1910.134(d)(1)(ii): Use a NIOSH-Certified Respirator
Employers must select a NIOSH-certified respirator, and the respirator must be used in compliance with the conditions of its certification.
Key takeaways
- 1910.134(d)(1)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart I).
- OSHA cited it 74 times in the last 3 years, in 74 inspections, with $45,238 in current penalties.
- Most citations: OR (11), TN (10), VA (9).
- Related part: 1910.134(d) Selection of respirators (573 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.134(d)(1)(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) The employer shall select a NIOSH-certified respirator. The respirator shall be used in compliance with the conditions of its certification. 74 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 | 1 |
| 2024 | 25 |
| 2025 | 29 |
| 2026 | 19 |
Top states: OR (11), TN (10), VA (9), MD (5), NC (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ND PAPER INC. | RUMFORD, ME | $9,698 |
| PACIFIC SHIPYARDS INTERNATIONAL, LLC | HONOLULU, HI | $6,347 |
| PCM CONSTRUCTION INC. | RESTON, VA | $5,981 |
| COMMUNITY VETERINARY PARTNERS | BRYN MAWR, PA | $4,070 |
| MEIER GRANITE COMPANY | FRANKLIN PARK, IL | $2,917 |
Free toolbox talk
A 5-minute crew talk on 1910.134(d)(1)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Clarifications for breathing air quality and use (2023-05-31)
- Enforcement Guidance on Decontamination of Filtering Facepiece Respirators in Healthcare During the Coronavirus Disease 2019 (COVID-19) Pandemic (2020-04-24)
- Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic (2020-04-03)
- Temporary Enforcement Guidance - Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak (2020-03-14)
- OSHA requirements for respirator fit testing with and without facepiece accessories (2017-01-17)
- Respirators for voluntary use and cleaning respirators during fit testing. (1999-10-01)
- Using combinations of respiratory protection not approved by NIOSH. (1999-01-29)
- NIOSH approved respirator during the period of an employee's escape from a chemical release of phosgene. (1997-07-01)
- SCBA cylinder interchangeability. (1997-06-20)
- Use of non-approved respirators and improper use of approved respirators (1991-01-24)
- NIOSH eliminates maximum use concentrations (MUC) labeling requirement for Chemical Cartridges. (1990-06-04)
Related parts of this rule
- 1910.134(d) Selection of respirators 573 citations
- 1910.134(d)(1) General requirements 477 citations
- 1910.134(d)(1)(iii) 312 citations
- 1910.134(d)(1)(i) 88 citations
- 1910.134(d)(3) Respirators for atmospheres that are not IDLH 86 citations
- 1910.134(d)(3)(iii) 53 citations
- 1910.134(d)(3)(iii)(B) 52 citations
- 1910.134(d)(3)(i) 28 citations
- 1910.134(d)(3)(i)(B) Maximum Use Concentration (MUC) 16 citations
- 1910.134(d)(2) Respirators for IDLH atmospheres 10 citations
- 1910.134(d)(2)(i) 9 citations
- 1910.134(d)(3)(i)(A) Assigned Protection Factors (APFs) 3 citations
Get your crew competent
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Frequently asked questions
What kind of respirator must be selected?
A NIOSH-certified respirator.
Is certification enough?
No. The respirator must also be used in compliance with the conditions of its certification.
Who selects it?
The employer.
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.