New Respiratory Protection Regulation Title 3 ... - Sonoma County

Sonoma County Agricultural Commissioner’s Office 

Presents 

New Respiratory Protection Regulation 

Title 3 CCR Section 6739 

for Employee Pesticide Handlers 

By Alex McVicker 

Agricultural Biologist

Scope 

This regulation applies to persons required (either 

by label, permit conditions, regulatory requirements 

or employer) to wear respiratory protection. 

This includes, but is not limited to, mixer/loaders, 

applicators, field workers, fumigators, supervisors, 

foremen, and those whose work tasks place them in 

a pesticide treated environment. 

More than likely, this means you.

Definitions: 

Filter 

A component used in respirators to 

remove solid or liquid aerosols from the 

inspired air.

Definitions: 

Canister or Cartridge 

A container with a filter, sorbent, or catalyst, 

or combination of these items

Definitions: 

Category 

Negative Pressure Respirator 

Negative pressure 

created during 

inhalation

Definitions: 

Air-Purifying Respirator (APR) 

A respirator with an 

air-purifying filter, 

cartridge, or canister

Definitions: 

Filtering Facepiece 

A particulate respirator with a filter as an 

integral part of the facepiece or with the 

entire facepiece composed of the filtering 

material

Definitions: 

Category 

Positive Pressure Respirator 

A respirator in 

which the pressure 

inside the 

respiratory inlet 

covering exceeds 

the ambient air 

pressure outside.

Definitions: 

Powered Air-Purifying Respirator (PAPR) 

An air-purifying respirator that uses a 

blower to force the ambient air through air- 

purifying elements to the inlet covering.

Definitions: 

Category 

Atmosphere-Supplying Respirator 

• Includes supplied-air respirators 

(SARs) SARs) ) and self-contained breathing 

apparatus (SCBA)

Definitions: 

Supplied Air Respirator (SAR) 

An atmosphere-supplying respirator for which 

the source of breathing air is not designed to be 

carried by the user. 

Air compressor to provide supplied air 

for example.

Definitions: 

Self-Contained Breathing Apparatus 

An atmosphere-supplying 

respirator

Definitions: 

Escape-Only Respirator 

A respirator intended to be used only 

for emergency exit.

Title 3 CCR, Section 6739: 

Respiratory Protection 

Supercedes Section 6738 (h)

General Requirements 

6739 (a) 

Respiratory Protection Program 

• Develop a written program when 

respirators are necessary or required 

by the employer 

• Update program as necessary to 

reflect changes in workplace 

conditions that affect respirator use 

conditions 

Continued


6739 (a) 


• Designate a Program Administrator 

who is qualified by appropriate training 

or experience to oversee the program 

and conduct program evaluations 

Continued



6739 (a) 

So who is qualified to be a Program Administrator? 

– Read and understand “American National Standard for 

Respiratory Protection” (ANZI Z88.2) 

or “Small Entity Compliance Guide for the Revised 

Respiratory Protection Standard” 

OR 

– Take classes about developing a respiratory program 

from a college or manufacturing authorized 

representative 

OR 

– Become a certified industrial hygienist

Voluntary Respirator Provision 

6739 (b) 

• Employer may provide respirators at 

worker’s s request or permit workers 

to use their own respirators 

• If voluntary use is permissible, 

employer must provide users with 

the Voluntary Respirator Provision 

Information 

Continued


6739 (b) 

• If respirators are employer- 

supplied, employer must do the 

elements of a written program to 

make sure that the employee is 

medically able to use the respirator 

Continued


6739 (b) 

EXCEPTIONS: 

• Employers are not required to 

include in a written program 

employees whose only use of 

respirators involves voluntary use 

of filtering facepieces (dust mask) 

• The employee provides their own 

respirator

Selection of Respirators 

6739 (c) 

Respirators must be selected based 

on the specific hazards encountered in 

the workplace

Selection of Respirators 

6739 (c) 

• Select a NIOSH-Approved 

Respirator 

• Select respirators from a 

sufficient number of models and 

sizes 

Continued

Definitions: 

Physician or Licensed Health Care 

Professional (PLHCP) 

An individual whose legally 

permitted scope of practice (i.e., 

license, registration, or 

certification) allows him/her to 

independently provide, or be 

delegated the responsibility to 

provide, some or all of the health 

care services required by 

paragraph (d), Medical 

evaluation.

