1910.134(c)(2): Voluntary respirator use
When respirators are not required, an employer may still provide them on request or let employees use their own, if that use will not create a hazard. Voluntary users must be given the information in Appendix D of the standard, and the employer must have the parts of a written program needed to make sure they are medically able to use the respirator and that it is cleaned, stored and maintained safely. Employees whose only respirator use is voluntary use of filtering facepieces (dust masks) do not have to be in a written program.
Key takeaways
- 1910.134(c)(2) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart I).
- OSHA cited it 1,789 times in the last 3 years, in 1,500 inspections, with $1,244,710 in current penalties.
- 8 deaths are linked to inspections that cited this rule.
- Most citations: MI (162), OR (136), MN (124).
- Related part: 1910.134(c) Respiratory protection program (4,071 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.134(c)(2) is one requirement inside 1910.134 Respiratory protection, an OSHA general industry standard (Part 1910, Subpart I). It includes 2 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(2) Where respirator use is not required: 1,789 citations
(i) An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in appendix D to this section (“Information for Employees Using Respirators When Not Required Under the Standard”); and Open (c)(2)(i) 838 citations
(ii) In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks). Open (c)(2)(ii) 781 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.134.
Injuries linked to this rule
8 deaths are linked to inspections where OSHA cited 1910.134(c)(2).
On December 9, 2024, an employee working as a laborer for a power washing service had soaked one barn and was getting ready to wash another barn. The employee prepared the equipment in order to clean and wash the barn. He then entered a barn…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 112 |
| 2024 | 649 |
| 2025 | 585 |
| 2026 | 443 |
Top states: MI (162), OR (136), MN (124), NY (111), TN (111)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DLNR-DIVISION OF FORESTRY AND WILDLIFE | HONOLULU, HI | $49,645 |
| CHAMPION HOME BUILDERS INC. | SANGERFIELD, NY | $14,188 |
| CAVCO INDUSTRIES INC. | AUSTIN, TX | $13,828 |
| TSR CONCRETE COATINGS | ROCK ISLAND, IL | $11,524 |
| NEW MEXICO HIGHLANDS UNIVERSITY | LAS VEGAS, NM | $11,250 |
Free toolbox talk
A 5-minute crew talk on 1910.134(c)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Voluntary use respirators (2018-04-26)
- Filtering facepiece respirators and medical evaluations (2018-04-24)
- Numerous questions on filtering facepiece/dusk mask respirators. (2011-11-22)
- Use of smoke escape hoods meeting the ANSI-ISEA standard (2010-08-11)
- Facial hair and voluntary use of filtering facepiece respirators. (2006-02-06)
- Respirators for voluntary use and cleaning respirators during fit testing. (1999-10-01)
Related parts of this rule
- 1910.134(c) Respiratory protection program 4,071 citations
- 1910.134(c)(1) 2,038 citations
- 1910.134(c)(2)(i) 838 citations
- 1910.134(c)(2)(ii) 781 citations
- 1910.134(c)(3) 83 citations
- 1910.134(c)(1)(ii) 56 citations
- 1910.134(c)(1)(iii) 31 citations
- 1910.134(c)(1)(viii) 20 citations
- 1910.134(c)(1)(ix) 18 citations
- 1910.134(c)(1)(i) 17 citations
- 1910.134(c)(1)(v) 17 citations
- 1910.134(c)(1)(iv) 12 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Do voluntary dust mask users need medical evaluations?
No written program is required for employees whose only use is voluntary use of filtering facepieces (dust masks). They must still get the Appendix D information.
What about voluntary use of a half-face cartridge respirator?
The employer must implement the program elements needed to make sure the user is medically able to use it and that it is cleaned, stored and maintained so it is not a hazard.
About this page
Sources
- 29 CFR 1910.134 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.