HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 6 – PERSONNEL, EMPLOYMENT AND LABOR CODE

SECTION 8 – OCCUPATIONAL SAFETY AND HEALTH

PROGRAM AT OF 2002

SUBSECTION 18– RESPIRATORY PROTECTION

ENACTED BY LEGISLATURE: MAY 20, 2002

LAST AMENDED AND RESTATED: December 6, 2022

CITE AS: 6 HCC § 8-18

1. Authority. See basic document (Occupational Safety and Health Program Act).

2. Purpose. This subsection of the Occupational Safety and Health Program Act provides for the

minimum requirements for respiratory protection. It is used to manage the use of hazardous chemicals,

establish practical engineering, and work methods, and provide employees with effective respiratory

protection equipment. As outlined in paragraph 3, below, voluntary respirator use is subject to certain

requirements of this program.

3. Scope and Application.

a. This program applies to all employees who are required to wear respirators during normal work

operations and during non-routine or emergency operations such as a spill of a hazardous substance.

b. In addition, any employee who voluntarily wears a respirator when a respirator is not required (i.e.,

certain maintenance work) is subject to the medical evaluation, cleaning, maintenance, and storage

provisions of this program, and must be provided with certain information in this section of the program.

c. Employees participating in the respiratory protection program do so at no cost; the expense

associated with training, medical evaluation and respiratory protection equipment will be borne by the

Ho-Chunk Nation through its individual facilities.

4. Definitions. See basic document (Occupational Safety and Health Program Act). In addition, the

following definitions apply to this subsection.

a. “Air-Purifying Respirator (APR)” means a respirator with an air-purifying filter, cartridge, or

canister that removes specific air contaminants by passing ambient air through the air-purifying element..

b. “Atmosphere-Supplying Respirator” means a respirator that supplies the respirator user with

breathing air from a source independent of the ambient atmosphere and includes supplied-air respirators

(SARs) and self-contained breathing (SCBA) units.

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c. “Canister or Cartridge” means a container with a filter, sorbent, or catalyst, or combination of these

items, which removes specific contaminants from the air passed through the container.

d. “Emergency Situation” means any occurrence such as, but not limited to, equipment failure,

rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant

release of an airborne contaminant.

e. “Employee Exposure” means exposure to a concentration of an airborne contaminant that would

occur if the employee were not using respiratory protection.

f. “End-of-Service-Life Indicator (ESLI)” means a system that warns the respirator user of the

approach of the end of adequate respiratory protection, i.e., that the sorbent is approaching saturation or is

no longer effective.

g. “Escape-Only Respirator” means a respirator intended to be used only for emergency exit.

h. “Filter or Air-Purifying Element” means a component used in respirators to remove solid or liquid

aerosols from the inspired air.

i. “Filtering Facepiece (Dust Mask)” means a negative pressure particulate respirator with a filter as

an integral part of the facepiece or with an entire facepiece composed of filtering medium.

j. “Fit Factor” means a quantitative estimate of the fit of a particular respirator to a specific individual,

and typically estimates the ratio of concentration of a substance in the ambient air to its concentration

inside the respirator when worn.

k. “Fit Test” means the use of a protocol to qualitatively or quantitatively evaluate the fit of a

respirator on an individual. (See QLFT & QNFT, below.)

l. “High Efficiency Particulate Air (HEPA) Filter” means a filter that is at least 99.97% efficient in

removing monodisperse particles of 0.3 micrometers in diameter. (See NIOSH 42 C.F.R. § 84 particulate

filter N100, R100 and P100)

m. “Immediately Dangerous to Life and Health (IDLH)” means an atmosphere that poses an

immediate threat to life, would cause irreversible adverse health effects, or would impair an individual’s

ability to escape from a dangerous atmosphere.

n. “Loose-Fitting Facepiece” means a respiratory inlet covering that is designed to form a partial seal

with the face.

o. “Negative Pressure Respirator” (tight fitting) means a respirator in which the air pressure inside the

facepiece is negative during inhalation with respect to the ambient air pressure outside of the respirator.

p. “Oxygen-Deficient Atmosphere” means an atmosphere with an oxygen content below 19.5% by

volume.

