[Federal Register: September 9, 2009 (Volume 74, Number 173)][Rules and Regulations]
[Page 46350-46361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-20]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, and 1918
[Docket No. OSHA-2007-0044]
RIN 1218-AC08
Updating OSHA Standards Based on National Consensus Standards;
Personal Protective Equipment
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule.
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SUMMARY: OSHA is issuing this final rule to revise the personal
protective equipment (PPE) sections of its general industry, shipyard
employment, longshoring, and marine terminals standards regarding
requirements for eye- and face-protective devices, head protection, and
foot protection. OSHA is updating the references in its regulations to
recognize more recent editions of the applicable national consensus
standards, and is deleting editions of the national consensus standards
that PPE must meet if purchased before a specified date. In addition,
OSHA is amending its provision that requires safety shoes to comply
with a specific American National Standards Institute (ANSI) standard,
and a provision that requires filter lenses and plates in eye-
protective equipment to meet a test for transmission of radiant energy
specified by another ANSI standard. In amending these paragraphs, OSHA
will require this safety equipment to comply with the applicable PPE
design provisions. These revisions are a continuation of OSHA's effort
to update or remove references to specific consensus and industry
standards located throughout its standards.
DATES: This final rule will become effective on October 9, 2009.
The incorporation by reference of specific publications listed in
this final rule is approved by the Director of the Federal Register as
of October 9, 2009.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
Technical inquiries: Contact Ted Twardowski, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-2070; fax: (202) 693-1663.
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, are also available at OSHA's Web page at http://
www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary and Explanation of the Final Rule
A. General Background
B. Revisions to the PPE Provisions of the OSHA Standards
C. Discussion of Comments and Hearing Testimony
D. Summary of the Final Rule
II. Procedural Determinations
A. Legal Considerations
B. Final Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
III. Authority and Signature
I. Summary and Explanation of the Final Rule
A. General Background
As discussed in a previous Federal Register document (69 FR 68283),
OSHA is undertaking a series of projects to update its standards to
incorporate the latest versions of national consensus and industry
standards. These projects include updating or revoking national
consensus and industry standards referenced in existing OSHA standards,
updating regulatory text of standards adopted directly by OSHA from the
language of outdated consensus standards, and, when appropriate,
replacing specific references to outdated national consensus and
industry standards with performance-oriented requirements.
On May 17, 2007, OSHA published a Notice of Proposed Rulemaking
(NPRM) (72 FR 27771) entitled "Updating OSHA Standards Based on
National Consensus Standards; Personal Protective Equipment." The NPRM
set July 16, 2007, as a deadline for submitting comments and for
requesting an informal public hearing on the proposed rule. The Agency
received approximately 25 comments and 4 requests for an informal
public hearing. OSHA then published a Federal Register notice
scheduling an informal public hearing for December 4, 2007 (72 FR
50302). The informal public hearing took place as scheduled, and OSHA
received testimony from nine witnesses. Thomas M. Burke, Administrative
Law Judge, presided at the hearing. At the end of the hearing, Judge
Burke set deadlines of January 3, 2008, for submission of post-hearing
comments, and February 4, 2008, for the submission of final summations
and briefs. Judge Burke closed and certified the record for this
rulemaking on June 23, 2008.
B. Revisions to the PPE Provisions of the OSHA Standards
1. Background of OSHA's PPE Standards
Subpart I of OSHA's general industry standards contains design
requirements for eye- and face-protective devices, head protection, and
foot protection. (See 29 CFR 1910.133, 1910.135, 1910.136.) OSHA has
similar requirements in subpart I of part 1915 (Shipyard Employment),
subpart E of part 1917 (Marine Terminals), and subpart J of part 1918
(Longshoring). These rules require that the specified PPE comply with
national consensus standards incorporated by reference into the OSHA
standards, unless the employer demonstrates that a piece of equipment
is as effective as equipment that complies with the incorporated
national consensus standard. (See, e.g., 29 CFR 1910.133(b)(1).) \1\
These design provisions are part of comprehensive requirements to
ensure that employees use PPE that will protect them from hazards in
the workplace.
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\1\ The general industry and shipyard employment standards
expressly allow employers to use PPE that is as protective as PPE
constructed in accordance with the incorporated standards. OSHA uses
its de minimis policy to allow employers covered by the longshoring
and marine terminals standards to use PPE that is as protective as
PPE constructed in accordance with the incorporated standards. (See
OSHA Instruction CPL 2.103, "Field Inspection Reference Manual,"
Chapter III.C.2.g; and memorandum from Richard Fairfax, Director,
Directorate of Enforcement Programs to Regional Administrators (June
19, 2006).)
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The incorporated ANSI standards are over a decade old and, in some
instances, are two decades old. Over this period, ANSI updated all of
the standards, and, in one instance (i.e., the ANSI Z41 standard for protective
footwear), ANSI withdrew its standard when ASTM adopted a national consensus
standard for protective footwear. In response, manufacturers began manufacturing
PPE that conforms with the updated ANSI and ASTM standards. As a result,
employers and employees have difficulty obtaining PPE manufactured in
accordance with the national consensus standards incorporated earlier
in OSHA standards. OSHA estimates that these types of PPE last about
two to four years. (See OSHA Docket S-060, "Preliminary Regulatory
Impact amp; Regulatory Flexibility Analysis of the Personal Protective
Equipment Standard," Table IV-2 (U.S. Department of Labor, OSHA,
Office of Regulatory Analysis, June 30, 1989).)
