Updating OSHA Standards Based on National Consensus Standards; Eye and Face Protection, 13295-13304 [2015-05521]
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules
List of Subjects in 26 CFR Part 1
DEPARTMENT OF LABOR
Income Taxes, Reporting and
recordkeeping requirements.
Occupational Safety and Health
Administration
Proposed Amendments to the
Regulations
29 CFR Parts 1910, 1915, 1917, 1918,
and 1926
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
[Docket No. OSHA–2014–0024]
RIN 1218–AC87
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding entries
in numerical order to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Section 1.6045–1(n)(11) also issued under
26 U.S.C. 6045(g). * * *
Section 1.6045A–1(e) and (f) also issued
under 26 U.S.C. 6045A(a). * * *
Section 1.6049–10 also issued under 26
U.S.C. 6049(a). * * *
Par. 2. Section 1.6045–1(n)(11) is
added to read as follows:
■
§ 1.6045–1 Returns of information of
brokers and barter exchanges.
[The text of proposed § 1.6045–
1(n)(11) is the same as the text of
§ 1.6045–1T(n)(11) published elsewhere
in this issue of the Federal Register].
■ Par. 3. Sections 1.6045A–1(e) and (f)
are added to read as follows:
§ 1.6045A–1 Statements of information
required in connection with transfers of
securities.
[The text of proposed § 1.6045A–1(e)
and (f) is the same as the text of
§ 1.6045A–1T(e) and (f) published
elsewhere in this issue of the Federal
Register].
■ Par. 4. Section 1.6049–10 is added to
read as follows:
§ 1.6049–10 Reporting of original issue
discount on a tax-exempt obligation.
[The text of proposed § 1.6049–10 is the same
as the text of § 1.6049–10T published
elsewhere in this issue of the Federal
Register].
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
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Updating OSHA Standards Based on
National Consensus Standards; Eye
and Face Protection
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Occupational Safety and
Health Administration (‘‘OSHA’’ or
‘‘Agency’’) is issuing this notice of
proposed rulemaking to update its
general industry, shipyard employment,
marine terminals, longshoring, and
construction eye and face protection
standards by incorporating by reference
the three most recent versions of the
American National Standards Institute
(‘‘ANSI’’ or ‘‘national consensus
standard’’) Occupational and
Educational Eye and Face Protection
standard. In addition, OSHA proposes
to change language in the construction
eye and face protection standard to
make it consistent with both the general
industry and maritime standards.
DATES: Submit comments on this notice
of proposed rule (including comments
on the information-collection
(paperwork) determination described
under the section titled Procedural
Determinations, hearing requests, and
other information) by April 13, 2015.
All submissions must bear a postmark
or provide other evidence of the
submission date (the following section
titled ADDRESSES describes the available
methods of making submissions).
ADDRESSES: Submit comments, hearing
requests, and other information as
follows:
• Electronic. Submit comments
electronically to https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
• Facsimile. OSHA allows facsimile
transmission of comments and hearing
requests that are 10 pages or fewer in
length (including attachments). Send
these documents to the OSHA Docket
Office at (202) 693–1648; OSHA does
not require hard copies of these
documents. Instead of transmitting
facsimile copies of attachments that
supplement these documents (e.g.,
SUMMARY:
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studies, journal articles), commenters
must submit these attachments to the
OSHA Docket Office, Technical Data
Center (TDC), Room N–2625, OSHA,
U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC
20210. These attachments must clearly
identify the sender’s name, date,
subject, and docket number (i.e.,
OSHA–2014–0024 so that the Agency
can attach them to the appropriate
document.
• Regular mail, express delivery,
hand delivery, and messenger (courier)
service. Submit comments and any
additional material (e.g., studies, journal
articles) to the OSHA Docket Office,
Docket No. OSHA–2013–0024 or RIN
1218–AC8708 Technical Data Center,
Room N–2625, OSHA, U.S. Department
of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202)
693–2350. (OSHA’s TTY number is
(877) 889–5627)). Note that security
procedures may result in significant
delays in receiving comments and other
written materials by regular mail.
Contact the OSHA Docket Office for
information about security procedures
for delivery of materials by express
delivery, hand delivery, and messenger
service. The hours of operation for the
OSHA Docket Office are 8:15 a.m. to
4:45 p.m., e.t.
• Instructions. All submissions must
include the Agency name and the OSHA
docket number (i.e., OSHA Docket No.
OSHA–2014–0024). OSHA will place
comments and other material, including
any personal information, in the public
docket without revision, and these
materials will be available online at:
https://www.regulations.gov. Therefore,
the Agency cautions commenters about
submitting statements they do not want
made public, or submitting comments
that contain personal information
(either about themselves or others), such
as social security numbers, birth dates,
and medical data.
OSHA invites comments on all issues
related to this notice of proposed
rulemaking. The Agency also welcomes
comments on its findings that this
notice of proposed rulemaking will have
no impact on the regulated community.
• Docket. To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. The electronic
docket for this notice of proposed rule
established at https://
www.regulations.gov contains most of
the documents in the docket. Some
information (e.g., copyrighted material),
however, cannot be read or downloaded
through this Web site. All submissions,
including copyrighted material, are
accessible at the OSHA Docket Office.
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries: Contact Frank Meilinger,
OSHA Office of Communications, Room
N–3647, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC
20210; telephone: (202) 693–1999,
email: meilinger.francis2@dol.gov.
Technical inquiries: Contact Kenneth
Stevanus, Directorate of Standards and
Guidance, Room N–3609, OSHA, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210;
telephone: (202) 693–2260; fax: (202)
693–1663; email; stevanus.ken@dol.gov.
Copies of this Federal Register
notice. Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as news releases
and other relevant information, also are
available at OSHA’s Web page at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION: The
preamble to the proposed standard
follows this outline:
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I. Background
A. OSHA’s Eye and Face Protection
Standards
B. ANSI’s Occupational and Educational
Eye and Face Protection Standard
a. Comparison Between the 2010 and 2003
Versions of ANSI Z87.1
b. Comparison Between the 2010 and 1968
Versions of ANSI Z87.1
C. Overview of Proposed Rulemaking
D. Reasonable Availability of the ANSI
Standard to the Public
II. Summary and Explanation of Revisions to
the Eye and Face Protection Standards
A. Updating the General Industry and
Maritime Industry Standards
B. Updating the Construction Industry
Standard
III. Procedural Determinations
A. Legal Considerations
B. Preliminary 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 of 1995
G. Consultation and Coordination With
Indian Tribal Governments
H. Consultation With the Advisory
Committee on Construction Safety and
Health
IV. Authority and Signature
I. Background
A. OSHA’s Eye and Face Protection
Standards
The original OSHA standards
addressing eye and face protection were
adopted in 1971 from established
Federal standards and national
consensus standards to address the
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various workplace hazards that pose a
significant risk of death or injury. Since
then, OSHA has amended its standards
on numerous occasions, most recently
in 2009 for the general industry,
shipyard employment, longshoring, and
marine terminals standards (74 FR
46350), and in 1993 for the construction
standard (58 FR 35309). See 29 CFR
1910.133 (General Industry); 29 CFR
1915.153 (Shipyard Employment); 29
CFR 1917.91 (Marine Terminals); 29
CFR 1918.101 (Longshoring); and 29
CFR 1926.102 (Construction). The
general industry and maritime standards
require that eye and face protection
comply with national consensus
standards incorporated by reference
unless the employer demonstrates that
non-specified eye and face protection
equipment is at least as protective of
workers. See 29 CFR 1910.133(b)(2); 29
CFR 1915.153(b)(2); 29 CFR
1917.91(a)(1)(ii); and 29 CFR
1918.101(a)(1)(ii). The construction
standard requires that eye and face
protection meet the requirements of
ANSI Z87.1–1968. See 29 CFR
1926.102(a)(2). Each of these provisions
are part of OSHA’s comprehensive
requirements to ensure that employees
use personal protective equipment that
will protect them from hazards in the
workplace.
B. ANSI’s Occupational and
Educational Eye and Face Protection
Standard
ANSI’s Occupational and Educational
Eye and Face Protection, Z87.1, was first
published in 1968 and revised in 1979,
1989, 2003, and 2010. The 1979 version
was nearly identical to the 1968 version;
it contained only minor changes in
language and organization. The 1989
version emphasized performance
requirements to encourage and
accommodate advancements in design,
materials, technologies, and product
performance. Performance requirements
were specified wherever practical.
Minimum thickness requirements for
protectors were added and new impact
testing requirements were established to
ensure that protectors intended to
provide side protection were tested from
the side and the front. This version also
improved the transmittance
requirements for filter lenses. The 2003
version added an enhanced user
selection chart with a system for
selecting equipment (e.g., spectacles,
goggles, and faceshields) that adequately
protects from a particular hazard.
Unlike earlier versions, the 2010
version of ANSI Z87.1 focuses on a
hazard, such as droplet and splash,
impact, optical radiation, dust, fine
dust, and mist, and specifies the type of
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equipment needed to protect from that
hazard. Earlier versions focused on
protector type, such as spectacles,
goggles, faceshields, or welding hats.
See Ex. OSHA–2014–0024–0001 (a sideby-side comparison of versions prepared
by OSHA). It contains general
requirements for all protector types,
which assess optical qualities,
minimum robustness, ignition,
corrosion resistance, and minimum
coverage. It also includes performance
assessments that are unique to a specific
protector configuration such as welding
devices or prescription safety eyewear.
Finally, it defines the number of
samples to be tested when assessing a
protector’s ability to meet applicable
performance criteria.
a. Comparison Between the 2010 and
2003 Versions of ANSI Z87.1
The 2010 version of ANSI Z87.1 adds
new requirements to and changes the
structure of the 2003 version. See Ex.
OSHA–2014–0024–0001 (a side-by-side
comparison of versions prepared by
OSHA). Section 5 of the 2010 version,
general requirements, adds Section 5.2,
which requires that protectors are free
from projections, sharp edges, or other
defects. The drop ball impact test,
which appeared in Section 7.3.1 of the
2003 version, is in Section 5.2.1 of the
2010 version. Additionally, the test is
universally-applied rather than
protector-dependent. Section 7.6 of the
2003 version, flammability, has been
replaced with Section 5.2.3, ignition.
The new section states that protectors
shall not ignite or continue to glow once
the rod is removed. It also states that
each externally-exposed material shall
be tested. Section 5.2.5 adds
requirements for the minimum coverage
area of the eyewire and lens. Section 5.4
adds marking requirements and states
that protectors shall bear the permanent
marking in specified locations.