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q. “Physician or Other Licensed Health Care Professional (PLHCP)” means an individual whose

legally permitted scope of practice (e.g., license, registration, or certification) allows him or her to

independently provide, or be delegated the responsibility to provide, some or all of the health care

services required by this program.

r. “Positive Pressure Respirator” means a respirator in which the pressure inside the respirator inlet

covering exceeds the ambient air pressure outside of the respirator.

s. “Powered Air-Purifying Respirator (PAPR)” means an air-purifying respirator that uses a blower to

force the ambient air through air-purifying elements to the inlet covering.

t. “Qualitative Fit Test (QLFT) means a pass/fail fit test to assess the adequacy of respirator fit that

relies on the individual’s response to the test agent.

u. “Quantitative Fit Test (QNFT) means an assessment of the adequacy of respirator fit by

numerically measuring the amount of leakage into the respirator.

v. “Self-Contained Breathing Apparatus (SCBA)” means an atmosphere-supplying respirator for

which the breathing air source is designed to be carried by the user.

w. “Service Life” means the period of time that a respirator, filter or sorbent, or other respiratory

equipment provides adequate protection to the wearer.

x. “Supplied Air Respirator (SAR) or Airline Respirator” means an atmosphere-supplying respirator

for which the source of breathing air is not designed to be carried by the user.

y. “Tight-Fitting Facepiece” means a respiratory inlet covering that forms a complete seal with the

face.

z. “User Seal Check” means an action conducted by the respirator user to determine if the respirator is

properly seated to the face.

5. Procedures. The provision of the respiratory protection program will be administered by the

Occupational Health and Safety Division (OSHD) who will ensure that each facility fulfills the

requirements of this policy.

a. Chemical Inventory. Each department and facility will maintain a Safety Data Sheet (SDS) for

each product in use. This system may be computer based if the product user is systems proficient or can

quickly get help in accessing the information. Each September 1, a master inventory will be updated at

each facility listing product name, physical and health hazards, and department of use. A copy of each

yearly inventory will be forwarded to the OSHD where it will be retained for thirty (30) years.

b. Engineering systems, work methods, and chemical product selection will be the preferred methods

of controlling atmospheric hazards. Respirators will be used if these methods are not practical.

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c. Each facility will evaluate its operation and chemical inventory list to determine what respiratory

hazards may be present. Product characteristics, physical form, volume, handling methods, area

characteristics, and ventilation systems will be considered and industrial hygiene sampling will be used as

necessary to provide reasonable estimate of exposure.

6. Fit Testing. Fit testing is required for employees wearing half-masks, APR’s, and tight-fitting SARs.

Employees voluntarily wearing half-facepiece APRs may also be fit tested upon request.

a. Employees who are required to wear half-facepiece APRs will be fit tested as follows:

(1) Prior to being allowed to wear any respirator with a tight fitting facepiece.

(2) Annually.

(3) When there are changes in the employee’s physical condition that could affect respiratory fit

(e.g., change in body weight, facial scarring, etc.).

b. Employees will be fit tested with the same make, model, and size of respirator that they will

actually wear. Employees will be provided with several models and sizes of respirators so that they may

find an optimal fit. Fit testing of PAPRs is to be conducted in the negative pressure mode.

c. The OSHD will ensure that fit tests are conducted using Bitrex Solution Aerosol, Saccharin

Solution Aerosol, or irritant smoke following approved protocols as outlined in OSHA 29 C.F.R. §

1910.134, Appendix A.

d. Any employee, outside contractor, or visitor who performs work in an area that requires the use of

a respirator must have passed a fit test and have no facial hair where the sealing surface of the respirator

contacts the wearer’s skin. Facial hair includes whiskers, stubble, and beards. Sideburns and moustaches

that are long enough to interfere with the seal, or foul the respirator’s exhalation valve, are also

prohibited.

7. Medical Surveillance. A medical evaluation shall be provided to determine an employee’s ability to

use a respirator before the person is fit tested or required to wear a respirator.

a. The medical evaluation will be conducted using the questionnaire provided in Appendix C of

OSHA 29 C.F.R. § 1910.134. The OSHD, through each appropriate facility supervisor, will provide a

copy of this questionnaire to all employees requiring medical evaluation.

b. Follow-up medical exams will be granted to employees as required by this program and/or as

deemed necessary by the PLHCP.

c. Each facility will provide to its PLHCP a copy of this program, a list of hazardous substances by

work area, and for each employee requiring an evaluation his or her work area or job title, proposed

respirator type and weight, estimated length of time required to wear, expected physical workload (light,

moderate or heavy), potential temperature and humidity extremes, and any additional protective clothing

required.

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d. The PLHCP shall provide written recommendation regarding the employee’s ability to use the

respirator, which shall include the following information:

(1) Any limitation on respirator use related to medical conditions or relating to workplace

conditions in which the respirator will be used.

(2) The need for follow-up medical evaluations, if any.

(3) A statement that the employee has been provided a copy of the PLHCP’s written

recommendation.

e. All examinations and questionnaires are to remain confidential between the employee and the

physician.

f. Each facility shall keep a chart or log of personnel required to wear respiratory protection. The

chart below may be copied and expanded for facility use.

