Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment, 46350-46361 [E9-21360]
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rule is approved by the Director of the
Federal Register as of October 9, 2009.
FOR FURTHER INFORMATION CONTACT:
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Contact Jennifer Ashley, Director, OSHA
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–1999.
Technical inquiries: Contact Ted
Twardowski, Directorate of Standards
and Guidance, Room N–3609, OSHA,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–2070;
fax: (202) 693–1663.
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and other relevant information, are also
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www.osha.gov.
SUPPLEMENTARY INFORMATION:
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September 9, 2009.
Linda E. Stiff,
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Enforcement.
Approved: August 26, 2009.
Michael Mundaca,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E9–21458 Filed 9–8–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, and
1918
[Docket No. OSHA–2007–0044]
RIN 1218–AC08
Updating OSHA Standards Based on
National Consensus Standards;
Personal Protective Equipment
Table of Contents
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Final rule.
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AGENCY:
SUMMARY: OSHA is issuing this final
rule to revise the personal protective
equipment (PPE) sections of its general
industry, shipyard employment,
longshoring, and marine terminals
standards regarding requirements for
eye- and face-protective devices, head
protection, and foot protection. OSHA is
updating the references in its
regulations to recognize more recent
editions of the applicable national
consensus standards, and is deleting
editions of the national consensus
standards that PPE must meet if
purchased before a specified date. In
addition, OSHA is amending its
provision that requires safety shoes to
comply with a specific American
National Standards Institute (ANSI)
standard, and a provision that requires
filter lenses and plates in eye-protective
equipment to meet a test for
transmission of radiant energy specified
by another ANSI standard. In amending
these paragraphs, OSHA will require
this safety equipment to comply with
the applicable PPE design provisions.
These revisions are a continuation of
OSHA’s effort to update or remove
references to specific consensus and
industry standards located throughout
its standards.
DATES: This final rule will become
effective on October 9, 2009.
The incorporation by reference of
specific publications listed in this final
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I. Summary and Explanation of the Final
Rule
A. General Background
B. Revisions to the PPE Provisions of the
OSHA Standards
C. Discussion of Comments and Hearing
Testimony
D. Summary of the Final Rule
II. Procedural Determinations
A. Legal Considerations
B. Final Economic Analysis and Regulatory
Flexibility Act Certification
C. OMB Review Under the Paperwork
Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
III. Authority and Signature
I. Summary and Explanation of the
Final Rule
A. General Background
As discussed in a previous Federal
Register document (69 FR 68283),
OSHA is undertaking a series of projects
to update its standards to incorporate
the latest versions of national consensus
and industry standards. These projects
include updating or revoking national
consensus and industry standards
referenced in existing OSHA standards,
updating regulatory text of standards
adopted directly by OSHA from the
language of outdated consensus
standards, and, when appropriate,
replacing specific references to outdated
national consensus and industry
standards with performance-oriented
requirements.
On May 17, 2007, OSHA published a
Notice of Proposed Rulemaking (NPRM)
(72 FR 27771) entitled ‘‘Updating OSHA
Standards Based on National Consensus
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Standards; Personal Protective
Equipment.’’ The NPRM set July 16,
2007, as a deadline for submitting
comments and for requesting an
informal public hearing on the proposed
rule. The Agency received
approximately 25 comments and 4
requests for an informal public hearing.
OSHA then published a Federal
Register notice scheduling an informal
public hearing for December 4, 2007 (72
FR 50302). The informal public hearing
took place as scheduled, and OSHA
received testimony from nine witnesses.
Thomas M. Burke, Administrative Law
Judge, presided at the hearing. At the
end of the hearing, Judge Burke set
deadlines of January 3, 2008, for
submission of post-hearing comments,
and February 4, 2008, for the
submission of final summations and
briefs. Judge Burke closed and certified
the record for this rulemaking on June
23, 2008.
B. Revisions to the PPE Provisions of the
OSHA Standards
1. Background of OSHA’s PPE
Standards
Subpart I of OSHA’s general industry
standards contains design requirements
for eye- and face-protective devices,
head protection, and foot protection.