In Section 6 of the 2010 version,
impact protector requirements, the
spectacle frame test that appeared in
Section 7.2 of the 2003 version, has
been moved to Section 6.12, and now
requires components to be tested as a
complete device. Section 6.13 adds a
requirement for lateral side coverage,
and states that the impact-rated
protectors shall provide continuous
lateral coverage with specified
diameters/dimensions. Section 6.2.5
includes qualifications for prescription
lens material and lists different ways
that the lens can fail to meet the
qualifications. Section 6.2.6 adds
qualifications for prescription lens
mounting. It also requires that complete
devices using representative test lenses
meeting the requirements of Section
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6.2.5 be capable of resisting high mass
and high velocity impact. Section 6.3
provides additional impact
requirements for specific protectors,
such as devices with lift fronts, welding
helmets, and faceshields, and
prescription lens carriers behind plano
protectors.
Section 7 of the 2010 version, optical
radiation protector requirements, adds a
requirement to test in lightest to darkest
states in Section 7.1.3. Section 7.2.1
adds a requirement that goggle housing
intended to provide protection against
optical radiation meet transmittance
requirements of shade 6 or higher.
Section 8 of the 2010 version, droplet
and splash, dust, and fine dust protector
requirements, adds a new requirement
to Section 8.1.1 that goggles be tested so
that the droplets or liquid splash do not
cause a red coloration. Section 8.1.2
mandates that a laser beam not make
direct contact with any point on the eyeregion rectangle ‘‘without first being
intercepted by the faceshield.’’
Section 14 of the 2003 version is
section 9 in the 2010 version and
addresses test methods. This section
requires testing at standard laboratory
conditions rather than normal
laboratory ambient conditions required
in the previous version. Section 9.10
includes new testing requirements for
lateral protection to assess the lateral
protection area of a complete device.
Section 9.14 includes a new
prescription lens test that requires lens
materials to withstand impact from high
velocity. Section 9.16 is a new testing
requirement for goggles and faceshields
that require a determination of the
protector’s capability to keep liquid
splashes and sprays from reaching eyes.
Sections 9.17 and 9.18 contain new
requirements to, respectively, determine
the protector’s capability to keep larger
dust particles and fine dust particles
from reaching the wearer’s eyes. Finally,
Sections 7.8, 8.8, 9.8, and 10.8 of the
2003 version, which addressed
cleanability of spectacles and goggles,
were removed.
b. Comparison Between the 2010 and
1968 Versions of ANSI Z87.1
The 2010 version of ANSI Z87.1 also
differs significantly from the 1968
version. See Ex. OSHA–2014–0024–
0002 (a side-by-side comparison of
versions prepared by OSHA). Whereas
the scope of the 1968 version simply
states that it applies to all occupational
operations, the 2010 scope is far more
specific in that it sets forth criteria
related to the general requirements,
testing, permanent marking, selection,
care, and use of protectors to minimize
the occurrence and severity or
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prevention of injuries from the different
types of hazards. In addition, the 2010
version excludes more hazardous
exposures than the 1968 version,
including bloodborne pathogens,
microwaves, radio-frequency radiation,
and sports and recreation. It also
removes nearly all of the definitions
contained in the 1968 version and
makes significant alterations to the
remaining definitions. For example, the
1968 definitions for ultraviolet and
infrared radiation were defined as
within the range of 50 to 390 nm and
770 to 12000 nm, respectively. The 2010
version defines these ranges from 200 to
380 nm and 780 to 2000 nm,
respectively.
C. Overview of Proposed Rulemaking
As discussed in a previous Federal
Register notice (69 FR 68283), OSHA is
undertaking a series of projects to
incorporate the latest versions of
national consensus and industry
standards into its regulations. These
projects include removing outdated
national consensus and industry
standards and updating regulatory text.
On May 17, 2007, OSHA published a
notice of proposed rulemaking (72 FR
27771) entitled ‘‘Updating OSHA
Standards Based on National Consensus
Standards; Personal Protective
Equipment.’’ This notice did not
include a revision of the construction
industry standards that cover personal
protective equipment, which had last
been updated in 1993. 58 FR 35160. In
response to the notice, the Agency
received approximately 25 comments.
On December 4, 2007, OSHA held an
informal public hearing at which nine
witnesses testified. Several of the
commenters and witnesses questioned
the Agency’s decision not to include the
construction industry in this
rulemaking. See Exs. OSHA–2007–
0044–0021 and –0034; see also, Tr. at
18–19 and 51–52. OSHA responded that
limited resources did not permit
inclusion of the construction industry at
that time. Tr. at 18–19; see also, 74 FR
46352.
On September 9, 2009, OSHA
published the final rule (74 FR 46350),
which became effective on October 9,
2009, and pertained only to the general
industry and maritime standards. The
final rule did not include a reference to
the 2010 edition of the ANSI standard
because this edition was not available to
OSHA prior to February 8, 2008, the
date on which the administrative law
judge who presided over the hearing
closed the rulemaking record.
By this notice, OSHA is proposing to
update the references in 29 CFR
1910.133(b)(1), 29 CFR 1915.153(b)(1),
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29 CFR 1917.91(a)(1)(i), and 29 CFR
1918.101(a)(1)(i) to include ANSI
Z87.1–2010, the most recent version of
that standard and delete the reference to
ANSI Z87.1–1989. As a result, these
provisions will allow use of eye and
face protection that complies with the
three most recent editions of the
consensus standard, i.e., ANSI Z87.1–
2010, Z87.1–2003 and Z87.1–1989 (R–
1998). In addition, OSHA is proposing
to amend 29 CFR 1926.102(a)(2) of the
construction standard to remove ANSI
Z87.1–1968 and add the three most
recent versions of the ANSI standard to
29 CFR 1926.102(b)(1). This will make
the ANSI references in the construction
standard identical to those in the
general industry and maritime
standards. This action addresses the
comments received during the initial
rulemaking, cited above, and as stated
above, will ensure consistency among
the Agency’s standards. These changes
also eliminate any confusion, clarify
employer obligations, and provide upto-date protection for workers exposed
to eye and face hazards.
D. Reasonable Availability of the ANSI
Standard to the Public
OSHA believes that the ANSI
standards included in this proposal are
reasonably available to interested
parties. The 2010, 2003, and 1989 (R–
1998) versions of ANSI Z87.1 can be
purchased as a package from ANSI in
pdf form for $57 (https://
webstore.ansi.org/). All three are also
available for purchase at both the IHS
Standards (https://global.ihs.com/) or
Techstreet (https://www.techstreet.com/)
stores. In addition, they are available at
OSHA’s docket office for review. In
addition, both the 2003 and 1989 (R–
1998) versions are available at OSHA’s
regional offices for review. If OSHA
ultimately finalizes this rule, all three
documents would be maintained in
OSHA’s national and regional offices for
review by the public.
II. Summary and Explanation of
Revisions to the Eye and Face
Protection Standards
A. Updating the General Industry and
Maritime Industry Standards
OSHA adopted the previous revision
of the general industry and maritime eye
and face protection standards on
September 9, 2009. 74 FR 46350. These
revisions, which became effective on
October 9, 2009, permit compliance
with ANSI Z87.1–2003, ANSI Z87.1–
1989 (R–1998), or ANSI Z87.1–1989.
Since OSHA published the previous
revision, ANSI Z87.1–2010 has become
available. This rulemaking will update
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the references in 29 CFR 1910.133(b)(1),
29 CFR 1915.153(b)(1), 29 CFR
1917.91(a)(1)(i), and 29 CFR
1918.103(a)(1)(i) to recognize the 2010
edition of ANSI Z87.1 and delete the
reference to Z87.1–1989. It will also
update the general incorporation by
reference section for each of these
standards (i.e., 29 CFR 1910.6, 1915.5,
1917.3, 1918.3) to reflect the
incorporation of ANSI Z87.1–2010,
ANSI Z87.1–2003, and ANSI Z87.1–
1989 (R–1998).
Since it is OSHA’s understanding that
eye and face protection is now only
designed, tested, or manufactured in
accordance with the 2010, 2003, or 1989
(R–1998) versions of ANSI Z87.1, OSHA
believes these updates are consistent
with the usual and customary practice
of employers in the general and
maritime industries. Therefore,
incorporating by reference ANSI Z87.1–
2010, and deleting ANSI Z87.1–1989,
will not add a compliance burden for
employers. OSHA invites public
comment on whether the revisions in
the 2010 edition of the consensus
standard represent current industry
practice, as well as any other issues
raised by OSHA’s proposed revisions to
the general industry and maritime eye
and face protection standards.
B. Updating the Construction Industry
Standard
The proposed update to the
construction eye and face protection
standard involves: (1) Changes to the
ANSI standard references and (2)
inclusion of language from the general
industry eye and face protection
standard. With respect to the ANSI
standard update, OSHA will amend 29
CFR 1926.6 and 1926.102, which
currently incorporate by reference ANSI
Z87.1–1968, to include the three most
recent versions of the ANSI standard,
ANSI Z87.1–2010, ANSI Z87.1–2003,
and ANSI Z87.1–1989 (R–1998). With
respect to the inclusion of language
from the general industry standard,
OSHA will modify certain existing
language to make it nearly identical to
the language in the general industry
standard’s eye and face protection
provisions. It will also retain provisions
unique to the current construction
standard that do not appear to be
covered in the versions of the ANSI
Z87.1 incorporated by the proposal.
These changes better reflect the
requirements of the newer consensus
standards and ease compliance for
employers whose employees might also
perform work covered by the general
industry or maritime standards.
Specifically, OSHA is proposing to
replace sections 1926.102(a)(1) through
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(a)(3), and (a)(7) with the language
found in the general industry standard
at 1910.133(a)(1) through (a)(4) and
1910.133(b). The Agency will also
replace: (1) The statement of scope in
section 1926.102(a)(1) with the
statement of scope in 1910.133(a)(1); (2)
the reference to the 1968 ANSI standard
in 1926.102(a)(2) with the updated list
of national consensus standards in
1910.133(b)(1); and (3) the requirements
for corrective lenses in 1926.102(a)(3)
with the corrective-lens requirements in
1910.133(a)(3). The proposal deletes
section 1926.102(a)(4)’s requirement to
keep the protective equipment clean, in
good repair, and free of structural and
optical defects. This provision does not
appear in 1910.133, and is addressed by
requirements in each of the three
versions of Z87.1 included in the
proposal. See, e.g., ANSI Z87.1–2010
(sections 10.3 and 10.4); ANSI Z87.1–
2003 (section 6.2.6); and ANSI Z87.1–
1989 (R 1998) (sections 14.4, 14.5, 15.7).
The proposal also removes Table E–1,
Eye and Face Protector Selection Guide,
which is specific to the 1968 version of
ANSI Z87.1 and referenced in the
current section 1926.102(a)(5). Removal
of Table E–1 is of no consequence
because employers and employees may
use any of the three newly-referenced
ANSI standards, which contain similar
selection guides. See ANSI Z87.1–2010,
Annex I. Selection Chart, ANSI Z87.1–
2003, Annex I—Selection Chart, or
ANSI Z87.1–1989 (R–1998), Selection
Chart. Once Table E–1 is removed,
OSHA will renumber Tables E–2 and E–
3 under this paragraph as Tables E–1
and E–2, respectively.