2. Updating OSHA's PPE Standards
In the past, OSHA updated its PPE standards by revising them to
incorporate recent versions of the national consensus standards, while
leaving the earlier versions of these national consensus standards in
the regulatory text. (See 59 FR 16360 (April 6, 1994).) This action
temporarily alleviated the problem of trying to obtain PPE manufactured
in accordance with an earlier version of a national consensus standard,
but it ensured that the problem would arise again as the later versions
of the standards superseded the newly incorporated versions. To
alleviate this problem, OSHA proposed to replace the references to
specific national consensus standards with a performance-oriented
"good-design" requirement. (72 FR 27771.) The proposed rule provided
guidance on how employers could meet the good-design requirement. It
also included nonmandatory appendices listing those national consensus
standards that OSHA had determined were good-design standards that
would meet the good-design requirement. To ensure that the appendices
remained useful in the future, OSHA promised in the proposal to use
direct-final rulemaking to incorporate future editions of consensus
standards into the nonmandatory appendices. The proposed rule also
deleted older, out-of-date consensus standards that OSHA had
incorporated into its standards to allow employers to continue using
PPE they had purchased before a specified date. OSHA noted that the
proposed rule did not alter the duties of employers because it only
provided employers with additional options for meeting their duty under
the design-criteria provisions of OSHA's existing PPE standards.
The proposed rule also deleted a paragraph in Sec. 1910.94 and
another paragraph in Sec. 1910.252, which reference, respectively,
specific versions of American National Standards Institute (ANSI)
standards on foot protection and eye- and face-protective devices. OSHA
explained that, in deleting these references, the relevant design
provisions of the general industry PPE standard would apply to these
types of PPE.
C. Discussion of Comments and Hearing Testimony
1. Updating References to Consensus Standards
Commenters universally agreed with OSHA's proposal to update the
references to national consensus standards. However, a significant
majority, including employee representatives, PPE manufacturers, and
safety professionals opposed the proposed replacement of specific
references to national consensus standards in the regulatory text with
a performance-oriented good-design requirement and a nonmandatory
appendix. (See, e.g., AFL-CIO (OSHA-2007-0044-0023); U.S. Safety (Ex. -
0024); International Safety Equipment Association (ISEA) (Ex. -0025);
American Society of Safety Engineers (ASSE) (Ex. -0029); see also 3M
Company (Ex. -0026) (expressing support for performance-oriented
approach, but recommending that appendices be mandatory and that OSHA
only list ANSI and ASTM standards as good-design standards at this
time).) A few trade associations representing employers generally
supported the proposal's performance-oriented approach, but also noted
the widespread use of PPE that meets ANSI and ASTM standards and, in
one case, the need to ensure that other "good design standards" were
developed using a process comparable to the processes ANSI and ASTM
use. (See National Grain and Feed Association and Grain Elevator and
Processing Society (Ex. OSHA-2007-0044-0027); American Bakers
Association (Ex. -0028); National Automobile Dealers Association (NADA)
(Ex. -0047; see, also, International Association of Drilling
Contractors (Ex. -0022) (expressing concerns with the proposal, but
apparently implicitly endorsing the performance-oriented approach).)
Three government agencies commented on the proposal. All three
supported updating the out-of-date standards. (See Kentucky Department
of Labor, Office of Occupational Safety and Health (Ex. OSHA-2007-0044-
0021); North Carolina Department of Labor, Occupational Safety and
Health Division (Ex. -0034); NIOSH (Ex. -0037)). All witnesses who
participated at the hearing testified in opposition to the proposed
good-design approach. (See Ex. OSHA-2007-0044-0059.)
In general, the commenters noted that the proposal was confusing,
(e.g., AFL-CIO (Ex. OSHA-2007-0044-0023)), that it removed a
"baseline" level of protection from the standards, (see, e.g., ISEA
(Ex. -0025)), that the criteria defining a good-design standard were
too vague and subjective, (see, e.g., ASSE, Tr. at 84-85), and that the
proposal could result in less employee protection (see, e.g., U.S.
Safety (Ex. -0024)). In addition, the AFL-CIO asserted that OSHA could
alleviate the administrative and practical difficulties associated with
outdated national consensus standards by updating the OSHA standards
through direct-final rulemaking. (See Ex. OSHA-2007-0044-0023; Tr. 95-
96.)
OSHA believes that, for the most part, these and other criticisms
of the proposal represent a misunderstanding of the proposal or
overstate the effects of the proposed good-design requirement. For
example, numerous commenters noted that the proposed rule eliminated a
baseline level of PPE protection. (See, e.g., ISEA (Ex. OSHA-2007-0044-
0025) and ASSE (Tr. at 84-85).) These concerns appear to overlook the
provision in the proposal that required the PPE to provide protection
equivalent to or greater than PPE that was constructed in accordance
with one of the national consensus standards listed in the nonmandatory
appendices, which included national consensus standards already
incorporated into the OSHA standards. (See, e.g., proposed Sec.
1910.133(b)(2) in 72 FR 27775.)
Several commenters expressed concern that allowing employers to
select PPE that provided protection equivalent to PPE constructed in
accordance with a listed ANSI standard was subject to abuse. (See ISEA
(Tr. at 40-41); ASSE (Ex. OSHA-2007-0044-0029) and (Tr. at 79).)
Although OSHA cannot rule out the possibility that employers could
incorrectly claim that PPE constructed in accordance with a non-ANSI
design standard provides an appropriate level of protection, the Agency
notes that, in the case of the current general industry and shipyard
employment PPE provisions, employers could make the same claim. (See,
e.g., 29 CFR 1910.133(b)(2).)
Finally, a few commenters remarked that employee protection may
decrease because OSHA, at a later date, could approve, for inclusion in
the nonmandatory appendices, a design standard that did not provide an
adequate level of protection. (See, e.g., ASSE (Ex. OSHA-2007-0044-
0029, and Tr. at 79).) These commenters, however, did not provide a
basis for this comment. Moreover, OSHA notes that such action would be
counter to its long-standing policy to adopt new requirements only if
they provide employees with equivalent or increased protection. In any
event, adding a design standard to the nonmandatory appendices would be
subject to notice-and-comment rulemaking.