(See 29 CFR 1910.133, 1910.135,
1910.136.) OSHA has similar
requirements in subpart I of part 1915
(Shipyard Employment), subpart E of
part 1917 (Marine Terminals), and
subpart J of part 1918 (Longshoring).
These rules require that the specified
PPE comply with national consensus
standards incorporated by reference into
the OSHA standards, unless the
employer demonstrates that a piece of
equipment is as effective as equipment
that complies with the incorporated
national consensus standard. (See, e.g.,
29 CFR 1910.133(b)(1).) 1 These design
provisions are part of comprehensive
requirements to ensure that employees
use PPE that will protect them from
hazards in the workplace.
The incorporated ANSI standards are
over a decade old and, in some
instances, are two decades old. Over
this period, ANSI updated all of the
standards, and, in one instance (i.e., the
1 The general industry and shipyard employment
standards expressly allow employers to use PPE
that is as protective as PPE constructed in
accordance with the incorporated standards. OSHA
uses its de minimis policy to allow employers
covered by the longshoring and marine terminals
standards to use PPE that is as protective as PPE
constructed in accordance with the incorporated
standards. (See OSHA Instruction CPL 2.103, ‘‘Field
Inspection Reference Manual,’’ Chapter III.C.2.g;
and memorandum from Richard Fairfax, Director,
Directorate of Enforcement Programs to Regional
Administrators (June 19, 2006).)
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ANSI Z41 standard for protective
footwear), ANSI withdrew its standard
when ASTM adopted a national
consensus standard for protective
footwear. In response, manufacturers
began manufacturing PPE that conforms
with the updated ANSI and ASTM
standards. As a result, employers and
employees have difficulty obtaining PPE
manufactured in accordance with the
national consensus standards
incorporated earlier in OSHA standards.
OSHA estimates that these types of PPE
last about two to four years. (See OSHA
Docket S–060, ‘‘Preliminary Regulatory
Impact & Regulatory Flexibility Analysis
of the Personal Protective Equipment
Standard,’’ Table IV–2 (U.S. Department
of Labor, OSHA, Office of Regulatory
Analysis, June 30, 1989).)
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2. Updating OSHA’s PPE Standards
In the past, OSHA updated its PPE
standards by revising them to
incorporate recent versions of the
national consensus standards, while
leaving the earlier versions of these
national consensus standards in the
regulatory text. (See 59 FR 16360 (April
6, 1994).) This action temporarily
alleviated the problem of trying to
obtain PPE manufactured in accordance
with an earlier version of a national
consensus standard, but it ensured that
the problem would arise again as the
later versions of the standards
superseded the newly incorporated
versions. To alleviate this problem,
OSHA proposed to replace the
references to specific national
consensus standards with a
performance-oriented ‘‘good-design’’
requirement. (72 FR 27771.) The
proposed rule provided guidance on
how employers could meet the gooddesign requirement. It also included
nonmandatory appendices listing those
national consensus standards that
OSHA had determined were gooddesign standards that would meet the
good-design requirement. To ensure that
the appendices remained useful in the
future, OSHA promised in the proposal
to use direct-final rulemaking to
incorporate future editions of consensus
standards into the nonmandatory
appendices. The proposed rule also
deleted older, out-of-date consensus
standards that OSHA had incorporated
into its standards to allow employers to
continue using PPE they had purchased
before a specified date. OSHA noted
that the proposed rule did not alter the
duties of employers because it only
provided employers with additional
options for meeting their duty under the
design-criteria provisions of OSHA’s
existing PPE standards.
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The proposed rule also deleted a
paragraph in § 1910.94 and another
paragraph in § 1910.252, which
reference, respectively, specific versions
of American National Standards
Institute (ANSI) standards on foot
protection and eye- and face-protective
devices. OSHA explained that, in
deleting these references, the relevant
design provisions of the general
industry PPE standard would apply to
these types of PPE.