The proposal retains section
1926.102(a)(6)—which specifies, among
other requirements, that protectors must
be capable of being disinfected, easily
cleanable, and durable—because its
language does not appear to be in the
most recent ANSI standard, Z87.1–2010.
The proposal also substitutes the
marking requirement specified by
section 1926.102(a)(7) with the marking
requirement in section 1910.133(a)(4).
In addition, the proposal will delete the
requirement in 1926.102(a)(8)—that
employers must transmit information
from manufacturers to users about
equipment limitations or precautions
and that such limitations and
precautions must be strictly observed—
to bring the section into closer
alignment with the general industry
standard because this requirement is
covered by requirements in each of the
ANSI standards (see ANSI Z87.1–2010,
section 10.2; ANSI Z87.1–2003, section
6.2.6; ANSI Z87.1–1989 (R 1998),
section 14.2. The language adopted from
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the general industry standard will add
a provision to the construction standard
that permits an employer to use eye and
face protection not manufactured in
accordance with one of the incorporated
ANSI Z87.1 standards if the employer
can demonstrate compliance with one of
the incorporated ANSI Z87.1 standards
(i.e., the equivalent-protection
provision). Finally, section 1926.102(b)
will be redesignated as section
1926.102(c).
OSHA believes that it is consistent
with employers’ usual and customary
practice in the construction industry to
require use of eye and face protection
that complies with ANSI Z87.1–2010,
ANSI Z87.1–2003, or ANSI Z87.1–1989
(R–1998). Accordingly, the Agency
determined that incorporating these
editions of ANSI Z87.1 consensus
standards for eye and face protection
into 29 CFR 1926.102(b)(1) does not add
a compliance burden for employers.
OSHA invites public comment on
whether use of eye and face protection
that complies with ANSI Z87.1–2010,
ANSI Z87.1–2003, or ANSI Z87.1–1989
(R–1998) and inclusion of language from
the general industry standard’s eye and
face provisions accords with employers’
usual and customary practice in the
construction industry, as well as any
other issues raised by OSHA’s proposed
revisions to the construction standard
for eye and face protection.
III. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational
Safety and Health Act of 1970 (OSH
Act) 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 ‘‘which requires conditions, or
the adoption or use of one or more
practices, means, methods, operations,
or processes reasonably necessary or
appropriate to provide safe or healthful
employment and places of
employment.’’ 29 U.S.C. 652(8). A
standard is reasonably necessary or
appropriate within the meaning of
Section 652(8) of the OSH Act when a
significant risk of material harm exists
in the workplace and the standard
would substantially reduce or eliminate
that workplace risk. See Indus. Union
Dep’t, AFL–CIO v. Am. Petroleum Inst.,
448 U.S. 607 (1980). OSHA already
determined that requirements specified
by eye and face protection standards,
including design requirements, are
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are not required to update or replace
that protection solely as a result of this
rule if the employer’s current practice
meets the revised standards. Because
the rule imposes no costs, OSHA
certifies that it will not have a
significant economic impact on a
substantial number of private or public
sector entities and does not meet any of
the criteria for an economically
significant or major rule specified by the
Executive Order or relevant statutes.
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reasonably necessary or appropriate
within the meaning of Section 652(8).
See, e.g., 49 FR 49726, 49737 (1978); 51
FR 33251, 33251–59 (1986).
Moreover, this notice of proposed
rulemaking neither reduces employee
protection nor alters an employer’s
obligations under the existing standards.
With respect to employee protection,
because the proposal will allow
employers to continue to provide the
same eye and face protection they
currently provide, employees’
protection will not change. In terms of
employers’ obligations, the proposal
will allow employers additional options
for meeting the design-criteria
requirements for eye and face
protection. Accordingly, this proposal
does not require an additional
significant risk finding (cf. Edison Elec.
Inst. v. OSHA, 849 F.2d 611, 620 (D.C.
Cir. 1988)).
In addition, a safety standard must be
technologically feasible. See UAW v.
OSHA, 37 F.3d 665, 668 (D.C. Cir.
1994). A standard is technologically
feasible when the protective measures it
requires already exist, when available
technology can bring the protective
measures into existence, or when that
technology is reasonably likely to
develop. See Am. Textile Mfrs. Inst. v.
OSHA, 452 U.S. 490, 513 (1981); Am.
Iron and Steel Inst. v. OSHA, 939 F.2d
975, 980 (D.C. Cir. 1991)). The proposed
revisions detailed in this NPRM are
technologically feasible because: (1)
Protectors are already manufactured in
accordance with the 2010 ANSI
standard or the other versions permitted
under the revision and (2) employers
already comply with the 2003 and 1998
versions of the ANSI standard
incorporated by reference into the
general industry and maritime
standards, which will remain in effect
under the proposed rule.
C. OMB Review Under the Paperwork
Reduction Act of 1995
This notice of proposed rulemaking
does not establish or revise any
collection of information requirements
for purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501.
Accordingly, the Agency did not submit
an Information Collection Request to
OMB in association with this
rulemaking.
Members of the public may respond
to this paperwork determination by
sending their written comments to the
Office of Information and Regulatory
Affairs, Attn: OSHA Desk Officer (RIN
1218–AC77), Office of Management and
Budget, Room 10235, 725 17th Street
NW., Washington, DC 20503. The
Agency encourages commenters to
submit these comments to the
rulemaking docket, along with their
comments on other parts of this notice
of proposed rulemaking. For
instructions on submitting these
comments and accessing the docket, see
the sections of this Federal Register
document titled DATES and ADDRESSES.
To make inquiries or to request other
information contact Mr. Todd Owen,
Directorate of Standards and Guidance,
OSHA, Room N–3609, U.S. Department
of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202)
693–2222.
B. Preliminary Economic Analysis and
Regulatory Flexibility Act Certification
OSHA has preliminarily determined
that employers can comply with the
proposed rule by following their current
usual and customary practice in
providing eye and face protection to
their employees. Therefore, OSHA finds
that this notice of proposed rulemaking
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. In addition,
this notice of proposed rulemaking
complies with Executive Order 13563
because employers are allowed
increased flexibility in choosing eye and
face protection for their employees and
D. Federalism
OSHA reviewed this notice of
proposed rulemaking 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.
Agencies must limit any such
preemption to the extent possible.
Under Section 18 of the OSH Act, 29
U.S.C. 651 et seq., Congress expressly
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provides that states may adopt, with
Federal approval, a plan for the
development and enforcement of
occupational safety and health
standards (29 U.S.C. 667); OSHA refers
to states that obtain Federal approval for
such a plan as ‘‘State Plan states.’’
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. 29 U.S.C. 667. 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 notice of
proposed rulemaking to protect
employees in every state, Section
18(c)(2) of the OSH Act permits State
Plan states and U.S. territories to
develop and enforce their own
standards for eye and face protection
provided these requirements are at least
as effective in providing safe and
healthful employment and places of
employment as the requirements
specified in this notice of proposed
rulemaking.
In summary, this notice of proposed
rulemaking complies with Executive
Order 13132. In states without OSHAapproved 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 this notice of
proposed rulemaking
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 27 states or U.S.
territories with their own OSHAapproved 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 in protecting workers
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. State Plan states must adopt the
Federal standard or complete their own
standard within six months of the
publication date of the final Federal
rule. When OSHA promulgates a new
standard or amendment that does not
impose additional or more stringent
requirements than the existing standard,
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State Plan states need not amend their
standards, although OSHA may
encourage them to do so. The following
21 states and 1 U.S. territory have
OSHA-approved occupational safety
and health plans that apply only to
private-sector employers: 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. In
addition, Connecticut, Illinois, New
Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that
apply only to state and local
government employees.
When OSHA promulgates a new final
rule, states and territories with
approved State Plans must adopt
comparable amendments to their
standards relating to personal protective
equipment across OSHA’s various
industries within six months of OSHA’s
promulgation of the final rule unless
they demonstrate that such a change is
not necessary because their existing
standards are already the same, or at
least as effective, as OSHA’s new final
rule.
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F. Unfunded Mandates Reform Act of
1995
OSHA reviewed this notice of
proposed rulemaking according to the
Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1501–1571, and
Executive Order 12875, 58 FR 58093
(1993). As discussed above in Section
IV.B (‘‘Preliminary Economic Analysis
and Regulatory Flexibility
Certification’’) of this preamble, OSHA
preliminarily determined that the
proposed rule imposes no additional
costs on any private-sector or publicsector entity. Accordingly, this notice of
proposed rulemaking requires no
additional expenditures by either public
or private employers.
As noted above under Section IV.E
(‘‘State Plan States’’) of this preamble,
OSHA standards do not apply to state or
local governments except in states that
elected voluntarily to adopt an OSHAapproved state plan. Consequently, this
notice of proposed rulemaking does not
meet the definition of a ‘‘Federal
intergovernmental mandate.’’ See 2
U.S.C. 658(5). Therefore, for the
purposes of the UMRA, OSHA certifies
that this notice of proposed rulemaking
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.
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G. Consultation and Coordination With
Indian Tribal Governments
OSHA reviewed this notice of
proposed rulemaking in accordance
with Executive Order 13175, 65 FR
67249 (2000), and determined that it
does not have ‘‘tribal implications’’ as
defined in that order. As proposed, the
rule does not have substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.
H. Consultation With the Advisory
Committee on Construction Safety and
Health
Under 29 CFR parts 1911 and 1912,
OSHA must consult with the Advisory
Committee on Construction Safety and
Health (‘‘ACCSH’’ or ‘‘the Committee’’),
established pursuant to Section 107 of
the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.),
in setting standards for construction
work. Specifically, 29 CFR 1911.10(a)
requires the Assistant Secretary to
provide the ACCSH with a draft
proposed rule (along with pertinent
factual information) and give the
Committee an opportunity to submit
recommendations. See also 29 CFR
1912.3(a) (‘‘[W]henever occupational
safety or health standards for
construction activities are proposed, the
Assistant Secretary [for Occupational
Safety and Health] shall consult the
Advisory Committee’’).
On May 8, 2014, OSHA presented its
proposal to update the Agency’s eye and
face protection standards including its
construction standard at 29 CFR
1926.102 to the ACCSH. OSHA
presented the committee two options for
updating of its construction standard. In
the first option OSHA proposed to
replace the provisions in the
construction standard with those of the
general industry and maritime
standards, except for those that were
unique to the construction industry
standard. This would make the
construction eye and face protection
standard nearly identical to the general
industry and maritime standards
however, it would preserve those
provisions that are unique to the
construction standard.