OSHA believes that the widespread opposition to the good-design
provision indicates possible misapplication of the standard if adopted
as proposed. In addition, the widespread support for continued
incorporation of national consensus standards convinces OSHA that using
direct-final rulemaking to update references to national consensus
standards may alleviate the administrative and practical problems that
arise when OSHA standards require compliance with outdated national
consensus standards.\2\ Accordingly, OSHA is not adopting the proposed
good-design approach.
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\2\ OSHA will use the direct-final rulemaking process to update
national consensus standards referenced in its PPE standards when it
is appropriate to do so (see, J. Lubbers, A Guide to Federal Agency
Rulemaking, at 115-119 (4th ed. 2006)).
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Instead, OSHA revised the text of the final rules to allow
employers to meet the design requirements of its PPE standards by using
PPE constructed in accordance with any of three national consensus
standards--the two most recent national consensus standards and the
national consensus standard incorporated in the current OSHA standards.
Additionally, the final rules maintain the option employers currently
have to use PPE that is not manufactured in accordance with one of the
listed consensus standards if the employer can demonstrate that the PPE
it selects is as protective as PPE constructed in accordance with one
of the incorporated consensus standards. The final regulatory text
responds to the numerous requests that OSHA continue to incorporate,
and require compliance with, specific national consensus standards.
(See, e.g., Tr. at 44-45 and 95-97; Exs. OSHA-2007-0044-0023 and -
0048).)
2. Miscellaneous Comments
ISEA, in its written comments, recommended that OSHA amend Appendix
B to Sec. 1910, subpart I ("Selection Guidelines for Head
Protection") to conform to the recent edition of ANSI Z89.1 (see Ex.
OSHA-2007-0044-0025). Beginning with the ANSI Z89.1-1997 standard, ANSI
updated the classification system for protective helmets. In this
edition and in the subsequent edition, ANSI classified the type and
class of protective helmets differently than it did in the current
OSHA-incorporated 1986 edition. Consequently, ANSI no longer uses the
old designations--Type 1 (hats) and Type 2 (caps). The electrical
insulation classifications of Class G (General--tested to 2200V), Class
E (Electrical--tested to 20,000V), and Class C (Conductive--no
electrical protection) replace former Classes A, B, and C,
respectively, to make the designations more user-friendly. Therefore,
the Agency is amending paragraph 9 of nonmandatory Appendix B to Sec.
1910, subpart I by adding a discussion clarifying the relationship
between the old classification system and the new classification
system.
A number of commenters and witnesses addressed matters that are
beyond the scope of this rulemaking. For example, several commenters
and witnesses recommended that OSHA require third-party certification
or independent testing of PPE. (See Tr. at 83; Exs. OSHA-2007-0044-0031
and -0037.) One commenter asked OSHA to address respirators in this
rulemaking (Ex. OSHA-2007-0044-0003). Other commenters addressed who
had responsibility for paying for PPE (Exs. OSHA-2007-0044-0004 and -
0034), an issue OSHA resolved in a previous rulemaking (see 72 FR
64342). Two commenters requested that OSHA supply free national
consensus standards to interested parties (Exs. OSHA-2007-0044-0017 and
-0020). Regarding this request, OSHA notes that copyright laws protect
national consensus standards referenced in its standards, although
copies of these national consensus standards are available for viewing
only at OSHA's Docket Office, libraries at OSHA Regional Offices, and
the U.S. National Archives and Records Administration.
Some commenters (Exs. OSHA-2007-0044-0021 and -0034) and witnesses
(Tr. at 18-19 and 51-52) questioned the Agency's decision not to
include the construction industry in this rulemaking. OSHA responded at
the hearing that it had decided not to include the construction
industry because of the size of the undertaking and OSHA's limited
resources. (Tr. at 18-19).
3. Deleting Outdated References From Ventilation and Welding Standards
OSHA did not receive any comments on its proposal to delete
paragraph (a)(5)(v)(a) in Sec. 1910.94 and paragraph (b)(2)(ii)(I) in
Sec. 1910.252,\3\ which reference, respectively, specific versions of
American National Standards Institute (ANSI) standards on foot
protection and eye- and face-protective devices.
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\3\ The NPRM also requested public comment on (1) its assumption
that the proposed revisions would not increase compliance burdens,
and (2) whether it should replace these paragraphs with cross
references to Sec. Sec. 1910.136(b) and 1910.133(b). The Agency
received no comment on either issue.
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Paragraph (a)(5)(v)(a) of Sec. 1910.94 requires that safety shoes
used by abrasive-blasting operators comply with ANSI Z41.1-1967, while
Sec. 1910.252(b)(2)(ii)(I) specifies that filter lenses and plates
used in protective eyewear for welding must comply with the
transmission test for radiant energy prescribed in ANSI Z87.1-1968.
These references are outdated and, therefore, OSHA is amending these
paragraphs so that they are consistent with OSHA's revisions to
Sec. Sec. 1910.133(b) and 1910.136(b).
D. Summary of the Final Rule
With this rulemaking, OSHA is updating the references to national
consensus standards in the PPE sections of its general industry,
shipyard employment, longshoring, and marine terminals rules, thereby
explicitly allowing employers to use PPE constructed in accordance with
the most recent national consensus standards. Numerous comments and
hearing testimony persuaded OSHA to leave the references to national
consensus standards in the regulatory text of the final standard. In
this regard, the Agency decided to allow employers to use any of three
editions of the national consensus standards, which consist of the
post-1986 editions they must use currently and either of the two most
recent editions of these standards. This action is consistent with the
notice provided by the NPRM (72 FR 27771).
The final regulatory text addresses 3M's written comment that, even
though 3M supports the proposal's performance-oriented approach, the
proposal's nonmandatory appendix should be mandatory (Ex. OSHA-2007-
0044-0026). Similarly, it is consistent with the recommendation made by
several trade associations that employers should be able to comply with
their obligations under the proposed rule by continuing to use PPE
constructed in accordance with ANSI and ASTM standards. (See National
Grain and Feed Association and Grain Elevator and Processing Society
(Ex. OSHA-2007-0044-0027); American Bakers Association (Ex. -0028);
NADA (Ex. -0047); see, also, International Association of Drilling
Contractors (Ex. -0022) (stating that OSHA "may wish to consider
including International Standards Organization (ISO) standards" to
the list of standards in the nonmandatory appendices).)
