April 11, 2008 - The Michigan Occupational Safety and Health Administration (MIOSHA) has resumed enforcement of the requirement for annual fit testing of respirators for occupational exposure to tuberculosis (TB).  This action follows the lead of federal OSHA with the removal of the Wicker Amendment from the FY 2008 Consolidated Appropriations Act by the U.S. Congress.  The MIOSHA program is part of the Michigan Department of Labor & Economic Growth (DLEG).

The Wicker Amendment was an appropriations rider that prohibited OSHA, and OSHA-funded state programs, from expending appropriated funds in administering or enforcing provisions that require annual fit testing (after the initial fit testing) of respirators used for protection against occupational exposure to TB.

Employers who are covered under the MIOSHA TB requirements must comply with all requirements for annual fit testing of respirators for occupational exposure to tuberculosis in accordance with MIOSHA Part 451, Respiratory Protection.  MIOSHA will continue to extend to workers exposed to TB the same high level of respiratory protection provided to workers throughout Michigan, by enforcing all requirements of the respiratory protection standard including respiratory protection training, fit testing, and medical evaluation.

Employee exposures to TB are also addressed by MIOSHA Instruction No. GISHD-COM-05-2R-2, Enforcement Policy and Procedures for Evaluating Occupational Exposure to Tuberculosis (TB).  This instruction is based on the Centers for Disease Control & Prevention's (CDC) 2006 "Guidelines for Preventing the Transmission of Tuberculosis in Health-Care Facilities."  The instruction identifies health care facilities, long-term care facilities for the elderly, homeless shelters, drug treatment centers, and correctional facilities as posing a high risk of TB exposure.

MIOSHA will continue its current enforcement policy of Instruction No. GISHD-COM-05-2R-2, through the General Duty Clause, when an employer has a confirmed or suspected case of TB and is not adequately addressing the hazard.

Occupational exposure to TB is a serious and recognized hazard, and feasible abatement methods exist.  Control methods required under MIOSHA Instruction No. GISHD-COM-05-2R-2 include:

• Early identification of patients/clients;
• Respiratory protection;
• Medical surveillance (including initial exams and periodic evaluations);
• Case management of infected employees;
• Work practices and engineering controls; and
• Employee education and training.

MIOSHA recognizes that some employers may need assistance to come into compliance.  The philosophy of the MIOSHA program has long been to provide both compliance and outreach activities to protect Michigan workers.  MIOSHA's Consultation Education and Training (CET) Division is initiating an outreach effort to provide training and information to affected employers in Michigan.  Employers are urged to take advantage of the education and training outreach to assist in their efforts to protect workers from TB hazards.

Employers who have questions about TB enforcement and compliance issues may contact the MIOSHA General Industry Safety and Health Division at 517.322.1831.  Employers who have questions regarding MIOSHA outreach services are encouraged to contact the CET Division at 517.322.1809.

Read more Michigan Department of Labor & Economic Growth press releases.