The second option proposed would
substitute only the three most current
ANSI standards for the outdated ANSI
standard currently cited and include the
new provision allowing the use of any
equivalent-protection standards. The
remaining provisions of the
construction standard would stay intact
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except for the removal of Table E–1
which references the outdated ANSI
standard. This option would retain
existing requirements that are familiar
to employers and employees in the
construction industry. The Committee
subsequently selected the first option
and passed a motion recommending that
the Agency move forward in the
rulemaking process. (See the minutes
from the meeting Docket No. OSHA–
2014–0024–0004; see also two options
for an update, available at Docket No.
OSHA–2014–0024–0003).
List of Subjects in 29 CFR Parts 1910,
1915, 1917, 1918, and 1926
Incorporation by reference,
Occupational safety and health,
Personal protective equipment.
IV. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210,
authorized the preparation of this
notice. OSHA is issuing this proposed
rule pursuant to 29 U.S.C. 653, 655, and
657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553;
Secretary of Labor’s Order 1–2012, 77
FR 3912 (2012); and 29 CFR part 1911.
Signed at Washington, DC, on March 2,
2015.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Amendments to Standards
For the reasons stated above in the
preamble, the Occupational Safety and
Health Administration proposes to
amend 29 CFR parts 1910, 1915, 1917,
1918 and 1926 as follows:
PART 1910—[AMENDED]
Subpart A—[Amended]
1. The authority citation for subpart A
of part 1910 continues to read as
follows:
■
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order Numbers 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), 5–2007 (72 FR 31159), 4–2010 (75 FR
55355), or 1–2012 (77 FR 3912), as
applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9
also issued under 29 CFR 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); Pub. L. 11–8 and
111–317; and OMB Circular A–25 (dated July
8, 1993) (58 FR 38142, July 15, 1993).
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2. Amend § 1910.6 by revising
paragraphs (e)(69) through (e)(71) to
read as follows:
■
§ 1910.6
Incorporation by reference.
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*
*
*
*
*
(e) * * *
(69) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, approved April 13,
2010; IBR approved for
§ 1910.133(b)(1)(i). Copies are available
for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(70) ANSI Z87.1–2003, Occupational
and Educational Eye and Face Personal
Protection Devices, approved June 19,
2003; IBR approved for
§§ 1910.133(b)(1)(ii). Copies available
for purchase from the:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(71) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection;
IBR approved for § 1910.133(b)(1)(iii).
Copies are available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
*
*
*
*
*
Subpart I—[Amended]
3. The authority citation for subpart I
of part 1910 continues to read as
follows:
■
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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
Order No. 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), 5–2007 (72 FR
31160), 4–2010 (75 FR 55355), or 1–2012 (77
FR 3912), as applicable, and 29 CFR part
1911; Sections 1910.132, 1910.134, and
1910.138 of 29 CFR also issued under 29 CFR
1911; Sections 1910.133, 1910.135, and
1910.136 of 29 CFR also issued under 29 CFR
1911 and 5 U.S.C. 553.
4. Amend § 1910.133 by revising
paragraph (b)(1) to read as follows:
■
§ 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 Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1910.6;
(ii) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1910.6; or
(iii) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection,
incorporated by reference in § 1910.6;
*
*
*
*
*
PART 1915—[AMENDED]
5. 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
Order No. 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), 5–2007 (72 FR
31160), 4–2010 (75 FR 55355), or 1–2012 (77
FR 3912), as applicable; 29 CFR part 1911.
Section 1915.100 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR
also issued under 29 CFR part 1911.
Source: 47 FR 16986, Apr. 20, 1982, unless
otherwise noted.
6. Amend § 1915.5 by revising
paragraphs (d)(1)(vi) through (d)(1)(viii)
to read as follows:
■
§ 1915.5
Incorporation by reference.
*
*
*
*
*
(d)(1) * * *
(vi) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, approved April 13,
2010; IBR approved for
§ 1915.153(b)(1)(i). Copies are available
for purchase from:
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13301
(A) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(vii) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, approved June 19,
2003; IBR approved for
§ 1910.153(b)(1)(ii). Copies available for
purchase from the:
(A) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(viii) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection;
IBR approved for § 1910.153(b)(1)(iii).
Copies are available for purchase from:
(A) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
*
*
*
*
*
Subpart I—[Amended]
7. Amend § 1915.153 by revising
paragraph (b)(1) to read as follows:
■
§ 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 Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1915.5;
(ii) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
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Protection Devices, incorporated by
reference in § 1915.5; or
(iii) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection,
incorporated by reference in § 1915.5;
*
*
*
*
*
PART 1917—[AMENDED]
8. The authority citation for part 1917
continues to read as follows:
■
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 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), 5–2007 (72 FR 31160), 4–2010 (75
FR 55355), or 1–2012 (77 7 FR 3912),as
applicable; and 29 CFR 1911.
Section 1917.28 also issued under 5 U.S.C.
553.
Section 1917.29 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
Source: 48 FR 30909, July 5, 1983, unless
otherwise noted.
*
*
*
*
*
9. Amend § 1917.3 by revising
paragraphs (b)(6) through (b)(8) to read
as follows:
■
§ 1917.3
Incorporation by reference.
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*
*
*
*
*
(b) * * *
(6) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, approved April 13,
2010; IBR approved for
§ 1917.91(a)(1)(i)(A). Copies are
available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(7) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, approved June 19,
2003; IBR approved for
§ 1917.91(a)(1)(i)(B). Copies available for
purchase from the:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
VerDate Sep<11>2014
17:15 Mar 12, 2015
Jkt 235001
(877) 699–9277; Web site: https://
techstreet.com.
(8) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection;
IBR approved for § 1917.91(a)(1)(i)(C).
Copies are available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
*
*
*
*
*
Subpart E—[Amended]
10. Amend § 1917.91 by revising
paragraph (a)(1)(i) to read as follows:
■
§ 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 Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1917.3;
(B) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1917.3; or
(C) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection,
incorporated by reference in § 1917.3;
*
*
*
*
*
PART 1918—[AMENDED]
11. The authority citation for part
1918 is revised to read as follows:
■
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 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), 5–2007 (72 FR 31160), 4–2010 (75
FR 55355), or 1–2012 (77 FR 3912), as
applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C.
553.
Section 1918.100 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
Source: 62 FR 40202, July 25, 1997, unless
otherwise noted.
12. Amend § 1918.3 by revising
paragraphs (b)(6) through (b)(8) to read
as follows:
■
§ 1918.3
*
PO 00000
*
Incorporation by reference.
*
Frm 00015
*
Fmt 4702
*
Sfmt 4702
(b) * * *
(6) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, approved April 13,
2010; IBR approved for
§ 1918.101(a)(1)(i)(A). Copies are
available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(7) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, approved June 19,
2003; IBR approved for
§ 1918.101(a)(1)(i)(B). Copies available
for purchase from the:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(8) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection;
IBR approved for § 1918.101(a)(1)(i)(C).
Copies are available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
*
*
*
*
*
Subpart J—[Amended]
13. Amend § 1918.101 by revising
paragraph (a)(1)(i) to read as follows:
■
§ 1918.101
Eye and face protection.
(a) * * *
(1)(i) Employers must ensure that
each employee uses appropriate eye
and/or face protection when the
E:\FR\FM\13MRP1.SGM
13MRP1
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules
employee is exposed to an eye or face
hazards, and that protective eye and
face devices comply with any of the
following consensus standards:
(A) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1918.3;
(B) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1918.3; or
(C) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection,
incorporated by reference in § 1918.3
*
*
*
*
*
PART 1926—[AMENDED]
Subpart A—General [Amended]
14. The authority citation for subpart
A of part 1926 continues to read as
follows:
■
Authority: 40 U.S.C. 3701 et seq.; 29
U.S.C. 653, 655, 657; Secretary of Labor’s
Order No. 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), 5–2002 (67 FR
65008), 5–2007 (72 FR 31160), 4–2010 (75 FR
55355), or 1–2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
15. Amend § 1926.6 as follows:
a. Revise paragraph (h)(31);
b. Redesignate paragraphs (h)(32) thru
(h)(34) as (h)(34) thru (h)(36);
■ c. Add new paragraphs (h)(32) and
(h)(33).
The revisions and additions read as
follows:
■
■
■
§ 1926.6
Incorporation by reference.
tkelley on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(h) * * *
(31) ANSI Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, approved April 13,
2010; IBR approved for
§ 1926.102(b)(1)(i). Copies are available
for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(32) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, approved June 19,
2003; IBR approved for
§ 1926.102(b)(2)(ii). Copies available for
purchase from the:
VerDate Sep<11>2014
17:15 Mar 12, 2015
Jkt 235001
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
(33) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection;
IBR approved for § 1926.102(b)(2)(iii).
Copies are available for purchase from:
(i) American National Standards
Institute’s e-Standards Store, 25 W 43rd
Street, 4th Floor, New York, NY 10036;
telephone: (212) 642–4980; Web site:
https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness
Way East, Englewood, CO 80112;
telephone: (877) 413–5184; Web site:
https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero
Dr., Ann Arbor, MI 48108; telephone:
(877) 699–9277; Web site: https://
techstreet.com.
*
*
*
*
*
Subpart E—[Amended]
16. Revise the authority citation for
subpart E of part 1926 to read as
follows:
■
Authority: 40 U.S.C. 3701 et seq.; 29
U.S.C. 653, 655, 657; Secretary of Labor’s
Order No. 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), 5–2002 (67 FR
65008), 5–2007 (72 FR 31160), 4–2010 (75 FR
55355), or 1–2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
17. Amend § 1926.102 as follows:
a. Revise paragraphs (a)(1) thru (a)(4).
b. Delete paragraphs (a)(5), (a)(7),
(a)(8) and Table E–1.
■ c. Redesignate paragraph (a)(6) as
(a)(5) and Tables E–2 and E–3 as Tables
E–1 and E–2 .
■ d. Revise paragraph (b).
■ e. Add paragraph (c).
The additions and revisions read as
follows:
■
■
■
§ 1926.102
PO 00000
protection that provides side protection
when there is a hazard from flying
objects. Detachable side protectors (e.g.
clip-on or slide-on side shields) meeting
the pertinent requirements of this
section are acceptable.
(3) The employer shall ensure that
each affected employee who wears
prescription lenses while engaged in
operations that involve eye hazards
wears eye protection that incorporates
the prescription in its design, or wears
eye protection that can be worn over the
prescription lenses without disturbing
the proper position of the prescription
lenses or the protective lenses.
(4) Eye and face PPE shall be
distinctly marked to facilitate
identification of the manufacturer.
*
*
*
*
*
(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 Z87.1–2010, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1926.6;
(ii) ANSI Z87.1–2003, Occupational
and Educational Personal Eye and Face
Protection Devices, incorporated by
reference in § 1926.6; or
(iii) ANSI Z87.1–1989 (R–1998),
Practice for Occupational and
Educational Eye and Face Protection,
incorporated by reference in § 1926.6;
(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.
