Closed-Circuit Escape Respirators 42 CFR Part 84 RIN 0920-AA10

March 2003

NIOSH Docket Number 005

The National Institute for Occupational Safety and Health (NIOSH) announced final rules on March 8, 2012 that revise and update the agency’s requirements for testing and certification of closed-circuit escape respirators. The revised rules are designed to strengthen emergency respiratory protection for workers in escaping from toxic concentrations of fumes, gases, or smoke, or from confined areas where there is insufficient oxygen, posing immediate dangers to life or health.

The revised rules reflect experience gained from field observations and reports by NIOSH and stakeholders, including reports of widespread problems encountered with units in coal mine emergencies. The rules incorporate comments and suggestions that were offered by stakeholders during a public comment period and public meetings.

The rules will become effective in 30 days, at which time NIOSH will stop approving under the existing requirements. However, manufacturers can manufacture and sell, for three years, currently approved closed-circuit escape respirators. This will give manufacturers time to begin to meet the new requirements by modifying current product designs or developing new designs.

Under the Occupational Safety and Health Act of 1970, NIOSH tests and certifies respirators for workplace use. NIOSH and the Mine Safety and Health Administration jointly review and approve closed-circuit emergency respirators (self-contained self rescuers) for use by miners. More information about NIOSH’s testing and certification program.

NIOSH published a proposed rule on the Approval Tests and Standards for Closed-Circuit Escape Respirators on December 10, 2008 and asked for comments on or before February 9, 2009 [73 FR 75027]. On March 4, 2009 NIOSH published a document announcing two public meetings and reopening the comment period for this proposed rule until April 10, 2009 [74 FR 9380]. NIOSH held the two public meetings on March 16, 2009 and March 23, 2009. Commenters at the meeting requested additional time to review data and provide additional comments regarding the proposal. After reviewing the record, NIOSH has concluded that reopening the comment period until June 19, 2009 was reasonable. This reopening of the docket was published on May 21, 2009 [74 FR 23814 ].

The Department held two public meetings on the proposed rule at the following times and locations: March 16, 2009; at the Marriott Denver Tech Center; 4900 S. Syracuse Street; Denver, CO 80237; and March 23, 2009; at the Marriott Inn and Conference Center UMUC; 3501 University Boulevard E., Adelphi, MD 20783.

This docket collected the public comments related to the Notice of Proposed Rulemaking. Information submitted to the docket was considered in the context of developing a Final Rule to update the requirements for CCERs used by the American workforce.

Closed-Circuit Escape Respirators 42 CFR Part 84 RIN 0920-AA10

March 2003

NIOSH Docket Number 005

Materials Under Evaluation

Meeting Information

Submissions from the Public in Order of Receipt