April 8, 1986

Mr. Lloyd W. Welsh
Director of Government Affairs
and Safety
Lystada 901 University Avenue
Grand Forks, North Dakota 58201

Dear Mr. Welsh:

This is in response to your letter of March 21, addressed to Mr. Stephen Mallinger concerning the use of the Bureau of Mines approved respirator canister for protection against phosphine. The respirator approval program administered by the U.S. Bureau Of Mines [ILPI Says: No longer exists] in the sixties was a voluntary program since the Bureau is not a regulatory agency. With the passage of the Occupational Safety and Health Act of 1970, the Occupational Safety and Health administration (OSHA) was charged with the responsibility for protecting workers. Section 6(c)(7) of the Act authorizes OSHA to specify suitable protective equipment. OSHA has accepted the respirators approved jointly by the Mine Safety and Health Administration(MSHA) under the provisions of [42 CFR 84]. In 1972, the Bureau terminated the approval program for respirators. [This document was edited on 03/22/99 to strike information that no longer reflects current OSHA policy.] The health standards promulgated by OSHA tables which specify the maximum use limit for each type of respirator based on workplace exposures and the hazard potential of the toxic substance. The full facepiece respirator has an assigned maximum use limit of 50 times the OSHA permissible exposure limit (PEL). The supplied air (air line) respirators are not permitted for use at concentrations which are immediately dangerous to life or health (IDLH). The latter requirement is based on the recommended standard for Practice of Respiratory Protection (ANSI Z88.2-1969) published by the American National Standards Institute.

If you work around hazardous dusts, consider a supplied air respirator system like this one from Safety Emporium.

OSHA prohibits routine use of the Bureau of Mines approved canisters to prevent abuse. Phosphine canisters shall not be used at concentrations above 50 times the PEL which is 15 parts of phosphine per million parts of air (ppm). Supplied air respirators shall not be used above 200 ppm of phosphine. However, the maximum use concentration of phosphine, as specified by the Bureau of Mines, is 5,000 ppm which is much higher than the IDLH concentration of phosphine.

MSHA /NIOSH issued an approval for a canister for protection against phosphine. The approval number is TC-14G-98. The approval was issued to the Mine Safety Appliance Company (MSA) in 1979. Since there is an approved canister available, there should be no impact on your operation.

[This document was edited on 03/22/99 to strike information that no longer reflects current OSHA policy.]

Use of any respiratory protective device must comply with OSHA regulation for respiratory protection, 29 CFR 1910.134. Since the Environmental Protection Agency (EPA) has jurisdiction over the use of fumigants, you should also comply with EPA requirements concerning respiratory protection during fumigation.

We hope we have addressed your concerns. If you have further questions, please let me know.

Sincerely,

Edward J. Baier
Director
Directorate of Technical Support

March 21, 1986 Mr. Stephen J. Mallinger Directorate of Technical Support U.S. Department of Labor Occupational Safety and Health Administration Washington, D.C. 20210 Dear Mr. Mallinger: We recently received your November 15, 1985, memorandum dealing with the use of Bureau of Mines Approved Gas Mask Canisters. This memorandum is very timely since there is presently a great deal of confusion on this subject among members of the pesticide industry and agriculture. We do need to know the ruling on what is the proper respiratory protection needed for the use of Phosphide, but your ruling on gas mask canisters has our industry very concerned. Lystads is one of the leading users of Aluminum phosphide which is used for the protection of stored agricultural commodities such as grain, rice, processed foods and animal feeds. Gas mask canisters, specific for phosphine, are widely used by our company.

Get pesticide and flammable storage cabinets at Safety Emporium.

If the MSA canister is not allowed to be used for phosphide, it will force us to use the bulkier and more expensive supplied air respirators, and it will also have a serious impact on our fumigation business. We urgently request that you reconsider your ruling on these canisters and allow them to be used. The phosphide canister is working excellent for our employees and hope we will be able to continue their use.

Your prompt attention on this ruling will be greatly appreciated.

Sincerely,

LYSTADS, INC.

Lloyd W. Welsh, Director
of Gov't. Affairs and Safety