NAC459.349. Precautionary procedures: Use of respiratory protective devices.

     1. If a licensee uses respiratory protective devices to limit intakes as required pursuant to NAC 459.347, the licensee shall comply with the following requirements:

     (a) Except as otherwise provided in paragraph (b), the licensee shall use only a respiratory protective device that is tested and certified, or has had certification extended, by the National Institute for Occupational Safety and Health.

     (b) If the licensee wishes to use equipment that has not been tested or certified by the National Institute for Occupational Safety and Health, or for which there is no schedule for testing or certification, the licensee shall submit an application for authorized use of that equipment. The application must include evidence that the material and performance characteristics of the equipment are capable of providing the proposed degree of protection under anticipated conditions of use. The evidence must be acquired from tests performed on the equipment by the licensee or based on information obtained from other reliable tests that have been performed on the equipment.

     (c) The licensee shall implement and maintain a program for respiratory protection that includes, without limitation:

          (1) A sampling of the air that is sufficient to identify any potential hazard, permit the proper selection of equipment and estimate doses;

          (2) Surveys and bioassays, as necessary, to evaluate actual intakes;

          (3) Testing respiratory protective devices for operability immediately before each use, including, without limitation, user-performed seal checks for face-sealing respirators and functional checks for all other respirators;

          (4) Written procedures regarding:

               (I) Testing, including, without limitation, fit testing;

               (II) The supervision and training of users of respiratory protective devices;

               (III) Recordkeeping;

               (IV) Monitoring, including, without limitation, sampling air and bioassays;

               (V) Selection of respiratory protective devices;

               (VI) Breathing air quality;

               (VII) Inventory and control of respiratory protective devices;

               (VIII) Storage, issuance, maintenance, repair and quality assurance of respiratory protective devices; and

               (IX) Limitations on periods of use of respiratory protective devices and relief from use of respiratory protective devices; and

          (5) The determination by a physician that each user of a face-sealing respirator or nonface-sealing respirator is medically fit to use the respirator before the initial fitting of a face-sealing respirator or before the first use of a nonface-sealing respirator and:

               (I) At least once every 12 months after the initial fitting; or

               (II) Periodically at a frequency that is determined by the physician.

     (d) The licensee shall perform fit testing for a respirator before the first field use of a respirator with a tight-fitting facepiece and not less than annually thereafter. The fit test must be performed with the facepiece of the respirator operating in the negative pressure mode and the fit factor:

          (1) For a negative pressure respirator must be greater than or equal to 10 times the air pressure flow; and

          (2) For a positive pressure, continuous flow or pressure demand respirator must exceed 500.

     (e) The licensee shall advise each user of a respiratory protective device that the user may leave the area at any time for relief from the use of the respiratory protective device if:

          (1) The device malfunctions;

          (2) He or she suffers physical or psychological distress;

          (3) There is a failure of communication or procedures;

          (4) There is a significant deterioration in the operating conditions; or

          (5) There are any other conditions that might require relief from use of the device.

     (f) The licensee shall:

          (1) Consider limitations appropriate to the type of respiratory protective device and the intended mode of use of the respiratory protective device;

          (2) When selecting a respiratory protective device, provide for vision correction, adequate communication, low-temperature work environments and the concurrent use of other safety and radiological protection equipment; and

          (3) Use equipment in a manner that does not interfere with the proper operation of the respiratory protective device.

     (g) The licensee shall provide standby rescue personnel when a person is using a one-piece atmosphere-supplying suit or any combination of a supplied-air respirator and personnel protective equipment from which the person would have difficulty extricating himself or herself. The standby rescue personnel must:

          (1) Be equipped with respiratory protective devices or other equipment appropriate to the potential hazards.

          (2) Visually observe the person who is using a one-piece atmosphere-supplying suit or any combination of a supplied-air respirator and personnel protective equipment or maintain continuous communication with such person through visual, voice, signal line, telephone, radio or other suitable means of communication.

          (3) Be immediately available to assist the person who is using a one-piece atmosphere-supplying suit or any combination of a supplied-air respirator and personnel protective equipment in case of a failure of air supply or for any other reason that requires relief from distress.

          (4) Be sufficient in number and training to provide immediate assistance to the person who is using a one-piece atmosphere-supplying suit or any combination of a supplied-air respirator and personnel protective equipment and to provide effective emergency rescue if needed.

     (h) The licensee shall ensure that atmosphere-supplying respirators are supplied with desirable air of grade D quality or better as defined in Publication G-7.1, Commodity Specification for Air (1997), and the provisions of 29 C.F.R. §§ 1910.134(i)(1)(ii)(A) to 1910.134(i)(1)(ii)(E), inclusive. A hard copy of Publication G-7.1, Commodity Specification for Air (1997), published by the Compressed Gas Association, may be obtained at a cost of $32 for a member of the Compressed Gas Association or $58 for a nonmember at the Internet address http://www.cganet.com/publication.asp. An electronic copy of the publication may be obtained free of charge for a member of the Compressed Gas Association or at a cost of $44 for a nonmember at the Internet address http://www.cganet.com/publication.asp.

     (i) The licensee shall ensure that no objects, materials or substances, including, without limitation, facial hair, or any conditions which could interfere with the face-to-facepiece seal or valve function and which are under the control of the user of the respirator are present between the skin of the face of the user of the respirator and the sealing surface of a tight-fitting facepiece.

     (j) In measuring the dose to persons from the intake of airborne radioactive material, the licensee must assume initially that the concentration of radioactive material in the air that is inhaled when a respirator is worn is the ambient concentration of radioactive material in the air without a respirator divided by the assigned protection factor of the respirator. If the licensee later finds that the actual dose is greater than the estimated dose, the actual dose must be used. If the actual dose is later found to be less than the estimated dose, the actual dose may be used.

     2. A licensee shall obtain authorization from the Division before using assigned respiratory protection factors in excess of those specified in Appendix A. The Division may authorize a licensee to use higher assigned protection factors upon receipt of an application that:

     (a) Describes the situation for which a need exists for higher protection factors; and

     (b) Demonstrates that the respiratory protective device provides these higher protection factors under the proposed conditions of use.

     3. In addition to any restrictions imposed pursuant to the provisions of this section and NAC 459.347, the Division may impose restrictions on the use of respiratory protective devices by a licensee to:

     (a) Ensure that the respiratory protection program of the licensee is adequate to limit doses to persons from the intake of airborne radioactive material consistent with maintaining the total effective dose equivalent as low as is reasonably achievable; and

     (b) Limit the extent to which a licensee may use respiratory protective devices instead of processes or engineering controls to limit doses to persons from the intake of airborne radioactive material.

     (Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98, 1-26-99; A by R085-06, 11-13-2006)