Required Respirator Provision Compliance

6739 (c) Selection of Respirators

The employer must select and provide a NIOSH certified respirator based on label, restricted materials permit, regulation, or employer requirements, whichever is most protective. Selection should be from various respirator models and sizes to make sure the respirator fits the user correctly.

6739 (d) Medical Evaluation

Conduct a medical evaluation before the employee is fit tested or uses the respirator for work. The medical evaluation process involves the following:

1. Identify a physician or licensed health care professional (PLHCP)
2. Either have employee fill out medical questionnaire found in California Code of Regulation (CCR), section 6739 (q) or send employee to the PLHCP for an initial medical examination
   • Employee fills out the questionnaire during work hours and confidentially
3. Provide the PLHCP with the following:
   1. The type and weight of respirator
      • How often and how long the respirator will be worn
   2. The type of work to be performed
      • Other PPE that will be worn
   3. The temperature extremes expected
   4. A copy of your written respiratory protection program and a copy of CCR, section 6739.
      • The Medical Recommendation form found in CCR, section 6739 (s)
4. After the medical evaluation, make certain to obtain the completed Medical Recommendation form you originally gave the PLHCP. You will need this for your records.

6739 (e) Fit Testing

The employer must conduct a fit test before the employee uses the respirator and annually thereafter. See the table on reverse for the type of fit test allowable for various types of respirators. Fit testing needs to be done according to Cal/OSHA-accepted protocols: Title 8, CCR, section 5144, Appendix A.

1. Do another fit test whenever a new respirator is used, any condition arises that could or does affect respirator fit, or if the employee mentions the respirator doesn’t fit right.

6739 (m) Training and Information

The employer must ensure an employee is trained prior to using a
respirator and that the employee understands the following:

1. Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator
2. Limitations and capabilities of the respirator
3. How to use the respirator in an emergency, including respirator malfunction
4. How to inspect, put on and remove, use, and check the seals of the respirator
5. Procedures for maintenance and storage of the respirator
6. How to recognize medical signs and symptoms that

(c) Select NIOSH Certified Respirators

•  Required

(d) Medical Evaluation

• Required 

(d)(1)(A) Find Physician or Licensed Health Care Professional (PLHCP)

• Required

(d)(3) Administer Medical Questionnaire and Examination confidentially

• Required

(d)(5) Obtain Medical Recommendation,use form in subsection (s)

• Required

(e) Conduct Fit Test

• Qualitative Okay (Defined in Regulation)

(o) End of Service Life

• Discard at end of workday

(c) Select NIOSH Certified Respirators

•  Required 

(d) Medical Evaluation

• Required 

(d)(1)(A) Find Physician or Licensed Health Care Professional (PLHCP)

• Required

(d)(3) Administer Medical Questionnaire and Examination confidentially

• Required

(d)(5) Obtain Medical Recommendation,use form in subsection (s)

• Required

(e) Conduct Fit Test

• Qualitative or Quantitative (Defined in Regulation) 

(o) End of Service Life

• Discard at first Indication of odor, taste, or irritation that persists even after adjustment

(c) Select NIOSH Certified Respirators

•  Required

(d) Medical Evaluation

• Required

(d)(1)(A) Find Physician or Licensed Health Care Professional (PLHCP)

• Required

(d)(3) Administer Medical Questionnaire and Examination confidentially

• Required  (Only if employer provides the respirator)

(d)(5) Obtain Medical Recommendation,use form in subsection (s)

• Required  (Only if employer provides the respirator)

(e) Conduct Fit Test

• Qualitative or Quantitative (Defined in Regulation)

(o) End of Service Life

• Discard at first Indication of odor, taste, or irritation that persists even after adjustment

(c) Select NIOSH Certified Respirators

• Required

(d) Medical Evaluation

• Required

(d)(1)(A) Find Physician or Licensed Health Care Professional (PLHCP)

• Required

(d)(3) Administer Medical Questionnaire and Examination confidentially

• Required

(d)(5) Obtain Medical Recommendation,use form in subsection (s)

• Required

(e) Conduct Fit Test

• Quantitative Only (Defined in Regulation)

(o) End of Service Life

• Discard at first Indication of odor, taste, or irritation that persists even after adjustment

(c) Select NIOSH Certified Respirators

• Required

(d) Medical Evaluation

• Required

(d)(1)(A) Find Physician or Licensed Health Care Professional (PLHCP)

• Required

(d)(3) Administer Medical Questionnaire and Examination confidentially

• Required

(d)(5) Obtain Medical Recommendation,use form in subsection (s)

• Required

(e) Conduct Fit Test

• Quantitative Only (Defined in Regulation)

(o) End of Service Life

• Discard at first Indication of odor, taste, or irritation that persists even after adjustment

Full compliance involves establishing a Written Respiratory Protection Program that must include the following provisions:

1. Procedures for selecting respirators for use in the workplace
2. Medical evaluations of employees required to use respirators
3. Fit testing procedures for tight-fitting respirators
4. Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations
5. Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and maintaining respirators
6. Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators
7. Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency
8. situations, including Immediately Dangerous to Life or Health (IDLH) atmospheres
9. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their
10. use, and their maintenance
11. Procedures for evaluating the effectiveness of the program pursuant to subsections (n)(1) and (2)
    1. The respirator program administrator (as defined in text of final regulations) shall administer the respiratory protection program in compliance with CCR, section 6739
    2. The employer shall provide respirators, training, and medical evaluations at no cost to the employee

For a functional guide to help you develop a Written Respiratory Protection Program and the full text of California Code of Regulations (CCR), section 6739, it is highly recommended that you read:

• Text of Final Respirator Regulations - CCR 6739(PDF: 114kB)
• DPR’s Guidelines for Development of a Respiratory Protection Program (HS-1513)(PDF: 106kB)