Respiratory Protective Devices

This final rule, in conjunction with the National Institute for Occupational Safety and Health (NIOSH) final rule published concurrently in this Federal Register, transfers to NIOSH existing Mine Safety and Health Administration (MSHA) regulations pertaining to the testing, performance, and joint MSHA-NIOSH approval of respirators under the Mine Act. MSHA retains existing provisions related to the selection, use, and maintenance of respirators for coal and metal and nonmetal mines. Under the NIOSH rule, MSHA retains joint approval responsibility for certain mining-related respiratory protective devices. MSHA's transfer of the respirator approval program to NIOSH will more accurately reflect the respective roles of the two agencies in the approval of respirators. A memorandum of understanding (MOU) between MSHA and NIOSH delineates the roles of both agencies in the respirator approval program. This MOU is published elsewhere in this separate part of the Federal Register. MSHA's final rule will not affect the compliance responsibilities of mine operators.