1910.134(e)(1): Medical evaluation before respirator use
The employer must provide a medical evaluation to determine whether an employee can use a respirator before the employee is fit tested or required to wear one at work. Evaluations may stop once the employee is no longer required to use a respirator.
Key takeaways
- 1910.134(e)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart I).
- OSHA cited it 2,526 times in the last 3 years, in 2,526 inspections, with $2,861,001 in current penalties.
- 9 deaths are linked to inspections that cited this rule.
- Most citations: IL (203), PA (162), OR (154).
- Related part: 1910.134(e) Medical evaluation (2,653 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.134(e)(1) ("General") 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
(1) General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator. 2,526 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.134.
Injuries linked to this rule
9 deaths are linked to inspections where OSHA cited 1910.134(e)(1).
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 | 158 |
| 2024 | 1,015 |
| 2025 | 791 |
| 2026 | 562 |
Top states: IL (203), PA (162), OR (154), NY (137), FL (128)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DANA CONTAINER, INC. | PAULSBORO, NJ | $76,043 |
| KENRIC STEEL, LLC | MILLVILLE, NJ | $69,140 |
| JOSEPH'S FOOD PRODUCTS COMPANY INC. | BROADVIEW, IL | $50,000 |
| SV LABS PRESCOTT CORPORATION | PRESCOTT, WI | $42,558 |
| KEOKUK MILLS, LLC | KEOKUK, IA | $30,650 |
Free toolbox talk
A 5-minute crew talk on 1910.134(e)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Escape-only respirators (2019-09-04)
- Fit testing and medical monitoring requirements for wearers of filtering facepiece respirators. (2002-06-12)
Related parts of this rule
- 1910.134(e) Medical evaluation 2,653 citations
- 1910.134(e)(6) Medical determination 52 citations
- 1910.134(e)(6)(i) 52 citations
- 1910.134(e)(2) Medical evaluation procedures 22 citations
- 1910.134(e)(4) Administration of the medical questionnaire and examinations 19 citations
- 1910.134(e)(2)(i) 17 citations
- 1910.134(e)(7) Additional medical evaluations 17 citations
- 1910.134(e)(4)(i) 16 citations
- 1910.134(e)(7)(ii) 11 citations
- 1910.134(e)(5) Supplemental information for the PLHCP 10 citations
- 1910.134(e)(5)(i) 6 citations
- 1910.134(e)(3) Follow-up medical examination 5 citations
Get your crew competent
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Frequently asked questions
Who pays for the respirator medical evaluation?
The employer provides it. Paragraph (e)(1) requires the employer to provide the evaluation.
Can the evaluation happen after fit testing?
No. It must come before the employee is fit tested or required to use the respirator.
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.