C. Discussion of Comments and Hearing
Testimony
1. Updating References to Consensus
Standards
Commenters universally agreed with
OSHA’s proposal to update the
references to national consensus
standards. However, a significant
majority, including employee
representatives, PPE manufacturers, and
safety professionals opposed the
proposed replacement of specific
references to national consensus
standards in the regulatory text with a
performance-oriented good-design
requirement and a nonmandatory
appendix. (See, e.g., AFL–CIO (OSHA–
2007–0044–0023); U.S. Safety (Ex.
–0024); International Safety Equipment
Association (ISEA) (Ex. –0025);
American Society of Safety Engineers
(ASSE) (Ex. –0029); see also 3M
Company (Ex. –0026) (expressing
support for performance-oriented
approach, but recommending that
appendices be mandatory and that
OSHA only list ANSI and ASTM
standards as good-design standards at
this time).) A few trade associations
representing employers generally
supported the proposal’s performanceoriented approach, but also noted the
widespread use of PPE that meets ANSI
and ASTM standards and, in one case,
the need to ensure that other ‘‘good
design standards’’ were developed using
a process comparable to the processes
ANSI and ASTM use. (See National
Grain and Feed Association and Grain
Elevator and Processing Society (Ex.
OSHA–2007–0044–0027); American
Bakers Association (Ex. –0028); National
Automobile Dealers Association
(NADA) (Ex. –0047; see, also,
International Association of Drilling
Contractors (Ex. –0022) (expressing
concerns with the proposal, but
apparently implicitly endorsing the
performance-oriented approach).) Three
government agencies commented on the
proposal. All three supported updating
the out-of-date standards. (See Kentucky
Department of Labor, Office of
Occupational Safety and Health (Ex.
OSHA–2007–0044–0021); North
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Carolina Department of Labor,
Occupational Safety and Health
Division (Ex. –0034); NIOSH (Ex.
–0037)). All witnesses who participated
at the hearing testified in opposition to
the proposed good-design approach.
(See Ex. OSHA–2007–0044–0059.)
In general, the commenters noted that
the proposal was confusing, (e.g., AFL–
CIO (Ex. OSHA–2007–0044–0023)), that
it removed a ‘‘baseline’’ level of
protection from the standards, (see, e.g.,
ISEA (Ex. –0025)), that the criteria
defining a good-design standard were
too vague and subjective, (see, e.g.,
ASSE, Tr. at 84–85), and that the
proposal could result in less employee
protection (see, e.g., U.S. Safety (Ex.
–0024)). In addition, the AFL–CIO
asserted that OSHA could alleviate the
administrative and practical difficulties
associated with outdated national
consensus standards by updating the
OSHA standards through direct-final
rulemaking. (See Ex. OSHA–2007–
0044–0023; Tr. 95–96.)
OSHA believes that, for the most part,
these and other criticisms of the
proposal represent a misunderstanding
of the proposal or overstate the effects
of the proposed good-design
requirement. For example, numerous
commenters noted that the proposed
rule eliminated a baseline level of PPE
protection. (See, e.g., ISEA (Ex. OSHA–
2007–0044–0025) and ASSE (Tr. at 84–
85).) These concerns appear to overlook
the provision in the proposal that
required the PPE to provide protection
equivalent to or greater than PPE that
was constructed in accordance with one
of the national consensus standards
listed in the nonmandatory appendices,
which included national consensus
standards already incorporated into the
OSHA standards. (See, e.g., proposed
§ 1910.133(b)(2) in 72 FR 27775.)
