---
kind: "section"
citation: "30 C.F.R. § 60.14"
title: "30"
number: "60.14"
heading: "Respiratory protection."
url: "https://uscodex.org/cfr/30/60.14"
---

# §60.14. Respiratory protection.

- (a) **Temporary use of respirators at metal and nonmetal mines.** The metal and nonmetal mine operator shall use respiratory protection as a temporary measure in accordance with [paragraph (c)](#c) of this section when miners must work in concentrations of respirable crystalline silica above the PEL while:
  - (1) Engineering control measures are being developed and implemented; or
  - (2) It is necessary by the nature of work involved (for example, occasional entry into hazardous atmospheres to perform maintenance or investigation).
- (b) **Miners unable to wear respirators at all mines.** Upon written determination by a physician or other licensed health care professional (PLHCP) that an affected miner is unable to wear a respirator, the miner shall be temporarily transferred either to work in a separate area of the same mine or to an occupation at the same mine where respiratory protection is not required.
  - (1) The affected miner shall continue to receive compensation at no less than the regular rate of pay in the occupation held by that miner immediately prior to the transfer.
  - (2) The affected miner may be transferred back to the miner's initial work area or occupation when temporary use of respirators under [paragraph (a)](#a) of this section or [section 60.13](/cfr/30/60.13.md) is no longer required.
- (c) **Respiratory protection requirements at all mines.**
  - (1) Affected miners shall be provided with a NIOSH-approved atmosphere-supplying respirator or NIOSH-approved air-purifying respirator equipped with the following:
    - (i) Particulate protection classified as 100 series under [42 CFR part 84](/cfr/42/part84.md); or
    - (ii) **Particulate protection classified as High Efficiency “HE” under 42 CFR part 84.**
  - (2) When approved respirators are used, the mine operator must have a written respiratory protection program that meets the following requirements in accordance with ASTM F3387-19: program administration; written standard operating procedures; medical evaluation; respirator selection; training; fit testing; maintenance, inspection, and storage. ASTM F3387-19, Standard Practice for Respiratory Protection, approved August 1, 2019, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. [552(a)](/usc/5/552.md?p=a) and [1](/usc/5/1.md) CFR [part 51](/cfr/30/part51.md). This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; www.astm.org.

## Notes

### Amendments

[89 FR 28470, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]

### Authority

Authority: 30 U.S.C. 811, 813(h) and 957.

### Source

Source: 89 FR 28470, Apr. 18, 2024, unless otherwise noted.

### Amendments

[89 FR 28470, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]