(c) Protection against radiant energy—
(1) Selection of shade numbers for
welding filter. Table E–1 shall be used
as a guide for the selection of the proper
shade numbers of filter lenses or plates
used in welding. Shades more dense
than those listed may be used to suit the
individual’s needs.
TABLE E–1—FILTER LENS SHADE
NUMBERS
FOR
PROTECTION
AGAINST RADIANT ENERGY
Eye and face protection.
(a) General requirements. (1) The
employer shall ensure that each affected
employee uses appropriate eye or face
protection when exposed to eye or face
hazards from flying particles, molten
metal, liquid chemicals, acids or caustic
liquids, chemical gases or vapors, or
potentially injurious light radiation.
(2) The employer shall ensure that
each affected employee uses eye
Frm 00016
Fmt 4702
Sfmt 4702
13303
Welding operation
Shielded metal-arc welding 1⁄16-,
3⁄32-, 1⁄8-, 5⁄32-inch diameter electrodes.
Gas-shielded arc welding (nonferrous) 1⁄16-, 3⁄32-, 1⁄8-, 5⁄32-inch
diameter electrodes.
Gas-shielded arc welding (ferrous)
1⁄16-, 3⁄32-, 1⁄8-, 5⁄32-inch diameter
electrodes.
E:\FR\FM\13MRP1.SGM
13MRP1
Shade
No.
10.
11.
12.
13304
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules
I. Statutory Provisions
TABLE E–1—FILTER LENS SHADE
DEPARTMENT OF THE TREASURY
NUMBERS
FOR
PROTECTION
On October 26, 2001, the President
AGAINST RADIANT ENERGY—Contin- Financial Crimes Enforcement Network signed into law the Uniting and
Strengthening America by Providing
ued
31 CFR Part 1010
Shade
No.
Welding operation
Shielded metal-arc welding 3⁄16-,
7⁄32-, 1⁄4-inch diameter electrodes.
5⁄16-, 3⁄8-inch diameter electrodes ....
Atomic hydrogen welding .................
Carbon-arc welding ..........................
Soldering ..........................................
Torch brazing ...................................
Light cutting, up to 1 inch ................
Medium cutting, 1 inch to 6 inches ..
Heavy cutting, over 6 inches ...........
Gas welding (light), up to 1⁄8-inch ....
Gas welding (medium), 1⁄8-inch to
1⁄2-inch.
Gas welding (heavy), over 1⁄2-inch ..
12.
14.
10–14.
14.
2.
3 or 4.
3 or 4.
4 or 5.
5 or 6.
4 or 5.
5 or 6.
6 or 8.
(2) Laser protection. (i) Employees
whose occupation or assignment
requires exposure to laser beams shall
be furnished suitable laser safety goggles
which will protect for the specific
wavelength of the laser and be of optical
density (O.D.) adequate for the energy
involved. Table E–2 lists the maximum
power or energy density for which
adequate protection is afforded by
glasses of optical densities from 5
through 8.
TABLE E–2—SELECTING LASER
SAFETY GLASS
Intensity, CW
maximum power
density
(watts/cm2)
tkelley on DSK3SPTVN1PROD with PROPOSALS
10¥2 ........................
10¥1 ........................
1.0 ...........................
10.0 .........................
Attenuation
Optical
density
(O.D.)
Attenuation
factor
105
106
107
108
5
6
7
8
Output levels falling between lines in
this table shall require the higher optical
density.
(ii) All protective goggles shall bear a
label identifying the following data:
(A) The laser wavelengths for which
use is intended;
(B) The optical density of those
wavelengths;
(C) The visible light transmission.
[FR Doc. 2015–05521 Filed 3–12–15; 8:45 am]
BILLING CODE 4510–26–P
RIN 1506–AB30
Imposition of Special Measure against
Banca Privada d’Andorra as a
Financial Institution of Primary Money
Laundering Concern
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
In a finding, notice of which
is published elsewhere in this issue of
the Federal Register (‘‘Notice of
Finding’’), the Director of FinCEN found
that Banca Privada d’Andorra (‘‘BPA’’)
is a financial institution operating
outside of the United States that is of
primary money laundering concern.
FinCEN is issuing this notice of
proposed rulemaking (‘‘NPRM’’) to
propose the imposition of a special
measure against BPA.
DATES: Written comments on this NPRM
must be submitted on or before May 12,
2015.
ADDRESSES: You may submit comments,
identified by 1506–AB30, by any of the
following methods:
• Federal E-rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Include 1506–AB30 in the submission.
• Mail: The Financial Crimes
Enforcement Network, P.O. Box 39,
Vienna, VA 22183. Include 1506–AB30
in the body of the text. Please submit
comments by one method only.
• Comments submitted in response to
this NPRM will become a matter of
public record. Therefore, you should
submit only information that you wish
to make publicly available.
Inspection of comments: Public
comments received electronically or
through the U.S. Postal Service sent in
response to a notice and request for
comment will be made available for
public review on https://
www.regulations.gov. Comments
received may be physically inspected in
the FinCEN reading room located in
Vienna, Virginia. Reading room
appointments are available weekdays
(excluding holidays) between 10 a.m.
and 3 p.m., by calling the Disclosure
Officer at (703) 905–5034 (not a toll-free
call).
FOR FURTHER INFORMATION CONTACT: The
FinCEN Resource Center at (800) 767–
2825.
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:34 Mar 12, 2015
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PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (the
‘‘USA PATRIOT Act’’), Public Law 107–
56. Title III of the USA PATRIOT Act
amends the anti-money laundering
provisions of the Bank Secrecy Act
(‘‘BSA’’), codified at 12 U.S.C. 1829b, 12
U.S.C. 1951–1959, and 31 U.S.C. 5311–
5314, 5316–5332, to promote the
prevention, detection, and prosecution
of international money laundering and
the financing of terrorism. Regulations
implementing the BSA appear at 31 CFR
Chapter X. The authority of the
Secretary of the Treasury (the
‘‘Secretary’’) to administer the BSA and
its implementing regulations has been
delegated to the Director of FinCEN.
Section 311 of the USA PATRIOT Act
(‘‘Section 311’’), codified at 31 U.S.C.
5318A, grants the Director of FinCEN
the authority, upon finding that
reasonable grounds exist for concluding
that a foreign jurisdiction, institution,
class of transaction, or type of account
is of ‘‘primary money laundering
concern,’’ to require domestic financial
institutions and financial agencies to
take certain ‘‘special measures’’ to
address the primary money laundering
concern.
II. Imposition of a Special Measure
Against BPA as a Financial Institution
of Primary Money Laundering Concern
A. Special Measure
As noticed elsewhere in this issue of
the Federal Register, on March 6, 2015,
the Director of FinCEN found that BPA
is a financial institution operating
outside the United States that is of
primary money laundering concern
(‘‘Finding’’). Based upon that Finding,
the Director of FinCEN is authorized to
impose one or more special measures.
Following the consideration of all
factors relevant to the Finding and to
selecting the special measure proposed
in this NPRM, the Director of FinCEN
proposes to impose the special measure
authorized by section 5318A(b)(5) (the
‘‘fifth special measure’’). In connection
with this action, FinCEN consulted with
representatives of the Federal functional
regulators, the Department of Justice,
and the Department of State, among
others.
B. Discussion of Section 311 Factors
In determining which special
measures to implement to address the
primary money laundering concern,
FinCEN considered the following
factors.
E:\FR\FM\13MRP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13295-13304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05521]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2014-0024]
RIN 1218-AC87
Updating OSHA Standards Based on National Consensus Standards;
Eye and Face Protection
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (``OSHA'' or
``Agency'') is issuing this notice of proposed rulemaking to update its
general industry, shipyard employment, marine terminals, longshoring,
and construction eye and face protection standards by incorporating by
reference the three most recent versions of the American National
Standards Institute (``ANSI'' or ``national consensus standard'')
Occupational and Educational Eye and Face Protection standard. In
addition, OSHA proposes to change language in the construction eye and
face protection standard to make it consistent with both the general
industry and maritime standards.
DATES: Submit comments on this notice of proposed rule (including
comments on the information-collection (paperwork) determination
described under the section titled Procedural Determinations, hearing
requests, and other information) by April 13, 2015. All submissions
must bear a postmark or provide other evidence of the submission date
(the following section titled ADDRESSES describes the available methods
of making submissions).
ADDRESSES: Submit comments, hearing requests, and other information as
follows:
Electronic. Submit comments electronically to https://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for submitting comments.
Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents. Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments to the OSHA Docket Office, Technical Data Center
(TDC), Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210. These attachments must clearly identify
the sender's name, date, subject, and docket number (i.e., OSHA-2014-
0024 so that the Agency can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and
messenger (courier) service. Submit comments and any additional
material (e.g., studies, journal articles) to the OSHA Docket Office,
Docket No. OSHA-2013-0024 or RIN 1218-AC8708 Technical Data Center,
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is
(877) 889-5627)). Note that security procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Contact the OSHA Docket Office for information about
security procedures for delivery of materials by express delivery, hand
delivery, and messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2014-0024). OSHA
will place comments and other material, including any personal
information, in the public docket without revision, and these materials
will be available online at: https://www.regulations.gov. Therefore, the
Agency cautions commenters about submitting statements they do not want
made public, or submitting comments that contain personal information
(either about themselves or others), such as social security numbers,
birth dates, and medical data.
OSHA invites comments on all issues related to this notice of
proposed rulemaking. The Agency also welcomes comments on its findings
that this notice of proposed rulemaking will have no impact on the
regulated community.
Docket. To read or download comments or other material in
the docket, go to https://www.regulations.gov. The electronic docket for
this notice of proposed rule established at https://www.regulations.gov
contains most of the documents in the docket. Some information (e.g.,
copyrighted material), however, cannot be read or downloaded through
this Web site. All submissions, including copyrighted material, are
accessible at the OSHA Docket Office.
[[Page 13296]]
Contact the OSHA Docket Office for assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
1999, email: meilinger.francis2@dol.gov.
Technical inquiries: Contact Kenneth Stevanus, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663; email; stevanus.ken@dol.gov.
