1910.134(c)(2)(ii): Program Elements for Voluntary Respirator Use
Employers must set up and carry out the parts of a written respiratory protection program needed to make sure workers who wear respirators voluntarily are medically able to use them and that the respirators are cleaned, stored and maintained safely. Workers whose only voluntary use is filtering facepieces (dust masks) do not have to be included.
Key takeaways
- 1910.134(c)(2)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart I).
- OSHA cited it 781 times in the last 3 years, in 781 inspections, with $760,401 in current penalties.
- 4 deaths are linked to inspections that cited this rule.
- Most citations: MN (97), OR (57), NY (50).
- 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)(ii) is one requirement inside 1910.134 Respiratory protection, an OSHA general industry standard (Part 1910, Subpart I). 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) 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). 781 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.134.
Injuries linked to this rule
4 deaths are linked to inspections where OSHA cited 1910.134(c)(2)(ii).
At 10:35 a.m. on December 2, 2024, Employee #1 was performing maintenance on a sensor inside a robotic enclosure. As he entered the area, the robot was stoppedby entrance sensors. While he was cleaning the sensor, a coworker reset the machine from the control panel,…
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 | 46 |
| 2024 | 288 |
| 2025 | 254 |
| 2026 | 193 |
Top states: MN (97), OR (57), NY (50), VA (43), PA (41)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DLNR-DIVISION OF FORESTRY AND WILDLIFE | HONOLULU, HI | $47,285 |
| CHAMPION HOME BUILDERS INC. | SANGERFIELD, NY | $14,188 |
| TSR CONCRETE COATINGS | ROCK ISLAND, IL | $11,524 |
| FORBO FLOORING, INC. | HAZLETON, PA | $10,214 |
| NOVIPAX BUYER LLC | EL PASO, TX | $9,458 |
Free toolbox talk
A 5-minute crew talk on 1910.134(c)(2)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
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) 1,789 citations
- 1910.134(c)(2)(i) 838 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
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Frequently asked questions
Do voluntary respirator users need a medical evaluation?
Yes. The employer must make sure voluntary users are medically able to use the respirator, unless they only use filtering facepieces (dust masks).
Are dust masks included?
No. Employees whose only use is voluntary use of filtering facepieces do not need to be included in the written program.
What else must the program cover for voluntary users?
That respirators are cleaned, stored and maintained so they do not present a health 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.