DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-060]

RIN 1218-AA71

Personal Protective Equipment for General Industry

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; administrative stay.

SUMMARY: OSHA's final rule on Personal Protective Equipment for General Industry, which was published in the Federal Register on April 6, 1994 (59 FR 16334), is scheduled to become effective on July 5, 1994. OSHA is administratively staying the effective date of certain provisions of 1910.132 of the final rule (requirements for hazard assessment and training) until October 5, 1994.

DATES: Effective July 5, 1994, the effective date for paragraphs (d) and (f) of 29 CFR 1910.132 will be administratively stayed until October 5, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-3647, 200 Constitution Ave., NW., Washington, DC 20210. Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION: OSHA has received several requests to extend the effective date of paragraph (d), hazard assessment, and paragraph (f), training. It is contended that many employers will not be able to complete the required hazard assessment and training before the effective date.

OSHA has also received petitions from the American Forest & Paper Association (AF&PA), the American Iron and Steel Institute (AISI), and the Chocolate Manufacturers Association (CMA) to delay the effective date of the provisions for hazard assessment and training.

It has been asserted that a worksite hazard assessment, where not previously performed, could be a major undertaking. Also, longer periods of time may be necessary if an employer determines that there is a need for task-specific assessments or training.

For example, in its petition to the Agency, AISI stated:

In some cases, employers may determine that there is a need for task-specific hazard assessments or training. As the compliance effort moves along the continuum from generic toward task-specific, a substantially longer period of time would be required to comply with the final rule.

It has also been asserted that it would take a substantial amount of time to develop and implement the type of training program that is envisioned by the final rule. Even where training programs do exist, some may not meet all of the requirements of the final rule, and employers would not be able to implement changes to these programs before the effective date. In its petition to OSHA, AF&PA remarked:

While some employers may have performed the required hazard assessments and provided the required training, they may not be fully comfortable certifying that their employees have the necessary knowledge and abilities with respect to PPE without some form of verification. Some employers may find gaps or weak points in their existing PPE programs. Other employers will find that their existing PPE programs are so informal that they will conclude they must begin from "ground zero."

After evaluating these comments, OSHA has decided that it is reasonable to allow an additional amount of time for employers to meet the requirements pertaining to the hazard assessment (1910.132(d)) and training (1910.132(f)).

Therefore, the Agency is granting an administrative stay of the effective date for paragraphs (d) and (f) of 1910.132 until October 5, 1994 to allow employers an additional amount of time to achieve compliance with these two paragraphs. OSHA expects that employers will continue to expedite their efforts to fully comply with all of the provisions of the standard. It is also important to note that the effective date for all of the other provisions of the final rule remains July 5, 1994.

List of Subject in 29 CFR Part 1910

Eye protection; Fact protection; Foot protection; Hand protection;

Footwear; Hard hats; Head protection; Occupational safety and health; Occupational Safety and Health Administration; Personal protective equipment; Safety glasses; Safety shoes.

Authority

This document was prepared under the direction of Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. It is issued under the authority of sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 1-90 (55 FR 9033); and 29 CFR part 1911.

Accordingly, effective July 5, 1994, the effective date for paragraph (d), hazard assessment, and paragraph (f), training, of 29 CFR 1910.132 is administratively stayed until October 5, 1994.

Signed at Washington, DC, this 29th day of June, 1994.

Joseph A. Dear
Assistant Secretary of Labor.

[FR Doc. 94-16241 Filed 7-5-94; 8:45 am]