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION: The preamble to the proposed standard
follows this outline:
I. Background
A. OSHA's Eye and Face Protection Standards
B. ANSI's Occupational and Educational Eye and Face Protection
Standard
a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
C. Overview of Proposed Rulemaking
D. Reasonable Availability of the ANSI Standard to the Public
II. Summary and Explanation of Revisions to the Eye and Face
Protection Standards
A. Updating the General Industry and Maritime Industry Standards
B. Updating the Construction Industry Standard
III. Procedural Determinations
A. Legal Considerations
B. Preliminary 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 of 1995
G. Consultation and Coordination With Indian Tribal Governments
H. Consultation With the Advisory Committee on Construction
Safety and Health
IV. Authority and Signature
I. Background
A. OSHA's Eye and Face Protection Standards
The original OSHA standards addressing eye and face protection were
adopted in 1971 from established Federal standards and national
consensus standards to address the various workplace hazards that pose
a significant risk of death or injury. Since then, OSHA has amended its
standards on numerous occasions, most recently in 2009 for the general
industry, shipyard employment, longshoring, and marine terminals
standards (74 FR 46350), and in 1993 for the construction standard (58
FR 35309). See 29 CFR 1910.133 (General Industry); 29 CFR 1915.153
(Shipyard Employment); 29 CFR 1917.91 (Marine Terminals); 29 CFR
1918.101 (Longshoring); and 29 CFR 1926.102 (Construction). The general
industry and maritime standards require that eye and face protection
comply with national consensus standards incorporated by reference
unless the employer demonstrates that non-specified eye and face
protection equipment is at least as protective of workers. See 29 CFR
1910.133(b)(2); 29 CFR 1915.153(b)(2); 29 CFR 1917.91(a)(1)(ii); and 29
CFR 1918.101(a)(1)(ii). The construction standard requires that eye and
face protection meet the requirements of ANSI Z87.1-1968. See 29 CFR
1926.102(a)(2). Each of these provisions are part of OSHA's
comprehensive requirements to ensure that employees use personal
protective equipment that will protect them from hazards in the
workplace.
B. ANSI's Occupational and Educational Eye and Face Protection Standard
ANSI's Occupational and Educational Eye and Face Protection, Z87.1,
was first published in 1968 and revised in 1979, 1989, 2003, and 2010.
The 1979 version was nearly identical to the 1968 version; it contained
only minor changes in language and organization. The 1989 version
emphasized performance requirements to encourage and accommodate
advancements in design, materials, technologies, and product
performance. Performance requirements were specified wherever
practical. Minimum thickness requirements for protectors were added and
new impact testing requirements were established to ensure that
protectors intended to provide side protection were tested from the
side and the front. This version also improved the transmittance
requirements for filter lenses. The 2003 version added an enhanced user
selection chart with a system for selecting equipment (e.g.,
spectacles, goggles, and faceshields) that adequately protects from a
particular hazard.
Unlike earlier versions, the 2010 version of ANSI Z87.1 focuses on
a hazard, such as droplet and splash, impact, optical radiation, dust,
fine dust, and mist, and specifies the type of equipment needed to
protect from that hazard. Earlier versions focused on protector type,
such as spectacles, goggles, faceshields, or welding hats. See Ex.
OSHA-2014-0024-0001 (a side-by-side comparison of versions prepared by
OSHA). It contains general requirements for all protector types, which
assess optical qualities, minimum robustness, ignition, corrosion
resistance, and minimum coverage. It also includes performance
assessments that are unique to a specific protector configuration such
as welding devices or prescription safety eyewear. Finally, it defines
the number of samples to be tested when assessing a protector's ability
to meet applicable performance criteria.
a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
The 2010 version of ANSI Z87.1 adds new requirements to and changes
the structure of the 2003 version. See Ex. OSHA-2014-0024-0001 (a side-
by-side comparison of versions prepared by OSHA). Section 5 of the 2010
version, general requirements, adds Section 5.2, which requires that
protectors are free from projections, sharp edges, or other defects.
The drop ball impact test, which appeared in Section 7.3.1 of the 2003
version, is in Section 5.2.1 of the 2010 version. Additionally, the
test is universally-applied rather than protector-dependent. Section
7.6 of the 2003 version, flammability, has been replaced with Section
5.2.3, ignition. The new section states that protectors shall not
ignite or continue to glow once the rod is removed. It also states that
each externally-exposed material shall be tested. Section 5.2.5 adds
requirements for the minimum coverage area of the eyewire and lens.
Section 5.4 adds marking requirements and states that protectors shall
bear the permanent marking in specified locations.
In Section 6 of the 2010 version, impact protector requirements,
the spectacle frame test that appeared in Section 7.2 of the 2003
version, has been moved to Section 6.12, and now requires components to
be tested as a complete device. Section 6.13 adds a requirement for
lateral side coverage, and states that the impact-rated protectors
shall provide continuous lateral coverage with specified diameters/
dimensions. Section 6.2.5 includes qualifications for prescription lens
material and lists different ways that the lens can fail to meet the
qualifications. Section 6.2.6 adds qualifications for prescription lens
mounting. It also requires that complete devices using representative
test lenses meeting the requirements of Section
[[Page 13297]]
6.2.5 be capable of resisting high mass and high velocity impact.
Section 6.3 provides additional impact requirements for specific
protectors, such as devices with lift fronts, welding helmets, and
faceshields, and prescription lens carriers behind plano protectors.
Section 7 of the 2010 version, optical radiation protector
requirements, adds a requirement to test in lightest to darkest states
in Section 7.1.3. Section 7.2.1 adds a requirement that goggle housing
intended to provide protection against optical radiation meet
transmittance requirements of shade 6 or higher.
Section 8 of the 2010 version, droplet and splash, dust, and fine
dust protector requirements, adds a new requirement to Section 8.1.1
that goggles be tested so that the droplets or liquid splash do not
cause a red coloration. Section 8.1.2 mandates that a laser beam not
make direct contact with any point on the eye-region rectangle
``without first being intercepted by the faceshield.''
Section 14 of the 2003 version is section 9 in the 2010 version and
addresses test methods. This section requires testing at standard
laboratory conditions rather than normal laboratory ambient conditions
required in the previous version. Section 9.10 includes new testing
requirements for lateral protection to assess the lateral protection
area of a complete device. Section 9.14 includes a new prescription
lens test that requires lens materials to withstand impact from high
velocity. Section 9.16 is a new testing requirement for goggles and
faceshields that require a determination of the protector's capability
to keep liquid splashes and sprays from reaching eyes. Sections 9.17
and 9.18 contain new requirements to, respectively, determine the
protector's capability to keep larger dust particles and fine dust
particles from reaching the wearer's eyes. Finally, Sections 7.8, 8.8,
9.8, and 10.8 of the 2003 version, which addressed cleanability of
spectacles and goggles, were removed.
b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
The 2010 version of ANSI Z87.1 also differs significantly from the
1968 version. See Ex. OSHA-2014-0024-0002 (a side-by-side comparison of
versions prepared by OSHA). Whereas the scope of the 1968 version
simply states that it applies to all occupational operations, the 2010
scope is far more specific in that it sets forth criteria related to
the general requirements, testing, permanent marking, selection, care,
and use of protectors to minimize the occurrence and severity or
prevention of injuries from the different types of hazards. In
addition, the 2010 version excludes more hazardous exposures than the
1968 version, including bloodborne pathogens, microwaves, radio-
frequency radiation, and sports and recreation. It also removes nearly
all of the definitions contained in the 1968 version and makes
significant alterations to the remaining definitions. For example, the
1968 definitions for ultraviolet and infrared radiation were defined as
within the range of 50 to 390 nm and 770 to 12000 nm, respectively. The
2010 version defines these ranges from 200 to 380 nm and 780 to 2000
nm, respectively.
C. Overview of Proposed Rulemaking
As discussed in a previous Federal Register notice (69 FR 68283),
OSHA is undertaking a series of projects to incorporate the latest
versions of national consensus and industry standards into its
regulations. These projects include removing outdated national
consensus and industry standards and updating regulatory text.
On May 17, 2007, OSHA published a notice of proposed rulemaking (72
FR 27771) entitled ``Updating OSHA Standards Based on National
Consensus Standards; Personal Protective Equipment.'' This notice did
not include a revision of the construction industry standards that
cover personal protective equipment, which had last been updated in
1993. 58 FR 35160. In response to the notice, the Agency received
approximately 25 comments. On December 4, 2007, OSHA held an informal
public hearing at which nine witnesses testified. Several of the
commenters and witnesses questioned the Agency's decision not to
include the construction industry in this rulemaking. See Exs. OSHA-
2007-0044-0021 and -0034; see also, Tr. at 18-19 and 51-52. OSHA
responded that limited resources did not permit inclusion of the
construction industry at that time. Tr. at 18-19; see also, 74 FR
46352.
On September 9, 2009, OSHA published the final rule (74 FR 46350),
which became effective on October 9, 2009, and pertained only to the
general industry and maritime standards. The final rule did not include
a reference to the 2010 edition of the ANSI standard because this
edition was not available to OSHA prior to February 8, 2008, the date
on which the administrative law judge who presided over the hearing
closed the rulemaking record.
By this notice, OSHA is proposing to update the references in 29
CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR 1917.91(a)(1)(i), and
29 CFR 1918.101(a)(1)(i) to include ANSI Z87.1-2010, the most recent
version of that standard and delete the reference to ANSI Z87.1-1989.
As a result, these provisions will allow use of eye and face protection
that complies with the three most recent editions of the consensus
standard, i.e., ANSI Z87.1-2010, Z87.1-2003 and Z87.1-1989 (R-1998). In
addition, OSHA is proposing to amend 29 CFR 1926.102(a)(2) of the
construction standard to remove ANSI Z87.1-1968 and add the three most
recent versions of the ANSI standard to 29 CFR 1926.102(b)(1). This
will make the ANSI references in the construction standard identical to
those in the general industry and maritime standards. This action
addresses the comments received during the initial rulemaking, cited
above, and as stated above, will ensure consistency among the Agency's
standards. These changes also eliminate any confusion, clarify employer
obligations, and provide up-to-date protection for workers exposed to
eye and face hazards.
D. Reasonable Availability of the ANSI Standard to the Public
OSHA believes that the ANSI standards included in this proposal are
reasonably available to interested parties. The 2010, 2003, and 1989
(R-1998) versions of ANSI Z87.1 can be purchased as a package from ANSI
in pdf form for $57 (https://webstore.ansi.org/). All three are also
available for purchase at both the IHS Standards (https://global.ihs.com/) or Techstreet (https://www.techstreet.com/) stores. In
addition, they are available at OSHA's docket office for review. In
addition, both the 2003 and 1989 (R-1998) versions are available at
OSHA's regional offices for review. If OSHA ultimately finalizes this
rule, all three documents would be maintained in OSHA's national and
regional offices for review by the public.
II. Summary and Explanation of Revisions to the Eye and Face Protection
Standards
A. Updating the General Industry and Maritime Industry Standards
OSHA adopted the previous revision of the general industry and
maritime eye and face protection standards on September 9, 2009. 74 FR
46350. These revisions, which became effective on October 9, 2009,
permit compliance with ANSI Z87.1-2003, ANSI Z87.1-1989 (R-1998), or
ANSI Z87.1-1989. Since OSHA published the previous revision, ANSI
Z87.1-2010 has become available. This rulemaking will update
[[Page 13298]]
the references in 29 CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR
1917.91(a)(1)(i), and 29 CFR 1918.103(a)(1)(i) to recognize the 2010
edition of ANSI Z87.1 and delete the reference to Z87.1-1989. It will
also update the general incorporation by reference section for each of
these standards (i.e., 29 CFR 1910.6, 1915.5, 1917.3, 1918.3) to
reflect the incorporation of ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI
Z87.1-1989 (R-1998).