Name of Employee

Personnel in Respiratory Protection Program

Department

Job Description or Work Procedure

Respirator

8. Training. The OSHD will provide training to respirator users and their supervisors on the contents of

this subsection and their responsibilities under it. Workers will be trained prior to using a respirator in the

workplace. Supervisors will also be trained prior to using a respirator in the workplace or prior to

supervising employee training or employee wearing of respirators.

a. Training will cover the following areas:

(1) The Respiratory Protection Program.

(2) Respiratory hazards encountered at each facility and their health effects.

(3) Proper selection and use of respirators.

(4) Limitations of respirators.

(5) Respirator donning and user seal (fit) checks.

(6) Fit testing.

(7) Emergency use procedures.

(8) Maintenance and storage.

(9) Medical signs and symptoms limiting the effective use of respirators.

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b. Employees will be retrained annually or as needed. Employees must demonstrate their

understanding of the topics covered in the training through hands-on exercises and a written test.

c. Respirator training will be conducted and documented by the facility trainer, documentation will

include type, model and size of respirator for which the employee has been trained and fit tested.

9. Cleaning, Maintenance, Change Schedules, and Storage. Respirators are to be properly maintained

at all times in order to ensure that they function properly and adequately protect the employee.

Maintenance involves a thorough visual inspection for cleanliness and defects. Worn or deteriorated parts

will be replaced prior to use. No components will be replaced or repairs made beyond those

recommended by the manufacturer.

a. Inspections. The following checklist will be used when inspecting respirators:

(1) Facepiece.

(a) Cracks, tears, or holes.

(b) Facemask distortion.

(c) Cracked or loose lenses/face shield.

(2) Head straps.

(a) Breaks or tears.

(b) Broken buckles.

(3) Valves.

(a) Residue or dirt.

(b) Cracks or tears in valve material.

(4) Filters/Cartridges.

(a) Approval designation.

(b) Gaskets.

(c) Cracks or dents in housing.

(d) Proper cartridge for hazard.

b. Cleaning. Respirators are to be regularly cleaned and disinfected. The following procedure is to be

used when cleaning and disinfecting respirators:

(1) Disassemble respirator, removing any filters, canisters, or cartridges.

(2) Wash the facepiece and associated parts in a mild detergent with warm water. Do not use

organic solvents.

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(3) Rinse completely in clean warm water. Drain.

(4) Wipe the respirator with disinfectant wipes (70% Isopropyl Alcohol) to kill germs.

(5) Air dry in a clean area.

(6) Reassemble the respirator and replace any defective parts.

(7) Place in clean, dry plastic bag or other airtight container.

c. Storage. Respirators shall be stored in a clean, dry area, and in accordance with the manufacture’s

recommendations. For personal respirators each employee shall have his/her name on the bag and that bag

will only be used to store that employee’s respirator.

d. Change Schedule. Employees wearing dust masks or APR’s will replace mask properly disposing

of mask being replaced. For tight fitting air purifying respirators, the following procedure shall be used:

(1) For cartridges or canisters with end-of-service-life (ESLI) dates, shall change filters when the

expiration date occurs or before if breakthrough occurs.

(2) For cartridges or canisters without ESLI;

(a) When breakthrough occurs.

(b) When chemical can be detected in the facepiece.

(c) When exposed to known or unknown concentration.

(d) After use in a known or unknown concentration.

10. Program Evaluation.

a. The OSHD will conduct periodic evaluations of the facilities and workplaces to ensure that

provisions of this subsection are being implemented.

b. Problems identified will be noted in an inspection log and addressed by the OSHD. These findings

will be reported to each facility manager and the Executive Director of the Department of Labor, and the

report will list recommendations to correct deficiencies in the program and target dates for the

implementation of those corrections.

11. Documentation and Recordkeeping.

a. A copy of this program will be kept in each affected supervisor’s office and the office of

Occupational Safety and Health and will be made available to all employees who wish to review it.

b. Each facility shall maintain the originals of training and fit records and have them readily available

for inspection purposes. These records will be updated as new employees are trained, as existing

employees receive refresher training, as new fit tests are conducted and as employees separate from

employment.

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12. Administrative and Enforcement. See Section 12 of the Occupational Safety and Health Program

Act.

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Legislative History:

12/6/01 Reviewed by Administration Committee.

1/9/02 Legislature posts for 45-day Public Review.

5/20/02 Enacted as Respiratory Protection (6 HCC § 8-18) by Legislative Resolution 5/20/02E.

11/4/04 Restated to correct numbering of Sections 2, 3 and 4.

9/29/22 Legislature posts for 45-Day Public Review.

12/6/22 Amended and restated as Respiratory Protection (6 HCC § 8-18) by Legislative Resolution 12-06-22E.

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