Respirator Access Assurance Act of 2005
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Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture.
Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee (thus subjecting the manufacturer or seller to liability for a claim).
Preempts all state and local laws with regard to such claims.
Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller.
Applies this Act to any action than has not proceeded to trial as of the date of enactment.
Read twice and referred to the Committee on the Judiciary.
- Introduced in Senate Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). S. 1406: Respirator Access Assurance Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-S-1406/
"S. 1406: Respirator Access Assurance Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-S-1406/.
S. 1406, 109th Cong. (2026), https://openamerica.io/bill/109-S-1406/.
[S. 1406: Respirator Access Assurance Act of 2005](https://openamerica.io/bill/109-S-1406/)