IV.
Certification/Approval Procedures Section 1910.134(b)(8) of the previous standard
required that only those respirators approved jointly by NIOSH and MSHA be used by the
employer. The current respirator testing and approval regulation, 30 CFR 11, which
authorized the Bureau of Mines and NIOSH to jointly approve respiratory protection
devices, was promulgated on March 25, 1972 at 37 FR 6244. On November 5, 1974 the Mine
Enforcement Safety Administration (MESA) succeeded the Bureau of Mines and joined NIOSH in
jointly approving respirators. Following the transfer of MESA to the Department of Labor,
where it became the Mine Safety and Health Administration (MSHA), authority was
transferred on March 24, 1978 to MSHA for joint approval with NIOSH of respirators. Most
of the Bureau's respiratory testing methods, developed in the 1950s or earlier, were
changed in the 1970s to reflect changes in testing technology.
NIOSH initiated revision of 30 CFR 11 in 1980. A public meeting was held in July 1980
to address the certification program. On August 27, 1987, NIOSH published a notice of
proposed rulemaking (52 FR 32402) that would have allowed NIOSH to certify respirators
under the new 42 CFR part 84 regulations, replacing the current joint NIOSH/MSHA 30 CFR 11
certification regulations. The proposed NIOSH certification regulations contained new and
revised requirements for testing and certification of respirators, and included a set of
assigned protection factors for various classes of respirators. Public hearings on the
first draft of the NIOSH proposal were held in January 1988. On the basis of the comments
received, NIOSH prepared a revised proposal for further public comment. On June 8, 1995
NIOSH published revised respirator certification procedures for particulate respirators
(60 FR 30336) and recodified the previous certification standards for the other respirator
classes as 42 CFR Part 84. These certification procedures address N, P and R class
particulate respirators at 95%, 99%, and 99.7% levels of effectiveness. Additional public
comment was sought at public meetings convened in June 1996 to assist NIOSH in preparation
of future rulemakings that will continue the revision of the certification procedures for
other classes of respirators. In October 1997, NIOSH announced the intended priority order
for these future rulemakings. Relevant aspects of these proceedings are discussed in the
Summary and Explanation.
[63 FR 1152, January 8, 1998]