1910.134(a): Respirator Use and Program Requirement
Employers must first try to prevent air contamination from harmful dusts, fumes, gases, vapors and similar hazards using engineering controls like enclosure, ventilation and substitution. When those are not feasible or are being installed, suitable respirators must be provided to each employee who needs one, and the employer must set up and maintain a respiratory protection program covering each employee required to use a respirator.
Key takeaways
- 1910.134(a) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart I).
- OSHA cited it 314 times in the last 3 years, in 313 inspections, with $564,787 in current penalties.
- Most citations: MN (223), TX (22), MI (11).
- Related part: 1910.134(a)(2) (302 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.134(a) ("Permissible practice") 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
(a) Permissible practice. 314 citations
(1) In the control of those occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination. This shall be accomplished as far as feasible by accepted engineering control measures (for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials). When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to this section. Open (a)(1) 12 citations
(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program, which shall include the requirements outlined in paragraph (c) of this section. The program shall cover each employee required by this section to use a respirator. Open (a)(2) 302 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.134.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 9 |
| 2024 | 96 |
| 2025 | 135 |
| 2026 | 74 |
Top states: MN (223), TX (22), MI (11), OR (9), PA (7)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ACCURATE ENERGETIC SYSTEMS, LLC | MC EWEN, TN | $54,000 |
| TURNER INDUSTRIES | FREEPORT, TX | $16,550 |
| RYNONE MANUFACTURING CORP. | SAYRE, PA | $14,895 |
| INNOVATION FOODS | MILLVILLE, NJ | $14,518 |
| OWENS & MINOR, INC. | NORTH KANSAS CITY, MO | $11,291 |
Free toolbox talk
A 5-minute crew talk on 1910.134(a), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirement for employer to assess potential hazards of handling trailer debris to provide necessary PPE and hazard communication information to affected employees. (2007-07-03)
- Facial hair and voluntary use of filtering facepiece respirators. (2006-02-06)
- Respirators for silica dust must be selected based on exposure levels. (1999-05-12)
- Hierarchy of air contaminant controls; respirators for emergencies. (1993-01-26)
- Paragraph (a)(2) applies to respirators provided for emergency use. (1983-12-22)
Related parts of this rule
- 1910.134(a)(2) 302 citations
- 1910.134(a)(1) 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
Are respirators the first choice?
No. The primary objective is to prevent contamination using engineering controls as far as feasible; respirators are used when those are not feasible or while they are being put in place.
Who provides respirators?
The employer must provide respirators that are applicable and suitable for the purpose.
Is a written program required?
The employer must establish and maintain a respiratory protection program that includes the requirements in paragraph (c).
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.