Several commenters expressed
concern that allowing employers to
select PPE that provided protection
equivalent to PPE constructed in
accordance with a listed ANSI standard
was subject to abuse. (See ISEA (Tr. at
40–41); ASSE (Ex. OSHA–2007–0044–
0029) and (Tr. at 79).) Although OSHA
cannot rule out the possibility that
employers could incorrectly claim that
PPE constructed in accordance with a
non-ANSI design standard provides an
appropriate level of protection, the
Agency notes that, in the case of the
current general industry and shipyard
employment PPE provisions, employers
could make the same claim. (See, e.g.,
29 CFR 1910.133(b)(2).)
Finally, a few commenters remarked
that employee protection may decrease
because OSHA, at a later date, could
approve, for inclusion in the
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nonmandatory appendices, a design
standard that did not provide an
adequate level of protection. (See, e.g.,
ASSE (Ex. OSHA–2007–0044–0029, and
Tr. at 79).) These commenters, however,
did not provide a basis for this
comment. Moreover, OSHA notes that
such action would be counter to its
long-standing policy to adopt new
requirements only if they provide
employees with equivalent or increased
protection. In any event, adding a
design standard to the nonmandatory
appendices would be subject to noticeand-comment rulemaking.
OSHA believes that the widespread
opposition to the good-design provision
indicates possible misapplication of the
standard if adopted as proposed. In
addition, the widespread support for
continued incorporation of national
consensus standards convinces OSHA
that using direct-final rulemaking to
update references to national consensus
standards may alleviate the
administrative and practical problems
that arise when OSHA standards require
compliance with outdated national
consensus standards.2 Accordingly,
OSHA is not adopting the proposed
good-design approach.
Instead, OSHA revised the text of the
final rules to allow employers to meet
the design requirements of its PPE
standards by using PPE constructed in
accordance with any of three national
consensus standards—the two most
recent national consensus standards and
the national consensus standard
incorporated in the current OSHA
standards. Additionally, the final rules
maintain the option employers currently
have to use PPE that is not
manufactured in accordance with one of
the listed consensus standards if the
employer can demonstrate that the PPE
it selects is as protective as PPE
constructed in accordance with one of
the incorporated consensus standards.
The final regulatory text responds to the
numerous requests that OSHA continue
to incorporate, and require compliance
with, specific national consensus
standards. (See, e.g., Tr. at 44–45 and
95–97; Exs. OSHA–2007–0044–0023
and –0048).)
2. Miscellaneous Comments
ISEA, in its written comments,
recommended that OSHA amend
Appendix B to § 1910, subpart I
(‘‘Selection Guidelines for Head
Protection’’) to conform to the recent
2 OSHA will use the direct-final rulemaking
process to update national consensus standards
referenced in its PPE standards when it is
appropriate to do so (see, J. Lubbers, A Guide to
Federal Agency Rulemaking, at 115–119 (4th ed.
2006)).
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edition of ANSI Z89.1 (see Ex. OSHA–
2007–0044–0025). Beginning with the
ANSI Z89.1–1997 standard, ANSI
updated the classification system for
protective helmets. In this edition and
in the subsequent edition, ANSI
classified the type and class of
protective helmets differently than it
did in the current OSHA-incorporated
1986 edition. Consequently, ANSI no
longer uses the old designations—Type
1 (hats) and Type 2 (caps). The electrical
insulation classifications of Class G
(General—tested to 2200V), Class E
(Electrical—tested to 20,000V), and
Class C (Conductive—no electrical
protection) replace former Classes A, B,
and C, respectively, to make the
designations more user-friendly.
Therefore, the Agency is amending
paragraph 9 of nonmandatory Appendix
B to § 1910, subpart I by adding a
discussion clarifying the relationship
between the old classification system
and the new classification system.
A number of commenters and
witnesses addressed matters that are
beyond the scope of this rulemaking.
For example, several commenters and
witnesses recommended that OSHA
require third-party certification or
independent testing of PPE. (See Tr. at
83; Exs. OSHA–2007–0044–0031 and
–0037.) One commenter asked OSHA to
address respirators in this rulemaking
(Ex. OSHA–2007–0044–0003). Other
commenters addressed who had
responsibility for paying for PPE (Exs.
OSHA–2007–0044–0004 and –0034), an
issue OSHA resolved in a previous
rulemaking (see 72 FR 64342). Two
commenters requested that OSHA
supply free national consensus
standards to interested parties (Exs.
OSHA–2007–0044–0017 and –0020).
