush
signed it into law on December 26, 2007. This new appropriation
has no restriction on the enforcement of the Respiratory Protection
standard. On January 2, 2008, OSHA will resume full enforcement
of the entire Respiratory Protection standard, including 1910.134(f)(2).
This restriction
has also been removed with respect to outreach and assistance
activities (e.g., education and training, and compliance assistance);
participation in OSHA's recognition programs (i.e., SHARP and
VPP) or strategic partnerships; and the use of Federal funds
appropriated for State plan States and Consultation projects.
If you have
any questions, feel free to contact the Office of Health Enforcement
at (202) 693-2190.
Source: OSHA News Release 4/16/08
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