In developing the final rule, the Agency had to decide whether to
allow employers to continue using the editions of the national
consensus standards currently incorporated in its PPE standards. In
this regard, several commenters and witnesses recommended that OSHA
delete references to the versions of the national consensus standards
that are currently incorporated in the OSHA standards, (see, e.g., Ex.
OSHA-2007-0044-0025; Tr. at 81). However, OSHA received testimony from
several witnesses at the hearing that the PPE designed under a previous
standard generally remains safe to use even though it may not conform
totally with the most recent standard, and that allowing employers to
use this PPE would permit them to deplete inventories before they have
to purchase new PPE (Tr. at 90 and 140-143). In addition to these
comments, OSHA proposed in the NPRM to list these editions in the
nonmandatory appendices as examples of national consensus standards
that met the proposal's good design requirement, thereby demonstrating
OSHA's confidence in the level of employee protection afforded by these
national consensus standards. The Agency also noted in the NPRM that
the rulemaking would place no economic burden on employers who may
still be using PPE constructed in accordance with the currently
incorporated editions of the national consensus standards, implying
that these employers could continue using this equipment.\4\ Therefore,
based on the witness testimony and its statements in the NPRM, OSHA is
retaining references to post-1986 editions of the national consensus
standards currently incorporated in its PPE standards.
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\4\ In the NPRM, OSHA specifically noted that it did not believe
that employers were still using PPE constructed in accordance with
the ANSI standards that it adopted to allow employers to continue to
use PPE they purchased before a specified date, and proposed to
delete any reference to these consensus standards from the PPE
standards. OSHA received no comments indicating that employers were
using such PPE currently.
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The regulatory text in the final standards also is consistent with
OSHA's need to alleviate the administrative and practical problems that
arise when current OSHA standards require compliance with outdated
national consensus standards and updated national consensus standards
are available that would enable employers to use PPE that meets design
requirements that would provide employees with an equivalent or
increased level of protection. Although the final rule does not
alleviate the administrative and practical problems completely, OSHA
believes that using direct-final rulemaking will reduce substantially
the burden of revising this final regulatory text to incorporate future
national consensus standards as ANSI and other standards-development
organizations develop them.
The safety shoes required by Sec. 1910.94(a)(5)(v)(a) must comply
with the updated national consensus standards referenced in Sec.
1910.136(b)(1), while the filter lenses and plates in protective
eyewear required by Sec. 1910.252(b)(2) must meet one of the tests for
radiant-energy transmission prescribed in the ANSI standards
incorporated by the updated Sec. 1910.133(b)(1).
OSHA believes these deletions of references to specific outdated
consensus standards will not increase compliance burdens, including
compliance costs, because it is unlikely that employers are using
safety shoes and eyewear manufactured in accordance with ANSI Z41.1-
1967 and ANSI Z87.1-1968, respectively. (See Tr. at 55 (ISEA
representative testifying that employers cannot purchase PPE built to
the ANSI standards that are currently incorporated in OSHA's
standards).) Instead, the Agency presumes that employers are using
safety shoes manufactured in accordance with the 1991 or 1999 editions
of ASTM F-2412-05 and ASTM F-2413-05, and eyewear that complies with
ANSI Z87.1-1989, ANSI 87.1-1989 (R-1998), or ANSI Z87.1-2003.
Regarding safety shoes, OSHA believes that shoes constructed
according to recent national consensus standards provide an appropriate
level of protection, and, moreover, that it is difficult for employers
to purchase shoes constructed in accordance with the referenced 1967
national consensus standard. Similarly, although it is feasible to
purchase protective eye wear that meets an outdated test, if the
protective eye wear meets a subsequent test that provides equivalent or
greater protection, it is unnecessarily confusing to explicitly require
conformity to an outdated test when meeting a more current test
provides the required level of protection. Accordingly, OSHA believes
that complying with related OSHA standards (i.e., Sec. Sec.
1910.133(b) and 1910.136(b)) will provide employees with the latest PPE
technology while also easing employers' compliance obligations. In the
final rule, OSHA revised the phrase "filter lens and plates" to
"filter lens" to conform to the definitions in the recent ANSI
standards. The newly incorporated ANSI standards do not define
"plates," and the definitions of "filter lens" in these standards
are broad enough to encompass "plates" as the term was used in Sec.
1910.252(b)(2)(ii)(I) and the 1968 ANSI standard. OSHA does not
consider this revision to be substantive.
OSHA is retaining in the final rules the proposed provision
allowing employers to use PPE not manufactured in accordance with one
of the incorporated national consensus standards when the employers
meet their burden to demonstrate that the PPE they use provides
employee protection that is at least as effective as PPE constructed in
accordance with the appropriate incorporated national consensus
standard. This provision allows employers to use subsequent national
consensus standards that they can demonstrate provide the requisite
level of employee protection. Differences in this provision, compared
to similar provisions in OSHA's current PPE standards, are editorial
only, and do not alter the substantive requirements of the current
standards.
This rulemaking also deletes the paragraphs in Sec. Sec. 1910.94
and 1910.252 that reference pre-1970 ANSI standards on foot protection
and eye- and face-protective devices, respectively. Instead, employers
must comply with Sec. Sec. 1910.136(b) and 1910.133(b), which consist,
respectively, of requirements for foot protection and eye- and face-
protective devices newly updated under this rulemaking.
Finally, the Agency plans in the future to update the national
consensus standards referenced in its PPE standards as new editions
become available. Once OSHA determines that a new edition of a national
consensus standard provides protection that is equal to or greater than
the editions currently incorporated into its PPE standards, the Agency
will use appropriate rulemaking, including direct-final rulemaking, to
incorporate the new editions, and to remove outdated editions, from the
regulatory text.
II. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 651 et seq., is to achieve to the extent possible safe
and healthful working conditions for all employees. 29 U.S.C. 651(b).
To achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards. 29
U.S.C. 654(b), 655(b). A safety or health standard is a standard that
requires employers to maintain conditions or adopt practices that are
reasonably necessary or appropriate to provide safe or healthful
working conditions. 29 U.S.C. 652(8). A standard is reasonably
necessary or appropriate within the meaning of Section 652(8) of the
OSH Act if a significant risk of material harm exists in the workplace
and the proposed standard would substantially reduce or eliminate that
workplace risk. OSHA already determined that requirements for PPE,
including design requirements, are reasonably necessary or appropriate
within the meaning of Section 652(8). The final rule neither reduces
employee protection nor alters an employer's obligations under the
existing standard. Under the final rule, employers will be able to
continue to use the same equipment they have been using to meet their
compliance obligation under the existing standards' design-criteria
requirements. The final rule provides employers with additional options
for meeting the design-criteria requirement--options most employers
already are using. Therefore, this final rule does not alter the
substantive protection that must be provided to employees and the
compliance burdens on employers. Accordingly, OSHA need not, in this
rulemaking, determine significant risk or the extent to which the final
rule will reduce that risk, as typically required by Industrial Union
Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607
(1980).
B. Final Economic Analysis and Regulatory Flexibility Act Certification
This action is not economically significant within the context of
Executive Order 12866, or a major rule under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking imposes no additional costs on any private
or public sector entity, and does not meet any of the criteria for an
economically significant or major rule specified by the Executive Order
or relevant statutes.
This rulemaking allows employers increased flexibility in choosing
PPE for employees. However, the final rule does not require an employer
to update or replace its PPE solely as a result of this rule if the PPE
currently in use meets the existing standards. Furthermore, because the
rule imposes no costs, OSHA certifies that it would not have a
significant impact on a substantial number of small entities.
C. OMB Review Under the Paperwork Reduction Act of 1995
This rulemaking does not impose new information collection
requirements for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-30.
D. Federalism
OSHA reviewed this final rule in accordance with the Executive
Order on Federalism (Executive Order 13132, 64 FR 43255, August 10,
1999), which requires that agencies, to the extent possible, refrain
from limiting State policy options, consult with States prior to taking
any actions that would restrict State policy options, and take such
actions only when clear constitutional authority exists and the problem
is national in scope. Executive Order 13132 provides for preemption of
State law only with the expressed consent of Congress. Any such
preemption is to be limited to the extent possible.
Under Section 18 of the Occupational Safety and Health Act of 1970
(OSH Act; 29 U.S.C. 667), Congress expressly provides that States may
adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as "State-Plan
States." (29 U.S.C. 667.) Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. Subject to these requirements, State-Plan States are
free to develop and enforce under State law their own requirements for
occupational safety and health standards.
While OSHA drafted this final rule to protect employees in every
State, Section 18(c)(2) of the Act permits State-Plan States and
Territories to develop and enforce their own standards for the design
of personal-protective equipment provided these requirements are at
least as effective in providing safe and healthful employment and
places of employment as the requirements specified in this final rule.
In summary, this final rule complies with Executive Order 13132. In
States without OSHA-approved State Plans, this rulemaking limits State
policy options in the same manner as other OSHA standards. In State-
Plan States, this rulemaking does not significantly limit State policy
options because, as explained in the following section, State-Plan
States do not have to adopt the final rule.
E. State-Plan States
When Federal OSHA promulgates a new standard or amends an existing
standard to be more stringent than it was previously, the 26 States or
U.S. Territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing State standard covering this area is at least as effective
as the new Federal standard or amendment. 29 CFR 1953.5(a). In this
regard, the State standard must be at least as effective as the final
Federal rule, must be applicable to both the private and public (State
and local government employees) sectors, and the States must complete
the rulemaking within six months of the publication date of the Federal
rule. When OSHA promulgates a new standard or amendment that does not
impose additional or more stringent requirements than the existing
standard, State-Plan States need not amend their standards, although
OSHA encourages them to do so. The 26 States and U.S. Territories with
OSHA-approved occupational safety and health plans are: Alaska,
Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington,
and Wyoming; Connecticut, New Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that apply only to State and local
government employees.
With regard to this final rule, it will not impose any additional
or more stringent requirements on employers compared to existing OSHA
standards. Through this rulemaking, OSHA is updating the references in
its regulations to recognize recent editions of the applicable national
consensus standards, and deleting a number of outdated editions of the
national consensus standards referenced in its existing PPE standards.
The final rule does not require employers to update or replace their
PPE solely as a result of this rulemaking if the PPE currently in
use meets the existing standards. Therefore, the final rule does not
require action under 29 CFR 1953.5(a), and States and U.S. Territories
with approved State Plans do not need to adopt this rule or show OSHA
why such action is unnecessary. However, to the extent these States and
Territories have the same standards as the OSHA standards affected by
this final rule, OSHA encourages them to adopt the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this final rule in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093). As discussed above in Section II.B ("Final
Economic Analysis and Regulatory Flexibility Certification") of this
preamble, OSHA determined that this final rule imposes no additional
costs on any private- or public-sector entity. Accordingly, this final
rule requires no additional expenditures by either public or private
employers.
As noted above under Section II.E ("State-Plan States"), OSHA's
standards do not apply to State and local governments except in States
that elected voluntarily to adopt a State Plan approved by the Agency.
Consequently, this final rule does not meet the definition of a
"Federal intergovernmental mandate" (see Section 421(5) of the UMRA
(2 U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the Agency
certifies that this final rule does not mandate that State, local, or
tribal governments adopt new, unfunded regulatory obligations, or
increase expenditures by the private sector of more than $100 million
in any year.
List of Subjects in 29 CFR Parts 1910, 1915, 1917, and 1918
Cutting and brazing, Eye and face protection, Foot protection, Head
protection, Incorporation by reference, Ventilation, and Welding.