Medical Evaluation 

6739 (d) 

• Employer must provide a medical 

evaluation to see if a worker is able to 

safely use a respirator 

• Employer must identify a PLHCP to 

perform medical evaluations using a 

medical questionnaire OR an initial 

medical examination that obtains the 

same information 

Continued


6739 (d) 

• Evaluation form must be filled out 

confidentially during worker’s 

normal work hours or at a time and 

place convenient to the employee 

Continued

Continued 


6739 (d) 

Employer must provide PLHCP certain information: 

Type/Weight of respirator 

Duration/Frequency of use 

Expected physical effort 

Temperature/Humidity extremes 

Copy of Respiratory Protection Program 

Copy of Title 3, Section 6739


6739 (d) 

• After review of the medical 

evaluation and/or physical 

examination of the worker, PLHCP 

shall provide employer with a 

written recommendation, subsection 

(s)


6739 (d) 

• Annual review of medical status IS NOT 

REQUIRED 

IS NOT 

• However, , employer must provide additional 

medical evaluations if: 

– Worker reports medical symptoms about their ability 

to use a respirator 

– PLHCP, supervisor, or program administrator informs 

that a worker needs to be reevaluated 

– Change occurs in workplace conditions that may be a 

physiological burden on a worker

Fit Testing 

6739 (e) 

Before a worker uses any respirator with a 

negative or positive pressure tight-fitting 

facepiece, the worker must be fit tested 

Continued

Definitions: 

Qualitative Fit Test (QLFT) 

Depends on ability to detect testing 

agent and may be falsified (except in 

case of irritant smoke)

Definitions: 

Quantitative Fit Test (QNTF) 

An assessment of the adequacy of 

respirator fit by numerically measuring the 

amount of leakage into the respirator

Continued 

Fit Testing 

6739 (e) 

• Workers using tight-fitting facepiece 

respirators must pass an appropriate 

qualitative fit test (QLFT) 

or 

quantitative fit test (QNFT)

Fit Testing 

6739 (e) 

• The fit test must be administered 

using a Cal/OSHA-accepted accepted QLFT 

or QNFT protocol 

• Title 8 of the California Code 

of Regulations , Section 5144, 

Appendix A 

Continued

Fit Testing 

6739 (e) 

A little bit of Good News: 

–The QLFT is acceptable for ALL 

negative-pressure tight-fitting 

HALF 

or FULL facepiece respirators used 

for pesticide applications

Fit Testing 

6739 (e) 

• Must conduct an additional fit test 

whenever the worker reports, or the 

employer or PLHCP makes visual 

observations of, changes in the 

worker’s s physical condition that could 

affect respirator fit

Continued 

Facepiece Seal Protection 

6739 (f) 

A Couple Common Sense Items: 

• Respirators with tight-fitting facepieces 

must not be worn by workers who have 

facial hair or any condition that interferes 

with the face-to-facepiece facepiece seal or valve 

function 

• Corrective glasses or goggles or other PPE 

must be worn in a manner that does not 

interfere with the face-to-facepiece facepiece seal

Facepiece Seal Protection 

6739 (f) 

A Required Good Habit: 

• Workers wearing tight-fitting respirators 

must perform a user seal check each 

time they put on the respirator using the 

procedures in Title 8, Section 5144, 

Appendix B-1 1 or equally effective 

manufacturer’s s procedures

Cleaning and Disinfecting 

6739 (h) 

• Provide each user with a respirator that is 

clean, sanitary and in good working order 

• Clean and disinfect at the following intervals: 

– as necessary when issued for exclusive use 

(cleaning only) 

– before being worn by different individuals (clean 

and disinfect) 

