Respiratory Protection Requirements for Pesticide Application
On January 1, 2008 County Agricultural Commissioners began enforcing new respiratory protection regulations adopted by the California Department of Pesticide Regulation (DPR). These new regulations, found in Title 3, California Code of Regulations, Section 6739, Respiratory Protection are very similar to the Cal/OSHA regulations for respiratory protection. Below is a summary of some of the key elements Section 6739.
General Requirements. Employers must establish a written respiratory protection program and assure that employees use respirators if respiratory protection is required by label, restricted material permit conditions, regulation, or the employer. The program must be worksite-specific and include the following provisions, as applicable:
- Selection of respirators
- Medical evaluation
- Fit testing
- Proper routine and emergency use
- Cleaning, maintenance, and care
- Ensuring breathing air quality
- Training in respiratory hazards
- Training in respirator use
- Program evaluation
DPR has developed a sample respiratory protection program to assist program administrators in developing their own worksite-specific program. This program can be found in the guidance document HS-1513, Generic Guidelines for Development of a Respiratory Protection Program in Accordance with Department of Pesticide Regulation Requirements. This document also states appropriate qualifications for a program administrator.
Voluntary Respirator Provision. If respirator use is not required, an employer may provide respirators for voluntary use or permit employees to use their own respirators on a voluntary basis. If the employer supplies respirators for voluntary use, the employer must establish and implement those provisions of a written program necessary to ensure that the employee is medically able to use the respirator and the respirator is cleaned, stored, and maintained so that it does not present a health hazard to the user.
No respirator program is needed for voluntary use of filtering facepieces (dust masks). However, filtering facepieces are respirators and subject to all provisions of Section 6739 when their use is required. If any type of respirator is used voluntarily, the employer must provide employees with the information contained in subsection (r) of Section 6739 and display this alongside of required hazard communication postings. (Note: There are minor differences between subsection (r) of Section 6739 and appendix D of the Cal/OSHA respiratory protection regulation.)
Medical Evaluation. A medical evaluation must be conducted by a physician or other licensed healthcare professional (PLHCP) using the required medical questionnaire or an initial medical examination that obtains the same information. The medical questionnaire is found in subsection (q) of Section 6739. (Note: There are minor differences between this questionnaire and the questionnaire contained in appendix C of the Cal/OSHA respiratory protection regulation.)
The employee must be allowed to complete the questionnaire confidentially. The employer must provide either a copy of the questionnaire in a language understood by the employee or a confidential reader. A confidential reader is a person chosen by an employee to read to him/her the questionnaire in a language primarily understood by the employee. This includes, but is not limited to, a coworker, family member, friend, or an independent translator provided by the employer. The employer or the employer’s direct agent, such as a supervisor, manager, foreman, or secretary, are not included and are prohibited from being confidential readers.
The PLHCP provides the employer with a written medical recommendation indicating the ability of the employee to safely wear the respirator under the required work conditions. The PLHCP may also request follow-up medical evaluations as deemed necessary. In general, the employee is only required to be evaluated once. However, in some circumstances, an additional medical evaluation may be required.
Fit Testing. The employer must assure that employees using tight-fitting facepieces pass a Cal/OSHA compliant fit test prior to initial use and at least annually thereafter. Both qualitative and quantitative fit testing are acceptable.
Training and Information. Training must be provided prior to an employee using a respirator. Retraining is required annually and when triggered by certain situations. Among other things, the employer shall ensure that the employee can demonstrate knowledge concerning why the respirator is necessary, what the limitations and capabilities the respirator are, how to inspect and maintain the respirator, and how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.
Program Evaluation. The employer is required to conduct evaluations of the workplace as necessary to ensure that the program is being effectively implemented. Employers must annually consult employees who are required to use respirators to assess the employees’ views on program effectiveness and to identify any problems. Any problems identified must be corrected within 30 days of the evaluation/consultation.
End of Service Life. Respirator cartridges (or the entire respirator if disposable) must be discarded according to the following hierarchically arranged criteria:
- At the first indication of odor, taste, or irritation while in use, the respirator wearer leaves the contaminated area, adjusts the mask for fit and on returning still encounters odor, taste, or irritation. This criterion item supersedes any of the criteria listed below.
- When any End-of-Service-Life-Indicator (ESLI) indicates that the respirator has reached its end of service.
- All disposable filtering facepiece respirators shall be discarded at the end of the workday.
- According to pesticide-specific label directions/recommendations.
- According to pesticide-specific directions from the respirator manufacturer.
- Absent any pesticide-specific directions/recommendations, at the end of the day’s work period.
Additional Requirements. Other requirements addressed in 6739 include selection of respirators; facepiece seal protection; procedures for Immediately Dangerous to Life and Health (IDLH) atmospheres; cleaning and disinfecting; storage of emergency respirators; inspection and repair; breathing air quality and use; and identification of filters, cartridges, and canisters.
Recordkeeping. The employer must retain written information regarding medical recommendations, fit testing, and the respirator program. Records must be maintained while the employee is required to use a respirator and for three years after the end of employment conditions requiring the use of a respirator. A written copy of the current respirator program must be retained by the employer, and previous versions must be retained for three years.
Additional Resources
DPR Compliance Assistance: www.cdpr.ca.gov/docs/whs/ind_hygiene_resp_prot.htm
The above evaluations and/or recommendations are for general guidance only and should not be relied
upon for legal compliance purposes. They are based solely on the information provided to us and relate
only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.
|