III. Authority and Signature
Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, directed the preparation of this final rule.
OSHA is issuing this final rule pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 5
U.S.C. 553, Secretary of Labor's Order 5-2007 (72 FR 31160), and 29 CFR
part 1911.
Signed at Washington, DC, this 28th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
Amendments to Standards
0
For the reasons stated above in the preamble, the Occupational Safety
and Health Administration is amending 29 CFR parts 1910, 1915, 1917,
and 1918 as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
0
1. Revise the authority citation for subpart A of part 1910 to read as
follows:
Authority: Sections 4, 6, 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Orders 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR
9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008),
and 5-2007 (72 FR 31160), as applicable.
Sections 1910.7 and 1910.8 also issued under 29 CFR Part 1911.
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5
U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); and OMB
Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).
0
2. Amend Sec. 1910.6 as follows:
0
a. Revise paragraphs (a)(2) and (a)(4)
0
b. Revise paragraph (e) introductory text
0
c. Revise paragraphs (e)(60), (e)(61), and (e)(67) through (e)(72)
0
d. Add new paragraphs (e)(73), (74), (75), (76), and (77)
0
e. Revise paragraph (h) introductory text
0
f. Add new paragraphs (h)(20) and (h)(21)
The additions and revisions read as follows:
Sec. 1910.6 Incorporation by reference.
(a) * * *
(2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
* * * * *
(4) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of these standards at NARA, telephone: 202-741-6030, or go
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627).
* * * * *
(e) Except as noted, copies of the standards listed below in this
paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York,
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
(60) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(61) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
* * * * *
(67) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. Sec. 1910.133(b)(1)(i) and 1910.252(b)(2)(ii)(I)(1). Copies of
ANSI Z87.1-2003 are available for purchase only from the American
Society of Safety Engineers, 1800 East Oakton Street, Des Plaines, IL
60018-2187; telephone: 847-699-2929; or from the International Safety
Equipment Association (ISEA), 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(68) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1910.133(b) (1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(69) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1910.133(b)(1)(iii). Copies of ANSI Z87.1-1989 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
(70) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR
approved for Sec. Sec. 1910.94(c)(6)(iii)(a), 1910.134(c); and
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii),
(h)(2)(iv), and (i)(4).
(71) ANSI Z89.1-2003, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1910.135(b)(1)(i). Copies of
ANSI Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(72) ANSI Z89.1-1997, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1910.135(b)(1)(ii). Copies of
ANSI Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(73) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1910.135(b)(1)(iii).
(74) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for
Sec. 1910.261(i)(4).
(75) ANSI Z87.1-1968 Practice of Occupational and Educational Eye
and Face Protection; IBR approved for Sec. 1910.261(a)(3)(xxv),
(d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
(76) ANSI Z89.1-1969 Safety Requirements for Industrial Head
Protection; IBR approved for Sec. 1910.261(a)(3)(xxvii), (b)(2),
(g)(15)(v), and (i)(4).
(77) ANSI Z89.2-1971 Safety Requirements for Industrial Protective
Helmets for Electrical Workers, Class B; IBR approved for Sec.
1910.268(i)(1).
* * * * *
(h) Copies of the standards listed below in this paragraph are
available for purchase from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://
www.astm.org:
* * * * *
(20) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1910.136(b)(1)(i).
(21) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(i).
* * * * *
Subpart G--[Amended]
0
3. The authority citation for subpart G of part 1910 continues to read
as follows:
Authority: 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
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29 CFR
part 1911.
0
4. Revise paragraph (a)(5)(v)(a) of Sec. 1910.94 to read as follows:
Sec. 1910.94 Ventilation.
(a) * * *
(5) * * *
(v) * * *
(a) Protective footwear must comply with the requirements specified
by 29 CFR 1910.136(b)(1).
* * * * *
Subpart I--[Amended]
0
5. Revise the authority citation for subpart I of part 1910 to read as
follows:
Authority: 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
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable.
Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued
under 29 CFR part 1911.
Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued
under 29 CFR part 1911 and 5 U.S.C. 553.
0
6. Revise paragraph (b) of Sec. 1910.133 to read as follows:
Sec. 1910.133 Eye and face protection.
* * * * *
(b) Criteria for protective eye and face protection. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
(i) ANSI Z87.1-2003, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1910.6;
(ii) ANSI Z87.1-1989 (R-1998), "American National Standard
Practice for Occupational and Educational Eye and Face Protection,"
which is incorporated by reference in Sec. 1910.6; or
(iii) ANSI Z87.1-1989, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1910.6.
(2) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
* * * * *
0
7. Revise paragraph (b) of Sec. 1910.135 to read as follows:
Sec. 1910.135 Head protection.
* * * * *
(b) Criteria for head protection. (1) Head protection must comply
with any of the following consensus standards:
(i) ANSI Z89.1-2003, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1910.6;
(ii) ANSI Z89.1-1997, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1910.6;
or
(iii) ANSI Z89.1-1986, "American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,"
which is incorporated by reference in Sec. 1910.6.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
0
8. Revise paragraph (b) of Sec. 1910.136 to read as follows:
Sec. 1910.136 Foot protection.
