1926.1153(e)(1)(ii): Silica Respirators Outside Table 1
For tasks not listed in Table 1, or where the employer does not fully and properly implement the Table 1 controls, work practices and respiratory protection, respirators are required when exposures exceed the PEL while installing feasible controls, during tasks where controls are not feasible, and when all feasible controls still do not reduce exposure to or below the PEL.
Key takeaways
- 1926.1153(e)(1)(ii) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 25 times in the last 3 years, in 23 inspections, with $21,765 in current penalties.
- Most citations: OH (6), KY (3), IL (3).
- Related part: 1926.1153(e) Respiratory protection (123 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1153(e)(1)(ii) is one requirement inside 1926.1153 Respirable crystalline silica, an OSHA construction standard (Part 1926, Subpart Z). It includes 3 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
(ii) For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: 25 citations
(A) Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls;
(B) Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; and
(C) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL. Open (e)(1)(ii)(c)
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1153.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 13 |
| 2025 | 7 |
| 2026 | 5 |
Top states: OH (6), KY (3), IL (3), CO (2), TX (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| D.I.N.S, INC. | BROOMFIELD, CO | $6,453 |
| JOSEPH RIZZO & SONS CONSTRUCTION COMPANY, INC. | GEORGETOWN, DE | $5,296 |
| K.L.F. ENTERPRISES, INC. | WAUKEGAN, IL | $3,726 |
| FELIPE ESCOBAR PINALES | EL PASO, TX | $3,547 |
| FIKE INDUSTRIAL CONSTRUCTION, LLC. | ANCHORAGE, AK | $2,743 |
Free toolbox talk
A 5-minute crew talk on 1926.1153(e)(1)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Interim Enforcement Guidance for the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153 (2017-10-19)
Related parts of this rule
- 1926.1153(e) Respiratory protection 123 citations
- 1926.1153(e)(2) Respiratory protection program 68 citations
- 1926.1153(e)(1) General 55 citations
- 1926.1153(e)(1)(ii)(C)
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Frequently asked questions
When does this paragraph apply?
For tasks not listed in Table 1, or when Table 1 controls are not fully and properly implemented.
When is respiratory protection needed then?
When exposures exceed the PEL while installing controls or during tasks where controls are not feasible, and when feasible controls are not sufficient to reach the PEL.
Are controls still required?
The paragraph refers to installing and implementing feasible engineering and work practice controls, with respirators required in the listed situations.
About this page
Sources
- 29 CFR 1926.1153 (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.