1926.1153(e): Respiratory Protection for Silica in Construction
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).
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In this article
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).
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 | 9 |
| 2024 | 58 |
| 2025 | 32 |
| 2026 | 24 |
Top states: MI (11), KY (10), OH (10), IL (9), MA (8)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| TRI-STATE CONSTRUCTION, INC. | PHILADELPHIA, PA | $16,550 |
| D.I.N.S, INC. | BROOMFIELD, CO | $6,453 |
| COMPLETE DISMANTLING SERVICES, LLC | WESTPORT, CT | $6,452 |
| JOSEPH RIZZO & SONS CONSTRUCTION COMPANY, INC. | GEORGETOWN, DE | $5,296 |
| JM ROMICH ENTERPRISES, INC | GREECE, NY | $5,250 |
Free toolbox talk
A 5-minute crew talk on 1926.1153(e), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Types of construction work excluded from the Silica standard (2019-07-25)
- Medical surveillance requirements in OSHA’s respirable crystalline silica standard for construction (2018-02-02)
- Interim Enforcement Guidance for the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153 (2017-10-19)
Related parts of this rule
- 1926.1153(e)(2) Respiratory protection program 68 citations
- 1926.1153(e)(1) General 55 citations
- 1926.1153(e)(1)(ii) 25 citations
- 1926.1153(e)(1)(ii)(C)
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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
- 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.