* * * * *
(b) Criteria for protective footwear. (1) Protective footwear must
comply with any of the following consensus standards:
(i) ASTM F-2412-2005, "Standard Test Methods for Foot
Protection," and ASTM F-2413-2005, "Standard Specification for
Performance Requirements for Protective Footwear," which are incorporated
by reference in Sec. 1910.6;
(ii) ANSI Z41-1999, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1910.6; or
(iii) ANSI Z41-1991, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1910.6.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
0
9. Add a paragraph at the end of paragraph 9 in Appendix B to subpart I
that reads as follows:
Appendix B to Subpart I to Part 1910--Non-Mandatory Compliance
Guidelines for Hazard Assessment and Personal Protective Equipment
Selection
* * * * *
9. Selection guidelines for head protection. * * *
Beginning with the ANSI Z89.1-1997 standard, ANSI updated the
classification system for protective helmets. Prior revisions used
type classifications to distinguish between caps and full brimmed
hats. Beginning in 1997, Type I designated helmets designed to
reduce the force of impact resulting from a blow only to the top of
the head, while Type II designated helmets designed to reduce the
force of impact resulting from a blow to the top or sides of the
head. Accordingly, if a hazard assessment indicates that lateral
impact to the head is foreseeable, employers must select Type II
helmets for their employees. To improve comprehension and
usefulness, the 1997 revision also redesignated the electrical-
protective classifications for helmets as follows: "Class G--
General"; helmets designed to reduce the danger of contact with
low-voltage conductors; "Class E--Electrical"; helmets designed to
reduce the danger of contact with conductors at higher voltage
levels; and "Class C--Conductive"; helmets that provide no
protection against contact with electrical hazards.
* * * * *
Subpart Q--[Amended]
0
10. The authority citation for subpart Q of part 1910 continues to read
as follows:
Authority: 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
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29 CFR
part 1911.
0
11. Revise paragraph (b)(2)(ii)(I) of Sec. 1910.252 to read as
follows:
Sec. 1910.252 General requirements.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(I) Filter lenses must meet the test for transmission of radiant
energy prescribed by any of the consensus standards listed in 29 CFR
1910.133(b)(1).
* * * * *
PART 1915--[AMENDED]
0
12. The authority citation for part 1915 continues to read as follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); 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 Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
as applicable; and 29 CFR part 1911.
Subpart A--[Amended]
0
13. Amend Sec. 1915.5 as follows:
0
a. Revise paragraphs (b) and (c).
0
b. Revise paragraph (d)(1) introductory text.
0
c. Revise paragraphs (d)(1)(iv) through (d)(1)(ix).
0
c. Add new paragraphs (d)(1)(x), and (d)(1)(xi).
0
d. Add new paragraph (d)(5).
The revision and additions read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(b)(1) The standards listed in paragraph (d) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
(c) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of these standards at NARA, telephone: 202-741-6030, or go
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627).
(d)(1) Except as noted, copies of the standards listed below in
this paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York,
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
(iv) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(v) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(vi) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(i). Copies of ANSI Z87.1-2003 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or
from the International Safety Equipment Association (ISEA), 1901 North
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax:
703-528-2148; Web site: http://www.safetyequipment.org.
(vii) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1915.153(b)(1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(viii) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(iii).
(ix) ANSI Z89.1-2003, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1915.155(b)(1)(i). Copies of
ANSI Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(x) ANSI Z89.1-1997, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1915.155(b)(1)(ii). Copies of ANSI
Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(xi) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1915.155(b)(1)(iii).
* * * * *
(5) Copies of the standards listed below in this paragraph are
available for purchase from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://
www.astm.org:
(i) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1915.156(b)(1)(i).
(ii) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(i).
Subpart I--[Amended]
0
14. Revise paragraph (b) of Sec. 1915.153 to read as follows:
Sec. 1915.153 Eye and face protection.
* * * * *
(b) Criteria for protective eye and face devices. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
(i) ANSI Z87.1-2003, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1915.5;
(ii) ANSI Z87.1-1989 (R-1998), "American National Standard
Practice for Occupational and Educational Eye and Face Protection,"
which is incorporated by reference in Sec. 1915.5; or
(iii) ANSI Z87.1-1989, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1915.5.
(2) Eye and face protection devices that the employer demonstrates
are at least as effective as protective as eye and face protection
devices that are constructed in accordance with one of the above
consensus standards will be deemed to be in compliance with the
requirements of this section.
0
15. Revise paragraph (b) of Sec. 1915.155 to read as follows:
Sec. 1915.155 Head protection.
* * * * *
(b) Criteria for protective helmets. (1) Head protection must
comply with any of the following consensus standards:
(i) ANSI Z89.1-2003, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1915.5;
(ii) ANSI Z89.1-1997, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1915.5;
or
(iii) ANSI Z89.1-1986, "American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,"
which is incorporated by reference in Sec. 1915.5.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
0
16. Revise paragraph (b) of Sec. 1915.156 to read as follows:
Sec. 1915.156 Foot protection.
* * * * *
(b) Criteria for protective footwear. (1) Protective footwear must
comply with any of the following consensus standards:
(i) ASTM F-2412-2005, "Standard Test Methods for Foot
Protection," and ASTM F-2413-2005, "Standard Specification for
Performance Requirements for Protective Footwear," which are
incorporated by reference in Sec. 1915.5;
(ii) ANSI Z41-1999, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1915.5; or
(iii) ANSI Z41-1991, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1915.5.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
PART 1917--[AMENDED]
0
17. Revise the authority citation for part 1917 to read as follows:
Authority: Section 41, Longshore and Harbor Worker's
Compensation Act (33 U.S.C. 941); 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 Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
as applicable; and 29 CFR part 1911.
Subpart A--[Amended]
0
18. Amend 1917.3 as follows:
0
a. Revise paragraphs (a)(2), (a)(3), and (a)(4).
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraphs (b)(4) through (b)(7).
0
d. Add new paragraphs (b)(8) through (b)(12).
0
e. Add new paragraph (c).
The revisions and additions read as follows:
Sec. 1917.3 Incorporation by reference.
(a) * * *
(2) The standards listed in paragraph (b) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(3) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of Labor,
Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-889-5627).
(4) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, telephone: 202-741-6030, or go
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the material is available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627).
(b) Except as noted, copies of the standards listed below in this
paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York,
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
(4) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(5) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(6) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1917.91(a)(1)(i)(A). Copies of ANSI Z87.1-2003 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or
from the International Safety Equipment Association (ISEA), 1901 North
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax:
703-528-2148; Web site: http://www.safetyequipment.org.
