OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

August 3, 1983

 
MEMORANDUM FOR: JAMES W. LAKE
Regional Administrator
 
FROM: JOHN B. MILES, JR.
Director Office of Field Coordination
 
SUBJECT: Interpretation of 29 CFR 1910.1025(f)(2)(ii)
 

This is in response to your June 27, 1983, memorandum to Mr. Bruce Hillenbrand concerning an interpretation of the lead standard.

OSHA never amended the powered, air-purifying respirator section of the lead standard (29 CFR 1910.1025(f)(2)(ii)). On March 1, 1979, there was a partial judicial stay on the lead standard which included 1910.1025(f)(2)(ii). During the period of the stay, the court specified that employers were required to provide powered, air-purifying respirators in lieu of the respirators specified in Table II of the lead standard only when the physical characteristics of the employees were such that the respirators specified in Table II were inadequate for those employees' protection. This partial judicial stay was published in the Federal Register on March 13, 1979.

On June 29, 1981, the partial stay on (f)(2)(ii) was lifted. OSHA administratively set December 29, 1981, as the date all obligations of the November 14, 1978 publication of 1910.1025(f)(2)(ii)(a) and (b) must commence.

In summary, the court specified a coion when 1910.1025(f)(2)(ii) must be complied with during the judicial stay. Once the stay was lifted, 1910.1025(f)(2)(ii)(a) and (b) as originally published replaced the limited condition specified by the court.