December 30, 2019

Mr. Nicholas Marteny
9121 SE 154th Street
Summerfield, Florida 34491

Dear Mr. Marteny:

Thank you for your letter to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Your letter was referred to OSHA’s Directorate of Enforcement Programs for a response. You have a question related to OSHA’s shipyard employment standard for eye and face protection, 29 CFR § 1915.153. This letter constitutes OSHA’s interpretation only of the requirements discussed and may not be applicable to any question not delineated within your original correspondence. Your paraphrased question and our response is below.

Background: You state that 29 CFR § 1915.153(a)(1) specifically lists various types of “hot work” but makes no reference to exposure to sunlight. Under 29 CFR § 1915.153(a)(1):

The employer shall ensure that each affected employee uses appropriate eye or face protection where there are exposures to eye or face hazards caused by flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

You also mention that the U.S. Environmental Protection Agency (EPA) and the American Optometric Association both recommend the use of sunglasses to protect eyes from exposure to ultraviolet (UV) radiation in sunlight.

Question: Is sunlight potentially injurious light radiation under paragraph (a)(1) of OSHA’s shipyard employment standard for eye and face protection, 29 CFR § 1915.153?

Response: No. The term “potentially injurious light radiation” in 29 CFR § 1915.153(a)(1) refers to intense radiant energy or radiation, such as the radiation that is produced by electric arc welding and gas torch cutting operations. Employees performing these operations must be provided with appropriate eye protection, such as welder’s hoods, helmets, goggles, and safety spectacles fitted with shaded lenses that filter injurious radiant energy, in accordance with Table I-1, 29 CFR § 1915.153(a)(4).

Note that 29 CFR § 1915.153(b), Criteria for protective eye and face devices, incorporates three consensus standards for protective eye and face protection devices (see 29 CFR § 1915.153(b)(1)). These consensus standards require protective eyewear used in welding and gas torch cutting to shield the wearer’s eyes from UV radiation. Technically, such protective eyewear would also likely afford some protection from UV sunlight, but they are not worn as sunglasses; they are worn for work when arc welding or torch cutting.

Conversely, you mentioned that the EPA recommends the use of sunglasses to protect eyes from exposure to UV radiation in sunlight. However, ordinary sunglasses are not designed to provide the level of radiation protection required for welding and cutting operations. For more information, please see the enclosed OSHA publication, Eye Protection against Radiant Energy during Welding and Cutting in Shipyard Employment, which is also available on the OSHA website at: https://www.osha.gov/Publications/OSHAfactsheet-eyeprotection-during-welding.pdf.

Additionally, please see the enclosed OSHA publication, Protecting Yourself in the Sun, OSHA 3166-06R 2003, also available on our website at: https://www.osha.gov/Publications/osha3166.pdf. In this guidance, OSHA states that sunglasses “should block 99 to 100 percent of UVA and UVB radiation.” Please note that when ordinary sunglasses are used on the job for protection against sunlight, or when non-specialty prescription safety eyewear is permitted by the employer to be worn off the job site, OSHA does not require employers to pay for such eyewear. See 29 CFR § 1915.152(f)(4)(ii) and (f)(2), respectively.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA’s requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA’s interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA’s website at www.osha.gov. If you have any further questions, please feel free to contact the Office of Maritime Enforcement at (202) 693-2399.

Sincerely,

Patrick J. Kapust, Acting Director
Directorate of Enforcement Programs

Enclosures