La. Admin. Code tit. 33 § XV-442

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-442 - Use of Individual Respiratory Protection Equipment

A. If the licensee or registrant assigns or permits the use of respiratory protection equipment to limit intakes in accordance with LAC 33:XV.441:

1. except as provided in Paragraph A.2 of this Section, the licensee or registrant shall use only respiratory protection equipment that is tested and certified or has had certification extended by the National Institute for Occupational Safety and Health/Mine Safety and Health Administration (NIOSH/ MSHA);

2. the licensee or registrant may use equipment that has not been tested or certified by NIOSH/MSHA, has not had certification extended by NIOSH/MSHA, or for which there is no schedule for testing or certification, provided the licensee or registrant has submitted to the Office of Environmental Compliance and the Office of Environmental Compliance has approved an application for authorized use of that equipment, including a demonstration by testing, or a demonstration on the basis of test information, that the material and performance characteristics of the equipment are capable of providing the proposed degree of protection under anticipated conditions of use;

3. the licensee or registrant shall implement and maintain a respiratory protection program that includes:

a. air sampling sufficient to identify the potential hazard, permit proper equipment selection, and estimate doses;

b. surveys and bioassays, as appropriate, to evaluate actual intakes;

c. tests of respirators for operability (user seal check for face sealing devices and functional check for others) immediately prior to each use;

d. providing atmosphere-supplying respirators with respirable air of grade D quality or better as defined by the Compressed Gas Association in publication G-7.1, "Commodity Specification for Air," 1997, and included in the regulations of the Occupational Safety and Health Administration (29 CFR 1910.134(i)(1)(ii)(A) through (E)). Grade D quality air criteria include:

i. oxygen content (v/v) of 19.5-23.5 percent;

ii. hydrocarbon (condensed) content of 5 milligrams per cubic meter of air or less;

iii. carbon monoxide (CO) content of 10 ppm or less;

iv. carbon dioxide content of 1,000 ppm or less; and

v. lack of noticeable odor;

e. fit testing, with fit factor [GREATER THAN EQUALS TO]10 times the APF for negative pressure devices, and a fit factor [GREATER THAN EQUALS TO]500 for any positive pressure, continuous flow, and pressure-demand devices, before the first field use of tight fitting, face-sealing respirators and periodically thereafter at a frequency not to exceed one year. Fit testing must be performed with the facepiece operating in the negative pressure mode;

f. written procedures regarding:

i. monitoring, including air sampling and bioassays;

ii. supervision and training of respirator users;

iii. fit testing;

iv. respirator selection;

v. breathing air quality;

vi. inventory and control;

vii. storage, issuance, maintenance, repair, testing, and quality assurance of respiratory protection equipment;

viii. recordkeeping; and

ix. limitations on periods of respirator use and relief from respirator use;

g. determination by a physician prior to the initial fitting of a respirator, prior to the first field use of a non-face sealing respirator, and at least every 12 months thereafter, or periodically at a frequency determined by a physician, that the individual user is medically fit to use the respiratory protection equipment;

4. the licensee or registrant shall issue and comply with a written policy statement on respirator usage covering:

a. the use of process or other engineering controls, instead of respirators;

b. the routine, nonroutine, and emergency use of respirators; and

c. the length of periods of respirator use and relief from respirator use.

5. the licensee or registrant shall make available sufficient standby rescue persons to assist all respirator users and to provide effective emergency rescue if needed, and shall provide for the availability of standby rescue persons who:

a. are required to be present in situations whenever one-piece atmosphere-supplying suits, or any combination of supplied air respiratory protection device and personnel protective equipment are used from which an unaided individual would have difficulty extricating himself or herself;

b. must be equipped with respiratory protection devices or other apparatus appropriate for the potential hazards; and

c. shall observe or otherwise maintain continuous communication with the workers (by visual, voice, signal line, telephone, radio, or other suitable means) and be immediately available to assist them in case of a failure of the air supply or for any other reason that requires relief from distress;

6. the licensee or registrant shall advise each respirator user that the user may leave the area at any time for relief from respirator use in the event of equipment malfunction, physical or psychological distress, procedural or communication failure, significant deterioration of operating conditions, or any other conditions that might require such relief; and

7. the licensee or registrant shall use respiratory protection equipment within the equipment manufacturer's expressed limitations for type and mode of use and shall provide proper visual, communication, and other special capabilities, such as adequate skin protection, when needed.

B. When estimating exposure of individuals to airborne radioactive materials, the licensee or registrant may make allowance for respiratory protection equipment used to limit intakes pursuant to LAC 33:XV.441, provided that the following conditions, in addition to those in LAC 33:XV.442.A, are satisfied:

1. the licensee or registrant selects respiratory protection equipment that provides a protection factor, specified in LAC 33:XV.499.Appendix A, greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in LAC 33:XV.499.Appendix B, Table I, Column 3. However, if the selection of respiratory protection equipment with a protection factor greater than the peak concentration is inconsistent with the goal specified in LAC 33:XV.441 of keeping the total effective dose equivalent ALARA, the licensee or registrant may select respiratory protection equipment with a lower protection factor provided that such a selection would result in a total effective dose equivalent that is ALARA. The concentration of radioactive material in the air that is inhaled when respirators are worn may be initially estimated by dividing the average concentration in air, during each period of uninterrupted use, by the protection factor. If the exposure is later found to be greater than initially estimated, the corrected value shall be used; if the exposure is later found to be less than initially estimated, the corrected value may be used; and

2. the licensee or registrant shall obtain authorization from the Office of Environmental Compliance before assigning respiratory protection factors in excess of those specified in LAC 33:XV.499.Appendix A. The department may authorize a licensee or registrant to use higher protection factors on receipt of an application that:

a. describes the situation for which a need exists for higher protection factors; and

b. demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use.

C. In an emergency, the licensee or registrant shall use as emergency equipment only respiratory protection equipment that has been specifically certified or had certification extended for emergency use by NIOSH/MSHA.

D. The licensee or registrant shall notify the Office of Environmental Compliance in writing at least 30 days before the date that respiratory protection equipment is first used pursuant to either Subsection A or B of this Section.

La. Admin. Code tit. 33, § XV-442

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 19:1421 (November 1993), LR 22:972 (October 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2577 (November 2000), LR 29:1469 (August 2003), LR 30:1666 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2529 (October 2005), LR 32:812 (May 2006), LR 33:2182 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.