1926.1153(e)(1): When Silica Respirators Are Required
Where the construction silica standard requires respiratory protection, employers must give each employee an appropriate respirator that meets 29 CFR 1910.134. Respirators are required where Table 1 says so, or for other tasks when exposures exceed the PEL while controls are being installed, when controls are not feasible, or when all feasible controls still do not bring exposure to or below the PEL.
Key takeaways
- 1926.1153(e)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 55 times in the last 3 years, in 53 inspections, with $74,699 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: KY (8), OH (8), IL (4).
- 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) ("General") is one requirement inside 1926.1153 Respirable crystalline silica, an OSHA construction standard (Part 1926, Subpart Z). It includes 5 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
(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: 55 citations
(i) Where specified by Table 1 of paragraph (c) of this section; or 8 citations
(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: Open (e)(1)(ii) 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.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.1153(e)(1).
At 8:30 a.m. on May 7, 2024, Employee #1 was preparing to sand an epoxy patch when they exited the area, reporting difficulty breathing. The employee collapsed shortly afterward. Despite immediate attention, the employee later died from a severe asthma attack. The cause of the…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 26 |
| 2025 | 14 |
| 2026 | 12 |
Top states: KY (8), OH (8), IL (4), MA (4), WI (3)
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 |
| JM ROMICH ENTERPRISES, INC | GREECE, NY | $5,250 |
| GARAGE LOGIC, INC. | TIMBER LAKE, SD | $5,161 |
| LOREDO'S MASONRY | MARSHFIELD, MO | $4,688 |
Free toolbox talk
A 5-minute crew talk on 1926.1153(e)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Medical surveillance requirements in OSHA’s respirable crystalline silica standard for construction (2018-02-02)
- 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)(ii) 25 citations
- 1926.1153(e)(1)(ii)(C)
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Frequently asked questions
When do I need a respirator for silica work?
Where Table 1 specifies it, or where exposures exceed the PEL in the situations listed in the rule.
What respirator rules must be followed?
The respirator must be appropriate and comply with this paragraph and 29 CFR 1910.134.
What if controls do not lower exposure enough?
A respirator is required when all feasible controls are not sufficient to reduce exposure to or below the PEL.
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.