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.

September 15, 1987

Mr. Henry P. Leweling
Manager, Regulatory Affairs
Premark International, Inc.
1717 Deerfield Road
Deerfield, Illinois 60015

Dear Mr. Leweling:

This is the followup to our interim response to your letter of July 28, concerning the standard for respiratory protection, 29 CFR 1910.134.

For each employer, the standard applies only to the employer's own employees. When contract workers and individuals visiting your plant on business require respiratory protection while at your facility, their employers are the parties who must comply with the provisions of 29 CFR 1910.134. Companies must inform visiting employers of the precautions needed while in their facilities under paragraph 29 CFR 1910.1200(c) of the Hazard Communication Standard. To facilitate compliance, good communication and cooperation between your company and their employers is advisable.

All provisions of 29 CFR 1910.134 apply to any employee in General Industry who may be required to wear a respirator for egress in an emergency.

It is left to licensed physicians to decide what medical procedures are appropriate for determining whether an employee is physically able to perform the work and use respirators.

[This document was edited on 03/30/99 to strike information that no longer reflects current OSHA policy.]

The questionnaire for visitors you attached to your letter is not required by 29 CFR 1910.134.

Please feel free to contact us again if further assistance is needed.

Sincerely,

John A. Pendergrass
Assistant Secretary