This fails and surprises me both at the same time.

Anyone that is a level II, level III should have respirators as standard PPE when working at a spill location.

Now if BP hired them and didn't supply the proper safety equipment, then they can be held accountable for any physical damage to said individual. Whether it's external (i.e. hands, neck, etc) or internal (i.e. lungs, liver, kidneys, etc), anyone responding is required by law to have the proper Personal Protective Equipment (PPE).

OHSA writes the regs, someone is either disregarding the proper use or not being supplied. Due to the heat, wearing such equipment can physically tire a person out extremely fast.

Look up the CFR for OSHA about responding to an oil spill.

CFR - Code of Federal Regulations.