(7) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1917.91(a)(1)(i)(B). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(8) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1917.91(a)(1)(i)(C). Copies of ANSI Z87.1-1989 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
(9) ANSI Z89.1-2003, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1917.93(b)(1)(i). Copies of ANSI
Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(10) ANSI Z89.1-1997, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1917.93(b)(1)(ii). Copies of
ANSI Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(11) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1917.93(b)(1)(iii).
(12) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks,
pages 8 and 13; IBR approved for Sec. 1917.50(j)(1).
(c) Copies of the following standards are available for purchase
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-
9555; e-mail: seviceastm.org; Web site: http://www.astm.org:
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1917.94(b)(1)(i).
(2) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(i).
Subpart E--[Amended]
0
19. Revise paragraph (a)(1) of Sec. 1917.91 to read as follows:
Sec. 1917.91 Eye and face protection.
(a)(1)(i) The employer shall ensure that each affected employee
uses protective eye and face protection devices that comply with any of
the following consensus standards:
(A) ANSI Z87.1-2003, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1917.3;
(B) ANSI Z87.1-1989 (R-1998), "American National Standard Practice
for Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1917.3; or
(C) ANSI Z87.1-1989, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1917.3.
(ii) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
* * * * *
0
20. Revise paragraph (b) of Sec. 1917.93 to read as follows:
Sec. 1917.93 Head protection.
* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) ANSI Z89.1-2003, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1917.3;
(ii) ANSI Z89.1-1997, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1917.3;
or
(iii) ANSI Z89.1-1986, "American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,"
which is incorporated by reference in Sec. 1917.3.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
* * * * *
0
21. Revise paragraph (b) of Sec. 1917.94 to read as follows:
Sec. 1917.94 Foot protection.
* * * * *
(b)(1) The employer must ensure that protective footwear complies
with any of the following consensus standards:
(i) ASTM F-2412-2005, "Standard Test Methods for Foot
Protection," and ASTM F-2413-2005, "Standard Specification for
Performance Requirements for Protective Footwear," which are
incorporated by reference in Sec. 1917.3;
(ii) ANSI Z41-1999, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1917.3; or
(iii) ANSI Z41-1991, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1917.3.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
PART 1918--[AMENDED]
0
22. Revise the authority citation for part 1918 to read as follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); 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 Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
as applicable; and 29 CFR part 1911.
Subpart A--[Amended]
0
23. Amend 1918.3 as follows:
0
a. Revise paragraphs (a)(2), (a)(3), and (a)(4).
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraphs (b)(4) through (b)(6).
0
d. Add new paragraphs (b)(7) through (b)(11).
0
e. Add new paragraph (c).
The revisions and additions read as follows:
Sec. 1918.3 Incorporation by reference.
(a) * * *
(2) The standards listed in paragraph (b) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(3) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
(4) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, telephone: 202-741-6030, or go
to http:/www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627). (b) Except as
noted, copies of the standards listed below in this paragraph are
available for purchase from the American National Standards Institute
(ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone:
212-642-4900; fax: 212-398-0023; Web site:
* * * * *
(4) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1918.104(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(5) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1918.104(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(6) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1918.101(a)(1)(i)(A). Copies of ANSI Z87.1-2003 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or
from the International Safety Equipment Association (ISEA), 1901 North
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax:
703-528-2148; Web site: http://www.safetyequipment.org.
(7) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1918.101(a)(1)(i)(B). Copies of ANSI Z87.1-1989 (R1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(8) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1918.101(a)(1)(i)(C). Copies of ANSI Z87.1-1989 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
(9) ANSI Z89.1-2003, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1918.103(b)(1)(i). Copies of ANSI
Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(10) ANSI Z89.1-1997, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1918.103(b)(1)(ii). Copies of
ANSI Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
http://www.safetyequipment.org.
(11) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1918.103(b)(1)(iii).
(c) Copies of the following standards are available for purchase
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-
9555; e-mail: seviceastm.org; Web site: http://www.astm.org.
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1917.94(b)(1)(i).
(2) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(i).
Subpart J--[Amended]
0
24. Revise paragraph (a)(1) of Sec. 1918.101 to read as follows:
Sec. 1918.101 Eye and face protection.
(a) * * *
(1)(i) Employers must ensure that each employee uses appropriate
eye and/or face protection when the employee is exposed to an eye or
face hazard, and that protective eye and face devices comply with any
of the following consensus standards:
(A) ANSI Z87.1-2003, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1918.3;
(B) ANSI Z87.1-1989 (R1998), "American National Standard Practice
for Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1918.3; or
(C) ANSI Z87.1-1989, "American National Standard Practice for
Occupational and Educational Eye and Face Protection," which is
incorporated by reference in Sec. 1918.3.
(ii) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
* * * * *
0
25. Revise paragraph (b) of Sec. 1918.103 to read as follows:
Sec. 1918.103 Head protection.
* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) ANSI Z89.1-2003, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1918.3;
(ii) ANSI Z89.1-1997, "American National Standard for Industrial
Head Protection," which is incorporated by reference in Sec. 1918.3;
or
(iii) ANSI Z89.1-1986, "American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,"
which is incorporated by reference in Sec. 1918.3.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
* * * * *
0
26. Revise paragraph (b) of Sec. 1918.104 to read as follows:
Sec. 1918.104 Foot protection.
* * * * *
(b)(1) The employer must ensure that protective footwear complies
with any of the following consensus standards:
(i) ASTM F-2412-2005, "Standard Test Methods for Foot
Protection," and ASTM F-2413-2005, "Standard Specification for
Performance Requirements for Protective Footwear," which are
incorporated by reference in Sec. 1918.3;
(ii) ANSI Z41-1999, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1918.3; or
(iii) ANSI Z41-1991, "American National Standard for Personal
Protection--Protective Footwear," which is incorporated by reference
in Sec. 1918.3.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
[FR Doc. E9-21360 Filed 9-8-09; 8:45 am]
BILLING CODE 4510-26-P
