29 CFR 1926 · Construction · Subpart Z

1926.1153(e): Respiratory Protection for Silica in Construction

By Black Belt Safety Editorial Team Official text as of October 15, 2026 Data updated October 19, 2026 4 min read

In plain words:

Construction employers must provide an appropriate respirator, complying with 1910.134, where Table 1 specifies it or, for other tasks or when Table 1 is not fully followed, where silica exposures exceed the PEL during listed situations. Where respirators are required a respiratory protection program is required, and fully and properly following Table 1 counts as compliance for respirator selection.

Key takeaways

  • 1926.1153(e) is part of OSHA's construction standards (29 CFR Part 1926, Subpart Z).
  • OSHA cited it 123 times in the last 3 years, in 109 inspections, with $149,975 in current penalties.
  • 1 death is linked to inspections that cited this rule.
  • Most citations: MI (11), KY (10), OH (10).
  • Related part: 1926.1153(e)(2) Respiratory protection program (68 citations).
  • Free 5-minute toolbox talk for your crew below.
123citations, 3 years
$149,975current penalties
109inspections
1linked deaths
In this article
  1. What this rule covers
  2. Official text
  3. Injuries linked to this rule
  4. Where and how often it was cited
  5. Free toolbox talk
  6. OSHA interpretation letters
  7. Related parts of this rule
  8. Get your crew competent
  9. Frequently asked questions
  10. About this page

What this rule covers

29 CFR 1926.1153(e) ("Respiratory protection") is one requirement inside 1926.1153 Respirable crystalline silica, an OSHA construction standard (Part 1926, Subpart Z). It includes 8 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

(e) Respiratory protection — 123 citations

(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: Open (e)(1) 55 citations

(i) Where specified by Table 1 of paragraph (c) of this section; or 8 citations

(ii) For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: Open (e)(1)(ii) 25 citations

(A) Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls;

(B) Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; and

(C) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL. Open (e)(1)(ii)(c)

(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. Open (e)(2) 68 citations

(3) Specified exposure control methods. For the tasks listed in Table 1 in paragraph (c) of this section, if the employer fully and properly implements the engineering controls, work practices, and respiratory protection described in Table 1, the employer shall be considered to be in compliance with paragraph (e)(1) of this section and the requirements for selection of respirators in 29 CFR 1910.134(d)(1)(iii) and (d)(3) with regard to exposure to respirable crystalline silica.

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).

Employee collapses due to severe asthma attack and later die
2024-05-07 · Fatal · TIMBER LAKE, SD

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

YearCitations
20239
202458
202532
202624

Top states: MI (11), KY (10), OH (10), IL (9), MA (8)

Largest penalties

EmployerLocationPenalty for this rule
TRI-STATE CONSTRUCTION, INC.PHILADELPHIA, PA$16,550
D.I.N.S, INC.BROOMFIELD, CO$6,453
COMPLETE DISMANTLING SERVICES, LLCWESTPORT, CT$6,452
JOSEPH RIZZO & SONS CONSTRUCTION COMPANY, INC.GEORGETOWN, DE$5,296
JM ROMICH ENTERPRISES, INCGREECE, NY$5,250

Free toolbox talk

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OSHA interpretation letters

Related parts of this rule

Get your crew competent

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Trainers and suppliers: feature your business on this rule for $25/month.

Frequently asked questions

When are respirators required for silica in construction?

Where specified by Table 1, or for tasks not in Table 1 or when Table 1 is not fully implemented, where exposures exceed the PEL in the listed situations.

Is a respirator program required?

Yes. Where respirator use is required, the employer must have a respiratory protection program under 1910.134.

What if we follow Table 1 exactly?

Fully and properly implementing Table 1 controls, practices and respiratory protection is considered compliance with this paragraph.

About this page

Sources

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.

Written and reviewed by

Black Belt Safety Editorial Team

Site Safety Officer and Safety Professional

OSHA 30 · CPR · USACE CQM

Written and reviewed by the Black Belt Safety team. Every post is checked against the OSHA standard or agency source it cites.

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