– after each use for emergency respirators, fit 

testing and training (clean and disinfect)

Emergency Respirators 

6739 (i) 

• Must be immediately accessible 

• Clearly marked as containing emergency 

respirator 

• Stored according to manufacturer’s 

recommendation 

• Stored such that it is safely accessible 

during emergency conditions

Inspection and Repair 

6739 (j) 

• Ensure that all respirators are 

inspected before each use 

• Defective or failed respirators shall be 

taken out of service until repaired or 

discarded 

• Repair of respiratory equipment shall 

be done by persons trained to do so 

using NIOSH-approved parts.

Identification of Filter, Cartridges and Canisters 6739 (l) 

‣All filters, cartridges and canisters 

used in the workplace must be labeled 

and color coded with the NIOSH 

approval label 

‣The label must not be removed and 

must remain legible

Training and Information 

6739 (m) 

Employers must provide training to 

workers who are required to use 

respirators. 

Training must be understandable to 

workers. 

Continued


6739 (m) 

• Employees trained to use respirators must be 

able to demonstrate knowledge of at least: 

– why the respirator is necessary and how improper fit 

can compromise protection 

– limitations and capabilities of the respirator 

– recognition of medical signs that may prevent 

effective us 

– how to inspect, wear, and 

check the seals 

– effective use in 

emergency situations 

– maintenance and storage 

Continued


6739 (m) 

• Training must be provided prior to use 

• Retraining is required Annually, , and 

when: 

– Changes in the workplace or type of respirator 

– Employee has inadequate knowledge 

• Advisory information in subsection (r) 

must be displayed for workers who 

wear respirators voluntarily

Program Evaluation 

6739 (n) 

• Employers must evaluate the 

workplace as necessary to ensure 

program is effective 

• Must ask workers required to use 

respirators about program 

effectiveness and assess problems 

they see

End-of-Service Life 

6739 (o) 

Hierarchy of Replacement: 

1. Odor, taste or irritation 

2. ESLI triggered 

3. All disposable Filtering Face Piece (FFP), at end of the 

workday 

4. According to pesticide-specific label or respirator 

manufacturer directions 

5. Absent any pesticide-specific directions, at the end of 

the workday 

* or, as according to manufacturer, on excessive breathing resistance. 

*

Recordkeeping 

6739 (p) 

A record of fit tests must be kept 

Written copy of the current program must be kept 

Medical recommendations must be kept 

• Records required to be kept must be made 

available upon request to affected workers, 

the local CAC, or others designated by the 

Director of DPR 

• Records must be kept during employment 

requiring respiratory protection and for 

three years after such conditions end

Medical Evaluation Questionnaire 

6739(q) 

Questionnare provided in 

regulation, or a substantially 

equivalent one, must be completed 

by each worker required to wear a 

respirator


6739(r) 

Information that must be 

provided to workers who 

want to wear respiratory 

protection when a respirator 

is not required by label, 

regulation, permit conditions 

or employer policy.

Medical Recommendation Form 6739(s) 

This form, or one substantially similar, 

is used by the PLHCP to state to the 

employer if the worker can wear the 

respiratory protection 

It allows the PLHCP (Physician or 

Licensed Health Care Professional) to 

recommend other types of respiratory 

protection if medically necessary

FORM SOURCES 

TEMPLATE FOR A WRITTEN PROGRAM: DOCUMENT HS-1513 

AND A COPY OF THE ACTUAL RESPIRATORY REGULATIONS 

(SECT 6739) 

GO TO WWW.SONOMA-COUNTY.ORG 

MEDICAL QUESTIONNAIRE, 

MEDICAL RECOMMENDATION FORM, 

VOLUNTARY RESPIRATOR INFORMATION 

GO TO WWW.SONOMA-COUNTY.ORG 

ALSO AVAILABLE IN OUR OFFICE 

THE RESPIRATORY HANDOUT HAS SOURCES INFORMATION

New Respiratory Protection Regulation Title 3 ... - Sonoma County

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