Since it is OSHA's understanding that eye and face protection is
now only designed, tested, or manufactured in accordance with the 2010,
2003, or 1989 (R-1998) versions of ANSI Z87.1, OSHA believes these
updates are consistent with the usual and customary practice of
employers in the general and maritime industries. Therefore,
incorporating by reference ANSI Z87.1-2010, and deleting ANSI Z87.1-
1989, will not add a compliance burden for employers. OSHA invites
public comment on whether the revisions in the 2010 edition of the
consensus standard represent current industry practice, as well as any
other issues raised by OSHA's proposed revisions to the general
industry and maritime eye and face protection standards.
B. Updating the Construction Industry Standard
The proposed update to the construction eye and face protection
standard involves: (1) Changes to the ANSI standard references and (2)
inclusion of language from the general industry eye and face protection
standard. With respect to the ANSI standard update, OSHA will amend 29
CFR 1926.6 and 1926.102, which currently incorporate by reference ANSI
Z87.1-1968, to include the three most recent versions of the ANSI
standard, ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-
1998). With respect to the inclusion of language from the general
industry standard, OSHA will modify certain existing language to make
it nearly identical to the language in the general industry standard's
eye and face protection provisions. It will also retain provisions
unique to the current construction standard that do not appear to be
covered in the versions of the ANSI Z87.1 incorporated by the proposal.
These changes better reflect the requirements of the newer consensus
standards and ease compliance for employers whose employees might also
perform work covered by the general industry or maritime standards.
Specifically, OSHA is proposing to replace sections 1926.102(a)(1)
through (a)(3), and (a)(7) with the language found in the general
industry standard at 1910.133(a)(1) through (a)(4) and 1910.133(b). The
Agency will also replace: (1) The statement of scope in section
1926.102(a)(1) with the statement of scope in 1910.133(a)(1); (2) the
reference to the 1968 ANSI standard in 1926.102(a)(2) with the updated
list of national consensus standards in 1910.133(b)(1); and (3) the
requirements for corrective lenses in 1926.102(a)(3) with the
corrective-lens requirements in 1910.133(a)(3). The proposal deletes
section 1926.102(a)(4)'s requirement to keep the protective equipment
clean, in good repair, and free of structural and optical defects. This
provision does not appear in 1910.133, and is addressed by requirements
in each of the three versions of Z87.1 included in the proposal. See,
e.g., ANSI Z87.1-2010 (sections 10.3 and 10.4); ANSI Z87.1-2003
(section 6.2.6); and ANSI Z87.1-1989 (R 1998) (sections 14.4, 14.5,
15.7). The proposal also removes Table E-1, Eye and Face Protector
Selection Guide, which is specific to the 1968 version of ANSI Z87.1
and referenced in the current section 1926.102(a)(5). Removal of Table
E-1 is of no consequence because employers and employees may use any of
the three newly-referenced ANSI standards, which contain similar
selection guides. See ANSI Z87.1-2010, Annex I. Selection Chart, ANSI
Z87.1-2003, Annex I--Selection Chart, or ANSI Z87.1-1989 (R-1998),
Selection Chart. Once Table E-1 is removed, OSHA will renumber Tables
E-2 and E-3 under this paragraph as Tables E-1 and E-2, respectively.
The proposal retains section 1926.102(a)(6)--which specifies, among
other requirements, that protectors must be capable of being
disinfected, easily cleanable, and durable--because its language does
not appear to be in the most recent ANSI standard, Z87.1-2010. The
proposal also substitutes the marking requirement specified by section
1926.102(a)(7) with the marking requirement in section 1910.133(a)(4).
In addition, the proposal will delete the requirement in
1926.102(a)(8)--that employers must transmit information from
manufacturers to users about equipment limitations or precautions and
that such limitations and precautions must be strictly observed--to
bring the section into closer alignment with the general industry
standard because this requirement is covered by requirements in each of
the ANSI standards (see ANSI Z87.1-2010, section 10.2; ANSI Z87.1-2003,
section 6.2.6; ANSI Z87.1-1989 (R 1998), section 14.2. The language
adopted from the general industry standard will add a provision to the
construction standard that permits an employer to use eye and face
protection not manufactured in accordance with one of the incorporated
ANSI Z87.1 standards if the employer can demonstrate compliance with
one of the incorporated ANSI Z87.1 standards (i.e., the equivalent-
protection provision). Finally, section 1926.102(b) will be
redesignated as section 1926.102(c).
OSHA believes that it is consistent with employers' usual and
customary practice in the construction industry to require use of eye
and face protection that complies with ANSI Z87.1-2010, ANSI Z87.1-
2003, or ANSI Z87.1-1989 (R-1998). Accordingly, the Agency determined
that incorporating these editions of ANSI Z87.1 consensus standards for
eye and face protection into 29 CFR 1926.102(b)(1) does not add a
compliance burden for employers. OSHA invites public comment on whether
use of eye and face protection that complies with ANSI Z87.1-2010, ANSI
Z87.1-2003, or ANSI Z87.1-1989 (R-1998) and inclusion of language from
the general industry standard's eye and face provisions accords with
employers' usual and customary practice in the construction industry,
as well as any other issues raised by OSHA's proposed revisions to the
construction standard for eye and face protection.
III. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act) 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 ``which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes reasonably necessary or appropriate to provide
safe or healthful employment and places of employment.'' 29 U.S.C.
652(8). A standard is reasonably necessary or appropriate within the
meaning of Section 652(8) of the OSH Act when a significant risk of
material harm exists in the workplace and the standard would
substantially reduce or eliminate that workplace risk. See Indus. Union
Dep't, AFL-CIO v. Am. Petroleum Inst., 448 U.S. 607 (1980). OSHA
already determined that requirements specified by eye and face
protection standards, including design requirements, are
[[Page 13299]]
reasonably necessary or appropriate within the meaning of Section
652(8). See, e.g., 49 FR 49726, 49737 (1978); 51 FR 33251, 33251-59
(1986).
Moreover, this notice of proposed rulemaking neither reduces
employee protection nor alters an employer's obligations under the
existing standards. With respect to employee protection, because the
proposal will allow employers to continue to provide the same eye and
face protection they currently provide, employees' protection will not
change. In terms of employers' obligations, the proposal will allow
employers additional options for meeting the design-criteria
requirements for eye and face protection. Accordingly, this proposal
does not require an additional significant risk finding (cf. Edison
Elec. Inst. v. OSHA, 849 F.2d 611, 620 (D.C. Cir. 1988)).
In addition, a safety standard must be technologically feasible.
See UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is
technologically feasible when the protective measures it requires
already exist, when available technology can bring the protective
measures into existence, or when that technology is reasonably likely
to develop. See Am. Textile Mfrs. Inst. v. OSHA, 452 U.S. 490, 513
(1981); Am. Iron and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir.
1991)). The proposed revisions detailed in this NPRM are
technologically feasible because: (1) Protectors are already
manufactured in accordance with the 2010 ANSI standard or the other
versions permitted under the revision and (2) employers already comply
with the 2003 and 1998 versions of the ANSI standard incorporated by
reference into the general industry and maritime standards, which will
remain in effect under the proposed rule.
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
OSHA has preliminarily determined that employers can comply with
the proposed rule by following their current usual and customary
practice in providing eye and face protection to their employees.
Therefore, OSHA finds that this notice of proposed rulemaking 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. In addition,
this notice of proposed rulemaking complies with Executive Order 13563
because employers are allowed increased flexibility in choosing eye and
face protection for their employees and are not required to update or
replace that protection solely as a result of this rule if the
employer's current practice meets the revised standards. Because the
rule imposes no costs, OSHA certifies that it will not have a
significant economic impact on a substantial number of private or
public sector entities and does not meet any of the criteria for an
economically significant or major rule specified by the Executive Order
or relevant statutes.
C. OMB Review Under the Paperwork Reduction Act of 1995
This notice of proposed rulemaking does not establish or revise any
collection of information requirements for purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501. Accordingly, the Agency did not
submit an Information Collection Request to OMB in association with
this rulemaking.
Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC77), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503. The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of this
notice of proposed rulemaking. For instructions on submitting these
comments and accessing the docket, see the sections of this Federal
Register document titled DATES and ADDRESSES.
To make inquiries or to request other information contact Mr. Todd
Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S.
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210;
telephone: (202) 693-2222.
D. Federalism
OSHA reviewed this notice of proposed rulemaking 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.
Agencies must limit any such preemption to the extent possible.
Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress
expressly provides that states may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal
approval for such a plan as ``State Plan states.'' 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. 29 U.S.C. 667. 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 notice of proposed rulemaking to protect
employees in every state, Section 18(c)(2) of the OSH Act permits State
Plan states and U.S. territories to develop and enforce their own
standards for eye and face protection provided these requirements are
at least as effective in providing safe and healthful employment and
places of employment as the requirements specified in this notice of
proposed rulemaking.
In summary, this notice of proposed rulemaking 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 this notice
of proposed rulemaking
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 27 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
in protecting workers 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. State Plan states must adopt the
Federal standard or complete their own standard within six months of
the publication date of the final Federal rule. When OSHA promulgates a
new standard or amendment that does not impose additional or more
stringent requirements than the existing standard,
[[Page 13300]]
State Plan states need not amend their standards, although OSHA may
encourage them to do so. The following 21 states and 1 U.S. territory
have OSHA-approved occupational safety and health plans that apply only
to private-sector employers: 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. In addition,
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that apply only to state and local
government employees.
When OSHA promulgates a new final rule, states and territories with
approved State Plans must adopt comparable amendments to their
standards relating to personal protective equipment across OSHA's
various industries within six months of OSHA's promulgation of the
final rule unless they demonstrate that such a change is not necessary
because their existing standards are already the same, or at least as
effective, as OSHA's new final rule.
F. Unfunded Mandates Reform Act of 1995
OSHA reviewed this notice of proposed rulemaking according to the
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and
Executive Order 12875, 58 FR 58093 (1993). As discussed above in
Section IV.B (``Preliminary Economic Analysis and Regulatory
Flexibility Certification'') of this preamble, OSHA preliminarily
determined that the proposed rule imposes no additional costs on any
private-sector or public-sector entity. Accordingly, this notice of
proposed rulemaking requires no additional expenditures by either
public or private employers.
As noted above under Section IV.E (``State Plan States'') of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this notice of proposed rulemaking does not
meet the definition of a ``Federal intergovernmental mandate.'' See 2
U.S.C. 658(5). Therefore, for the purposes of the UMRA, OSHA certifies
that this notice of proposed rulemaking 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.
G. Consultation and Coordination With Indian Tribal Governments
OSHA reviewed this notice of proposed rulemaking in accordance with
Executive Order 13175, 65 FR 67249 (2000), and determined that it does
not have ``tribal implications'' as defined in that order. As proposed,
the rule does not have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes.
