---
kind: "section"
citation: "10 C.F.R. § 850.28"
title: "10"
number: "850.28"
heading: "Respiratory protection."
url: "https://uscodex.org/cfr/10/850.28"
---

# §850.28. Respiratory protection.

- (a) The responsible employer must establish a respiratory protection program that complies with the respiratory protection program requirements of [29 CFR 1910.134](/cfr/29/1910.134.md), Respiratory Protection.
- (b) The responsible employer must provide respirators to, and ensure that they are used by, all workers who:
  - (1) Are exposed to an airborne concentration of beryllium at or above the action level, or
  - (2) Are performing tasks for which analyses indicate the potential for exposures at or above the action level.
- (c) The responsible employer must include in the respiratory protection program any beryllium-associated worker who requests to use a respirator for protection against airborne beryllium, regardless of measured exposure levels.
- (d) The responsible employer must select for use by workers:
  - (1) Respirators approved by the National Institute for Occupational Safety and Health (NIOSH) if NIOSH-approved respirators exist for a specific DOE task; or
  - (2) Respirators that DOE has accepted under the DOE Respiratory Protection Acceptance Program if NIOSH-approved respirators do not exist for specific DOE tasks.

## Notes

### Authority

Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 CFR 1981 comp., at 145 as amended.

### Source

Source: 64 FR 68905, Dec. 8, 1999, unless otherwise noted.