While OSHA standards do not apply to students specifically, the elements of
a good respiratory protection program are well recognized and should be
applied when respirators are used, regardless of the regulatory coverage.
The list Dr. Elston gave are those elements.  Their purpose is to ensure
that the respirator is properly selected and fits the person using it, that
the user knows how to don the respirator and keep it clean and usable as
well as understanding what it is and is not suitable for, and that
respirator use does not exacerbate some existing physical or medical
condition.

Peter Zavon, CIH
Penfield, NY

PZAVON**At_Symbol_Here**Rochester.rr.com  

> -----Original Message-----
> From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] 
> On Behalf Of Steve
> Sent: Tuesday, October 03, 2006 6:49 PM
> To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
> Subject: [DCHAS-L] Hold on a minute, Dr. E.
> 
> Sadly, what Dr. Elston says about a structured respiratory 
> protection program would be true if 29 CFR 1910.134 applied 
> to students. According to
> 29 CFR 1910.5, the General Industry Standards have no 
> applicability in the described academic situation because 
> students are not employees.
> 
> I have not heard of any cases where the General Industry 
> Standards were applied to students. Since absence of evidence 
> does not prove absence; I would be interested in learning 
> what standards schools have been held to. I suppose that a 
> lawyer could argue that failure to follow OSHA standards is 
> evidence that reasonable and prudent precautions for 
> structuring a safety program were not taken...if a suit were 
> filed after an accident. No school would worry about an OSHA 
> inspection unless an employee were put at risk, and then, 
> only if a complaint were filed.
> 
> Could it be that kids are in this gray area because they tend 
> to heal fast, or maybe because over-exposure symptoms tend to 
> manifest after graduation?
> 
> JSBonnell, Mgr., Env. Svc.
> Barr Laboratories, Inc.
> 

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