H. Consultation With the Advisory Committee on Construction Safety and
Health
Under 29 CFR parts 1911 and 1912, OSHA must consult with the
Advisory Committee on Construction Safety and Health (``ACCSH'' or
``the Committee''), established pursuant to Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in
setting standards for construction work. Specifically, 29 CFR
1911.10(a) requires the Assistant Secretary to provide the ACCSH with a
draft proposed rule (along with pertinent factual information) and give
the Committee an opportunity to submit recommendations. See also 29 CFR
1912.3(a) (``[W]henever occupational safety or health standards for
construction activities are proposed, the Assistant Secretary [for
Occupational Safety and Health] shall consult the Advisory
Committee'').
On May 8, 2014, OSHA presented its proposal to update the Agency's
eye and face protection standards including its construction standard
at 29 CFR 1926.102 to the ACCSH. OSHA presented the committee two
options for updating of its construction standard. In the first option
OSHA proposed to replace the provisions in the construction standard
with those of the general industry and maritime standards, except for
those that were unique to the construction industry standard. This
would make the construction eye and face protection standard nearly
identical to the general industry and maritime standards however, it
would preserve those provisions that are unique to the construction
standard.
The second option proposed would substitute only the three most
current ANSI standards for the outdated ANSI standard currently cited
and include the new provision allowing the use of any equivalent-
protection standards. The remaining provisions of the construction
standard would stay intact except for the removal of Table E-1 which
references the outdated ANSI standard. This option would retain
existing requirements that are familiar to employers and employees in
the construction industry. The Committee subsequently selected the
first option and passed a motion recommending that the Agency move
forward in the rulemaking process. (See the minutes from the meeting
Docket No. OSHA-2014-0024-0004; see also two options for an update,
available at Docket No. OSHA-2014-0024-0003).
List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926
Incorporation by reference, Occupational safety and health,
Personal protective equipment.
IV. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this notice. OSHA is issuing this proposed rule pursuant to 29
U.S.C. 653, 655, and 657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553;
Secretary of Labor's Order 1-2012, 77 FR 3912 (2012); and 29 CFR part
1911.
Signed at Washington, DC, on March 2, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Amendments to Standards
For the reasons stated above in the preamble, the Occupational
Safety and Health Administration proposes to amend 29 CFR parts 1910,
1915, 1917, 1918 and 1926 as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
0
1. The authority citation for subpart A of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 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), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 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);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).
[[Page 13301]]
0
2. Amend Sec. 1910.6 by revising paragraphs (e)(69) through (e)(71) to
read as follows:
Sec. 1910.6 Incorporation by reference.
* * * * *
(e) * * *
(69) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec. 1910.133(b)(1)(i). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(70) ANSI Z87.1-2003, Occupational and Educational Eye and Face
Personal Protection Devices, approved June 19, 2003; IBR approved for
Sec. Sec. 1910.133(b)(1)(ii). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1910.133(b)(1)(iii). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *
Subpart I--[Amended]
0
3. The authority citation for subpart I 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
Order No. 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), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911; Sections
1910.132, 1910.134, and 1910.138 of 29 CFR also issued under 29 CFR
1911; Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also
issued under 29 CFR 1911 and 5 U.S.C. 553.
0
4. Amend Sec. 1910.133 by revising paragraph (b)(1) 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 Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1910.6;
(ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1910.6; or
(iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1910.6;
* * * * *
PART 1915--[AMENDED]
0
5. 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 Order No. 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), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR
part 1911.
Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR part 1911.
Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.
0
6. Amend Sec. 1915.5 by revising paragraphs (d)(1)(vi) through
(d)(1)(viii) to read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d)(1) * * *
(vi) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec. 1915.153(b)(1)(i). Copies are available for purchase from:
(A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(vii) ANSI Z87.1-2003, Occupational and Educational Personal Eye
and Face Protection Devices, approved June 19, 2003; IBR approved for
Sec. 1910.153(b)(1)(ii). Copies available for purchase from the:
(A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(viii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1910.153(b)(1)(iii). Copies are available for purchase from:
(A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *
Subpart I--[Amended]
0
7. Amend Sec. 1915.153 by revising paragraph (b)(1) 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 Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1915.5;
(ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face
[[Page 13302]]
Protection Devices, incorporated by reference in Sec. 1915.5; or
(iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1915.5;
* * * * *
PART 1917--[AMENDED]
0
8. The authority citation for part 1917 continues to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 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), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 7 FR 3912),as applicable; and 29 CFR 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Source: 48 FR 30909, July 5, 1983, unless otherwise noted.
* * * * *
0
9. Amend Sec. 1917.3 by revising paragraphs (b)(6) through (b)(8) to
read as follows:
Sec. 1917.3 Incorporation by reference.
* * * * *
(b) * * *
(6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec. 1917.91(a)(1)(i)(A). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1917.91(a)(1)(i)(B). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1917.91(a)(1)(i)(C). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *
Subpart E--[Amended]
0
10. Amend Sec. 1917.91 by revising paragraph (a)(1)(i) 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 Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1917.3;
(B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1917.3; or
(C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1917.3;
* * * * *
PART 1918--[AMENDED]
0
11. The authority citation for part 1918 is revised to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 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), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Source: 62 FR 40202, July 25, 1997, unless otherwise noted.
0
12. Amend Sec. 1918.3 by revising paragraphs (b)(6) through (b)(8) to
read as follows:
Sec. 1918.3 Incorporation by reference.
* * * * *
(b) * * *
(6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec. 1918.101(a)(1)(i)(A). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1918.101(a)(1)(i)(B). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1918.101(a)(1)(i)(C). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *
Subpart J--[Amended]
0
13. Amend Sec. 1918.101 by revising paragraph (a)(1)(i) 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
[[Page 13303]]
employee is exposed to an eye or face hazards, and that protective eye
and face devices comply with any of the following consensus standards:
(A) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1918.3;
(B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1918.3; or
(C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1918.3
* * * * *
PART 1926--[AMENDED]
Subpart A--General [Amended]
0
14. The authority citation for subpart A of part 1926 continues to read
as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 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), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
0
15. Amend Sec. 1926.6 as follows:
0
a. Revise paragraph (h)(31);
0
b. Redesignate paragraphs (h)(32) thru (h)(34) as (h)(34) thru (h)(36);
0
c. Add new paragraphs (h)(32) and (h)(33).
The revisions and additions read as follows:
Sec. 1926.6 Incorporation by reference.
* * * * *
(h) * * *
(31) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec. 1926.102(b)(1)(i). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1926.102(b)(2)(ii). Copies available for purchase from the:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
(33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1926.102(b)(2)(iii). Copies are available for purchase from:
(i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980;
Web site: https://webstore.ansi.org/;
(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
(iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *
Subpart E--[Amended]
0
16. Revise the authority citation for subpart E of part 1926 to read as
follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 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), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
0
17. Amend Sec. 1926.102 as follows:
0
a. Revise paragraphs (a)(1) thru (a)(4).
0
b. Delete paragraphs (a)(5), (a)(7), (a)(8) and Table E-1.
0
c. Redesignate paragraph (a)(6) as (a)(5) and Tables E-2 and E-3 as
Tables E-1 and E-2 .
0
d. Revise paragraph (b).
0
e. Add paragraph (c).
The additions and revisions read as follows:
Sec. 1926.102 Eye and face protection.
(a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection when exposed
to eye or face hazards from flying particles, molten metal, liquid
chemicals, acids or caustic liquids, chemical gases or vapors, or
potentially injurious light radiation.
(2) The employer shall ensure that each affected employee uses eye
protection that provides side protection when there is a hazard from
flying objects. Detachable side protectors (e.g. clip-on or slide-on
side shields) meeting the pertinent requirements of this section are
acceptable.
(3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye
hazards wears eye protection that incorporates the prescription in its
design, or wears eye protection that can be worn over the prescription
lenses without disturbing the proper position of the prescription
lenses or the protective lenses.
(4) Eye and face PPE shall be distinctly marked to facilitate
identification of the manufacturer.
* * * * *
(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 Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1926.6;
(ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec. 1926.6; or
(iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1926.6;
(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.
(c) Protection against radiant energy--(1) Selection of shade
numbers for welding filter. Table E-1 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used
in welding. Shades more dense than those listed may be used to suit the
individual's needs.
Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
Energy
------------------------------------------------------------------------
Welding operation Shade No.
------------------------------------------------------------------------
Shielded metal-arc welding \1/16\-, \3/32\-, 10.
\1/8\-, \5/32\-inch diameter electrodes.
Gas-shielded arc welding (nonferrous) \1/16\- 11.
, \3/32\-, \1/8\-, \5/32\-inch diameter
electrodes.
Gas-shielded arc welding (ferrous) \1/16\-, 12.
\3/32\-, \1/8\-, \5/32\-inch diameter
electrodes.
[[Page 13304]]
Shielded metal-arc welding \3/16\-, \7/32\-, 12.
\1/4\-inch diameter electrodes.
\5/16\-, \3/8\-inch diameter electrodes...... 14.
Atomic hydrogen welding...................... 10-14.
Carbon-arc welding........................... 14.
Soldering.................................... 2.
Torch brazing................................ 3 or 4.
Light cutting, up to 1 inch.................. 3 or 4.
Medium cutting, 1 inch to 6 inches........... 4 or 5.
Heavy cutting, over 6 inches................. 5 or 6.
Gas welding (light), up to \1/8\-inch........ 4 or 5.
Gas welding (medium), \1/8\-inch to \1/2\- 5 or 6.
inch.
Gas welding (heavy), over \1/2\-inch......... 6 or 8.
------------------------------------------------------------------------
(2) Laser protection. (i) Employees whose occupation or assignment
requires exposure to laser beams shall be furnished suitable laser
safety goggles which will protect for the specific wavelength of the
laser and be of optical density (O.D.) adequate for the energy
involved. Table E-2 lists the maximum power or energy density for which
adequate protection is afforded by glasses of optical densities from 5
through 8.
Table E-2--Selecting Laser Safety Glass
------------------------------------------------------------------------
Attenuation
----------------------
Intensity, CW maximum power density (watts/cm\2\) Optical
density Attenuation
(O.D.) factor
------------------------------------------------------------------------
10-2............................................. 5 10\5\
10-1............................................. 6 10\6\
1.0.............................................. 7 10\7\
10.0............................................. 8 10\8\
------------------------------------------------------------------------
Output levels falling between lines in this table shall require the
higher optical density.
(ii) All protective goggles shall bear a label identifying the
following data:
(A) The laser wavelengths for which use is intended;
(B) The optical density of those wavelengths;
(C) The visible light transmission.
[FR Doc. 2015-05521 Filed 3-12-15; 8:45 am]
BILLING CODE 4510-26-P
