1926.1153(e)(2): Respiratory Protection Program for Silica
Where this silica standard requires respirator use, employers must set up a respiratory protection program in accordance with 29 CFR 1910.134.
Key takeaways
- 1926.1153(e)(2) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
- OSHA cited it 68 times in the last 3 years, in 68 inspections, with $75,276 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: MI (8), PA (6), IL (5).
- 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)(2) ("Respiratory protection program") is one requirement inside 1926.1153 Respirable crystalline silica, an OSHA construction standard (Part 1926, Subpart Z). 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
(2) Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134. 68 citations
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)(2).
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 | 6 |
| 2024 | 32 |
| 2025 | 18 |
| 2026 | 12 |
Top states: MI (8), PA (6), IL (5), CT (5), SD (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TRI-STATE CONSTRUCTION, INC. | PHILADELPHIA, PA | $16,550 |
| CENTENNIAL CONCRETE & WATERPROOFING LLC | GREENWOOD VILLAGE, CO | $5,000 |
| PERFORMANCE PERSONNEL SERVICES OF PENSACOLA, LLC | MOBILE, AL | $4,766 |
| TOTAL DEMOLITION SERVICES LLC | ENID, OK | $3,500 |
| BAILEY PHOENIX INC. | PHILADELPHIA, PA | $3,476 |
Free toolbox talk
A 5-minute crew talk on 1926.1153(e)(2), 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)
Related parts of this rule
- 1926.1153(e) Respiratory protection 123 citations
- 1926.1153(e)(1) General 55 citations
- 1926.1153(e)(1)(ii) 25 citations
- 1926.1153(e)(1)(ii)(C)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
When is a respiratory protection program required under the silica rule?
Where respirator use is required by 1926.1153.
What standard must the program follow?
29 CFR 1910.134.
Who must set up the program?
The employer.
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 2026-10-19
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.