Respiratory Protective Devices

This final rule addresses NIOSH and the Department of Labor/ Mine Safety and Health Administration (MSHA) certification requirements for respiratory protective devices. Specifically, the rule replaces MSHA regulations with new public health regulations, while also upgrading testing requirements for particulate filters. This action is the first of a series of modules that will incrementally upgrade current respirator approval requirements. This modular approach will allow improvements to be implemented on a safety and health priority basis as well as facilitate adaptation to new requirements by the manufacturers and users of respirators. It will also expedite the incorporation of technological advancements and will allow for the expeditious response to emerging hazards. Except for the particulate-filter requirements, most requirements of the existing regulations are incorporated into the new regulations without change. The revised testing requirements for particulate filters significantly improve the effectiveness of evaluating air- purifying filters to remove toxic particulates from the ambient air. These requirements are consistent with two decades of advances in respiratory protection technology. The certification of air-purifying respirators under the final rule will also enable respirator users to select from a broader range of certified respirators that meet the performance criteria recommended by CDC for respiratory devices used in health-care settings for protection against Mycobacterium tuberculosis (Mtb), the infectious agent that causes tuberculosis (TB). Elsewhere in this separate part of the Federal Register, MSHA is publishing a final rule to remove existing regulations which are made obsolete by this final rule.