Regarding this request, OSHA notes that
copyright laws protect national
consensus standards referenced in its
standards, although copies of these
national consensus standards are
available for viewing only at OSHA’s
Docket Office, libraries at OSHA
Regional Offices, and the U.S. National
Archives and Records Administration.
Some commenters (Exs. OSHA–2007–
0044–0021 and –0034) and witnesses
(Tr. at 18–19 and 51–52) questioned the
Agency’s decision not to include the
construction industry in this
rulemaking. OSHA responded at the
hearing that it had decided not to
include the construction industry
because of the size of the undertaking
and OSHA’s limited resources. (Tr. at
18–19).
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3. Deleting Outdated References From
Ventilation and Welding Standards
OSHA did not receive any comments
on its proposal to delete paragraph
(a)(5)(v)(a) in § 1910.94 and paragraph
(b)(2)(ii)(I) in § 1910.252,3 which
reference, respectively, specific versions
of American National Standards
Institute (ANSI) standards on foot
protection and eye- and face-protective
devices.
Paragraph (a)(5)(v)(a) of § 1910.94
requires that safety shoes used by
abrasive-blasting operators comply with
ANSI Z41.1–1967, while
§ 1910.252(b)(2)(ii)(I) specifies that filter
lenses and plates used in protective
eyewear for welding must comply with
the transmission test for radiant energy
prescribed in ANSI Z87.1–1968. These
references are outdated and, therefore,
OSHA is amending these paragraphs so
that they are consistent with OSHA’s
revisions to §§ 1910.133(b) and
1910.136(b).
D. Summary of the Final Rule
With this rulemaking, OSHA is
updating the references to national
consensus standards in the PPE sections
of its general industry, shipyard
employment, longshoring, and marine
terminals rules, thereby explicitly
allowing employers to use PPE
constructed in accordance with the most
recent national consensus standards.
Numerous comments and hearing
testimony persuaded OSHA to leave the
references to national consensus
standards in the regulatory text of the
final standard. In this regard, the
Agency decided to allow employers to
use any of three editions of the national
consensus standards, which consist of
the post-1986 editions they must use
currently and either of the two most
recent editions of these standards. This
action is consistent with the notice
provided by the NPRM (72 FR 27771).
The final regulatory text addresses
3M’s written comment that, even though
3M supports the proposal’s
performance-oriented approach, the
proposal’s nonmandatory appendix
should be mandatory (Ex. OSHA–2007–
0044–0026). Similarly, it is consistent
with the recommendation made by
several trade associations that
employers should be able to comply
with their obligations under the
proposed rule by continuing to use PPE
constructed in accordance with ANSI
3 The NPRM also requested public comment on
(1) its assumption that the proposed revisions
would not increase compliance burdens, and (2)
whether it should replace these paragraphs with
cross references to §§ 1910.136(b) and 1910.133(b).
The Agency received no comment on either issue.
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and ASTM standards. (See National
Grain and Feed Association and Grain
Elevator and Processing Society (Ex.
OSHA–2007–0044–0027); American
Bakers Association (Ex. –0028); NADA
(Ex. –0047); see, also, International
Association of Drilling Contractors (Ex.
–0022) (stating that OSHA ‘‘may wish to
consider including International
Standards Organization (ISO)
standards’’ to the list of standards in the
nonmandatory appendices).)
In developing the final rule, the
Agency had to decide whether to allow
employers to continue using the
editions of the national consensus
standards currently incorporated in its
PPE standards. In this regard, several
commenters and witnesses
recommended that OSHA delete
references to the versions of the national
consensus standards that are currently
incorporated in the OSHA standards,
(see, e.g., Ex. OSHA–2007–0044–0025;
Tr. at 81). However, OSHA received
testimony from several witnesses at the
hearing that the PPE designed under a
previous standard generally remains
safe to use even though it may not
conform totally with the most recent
standard, and that allowing employers
to use this PPE would permit them to
deplete inventories before they have to
purchase new PPE (Tr. at 90 and 140–
143). In addition to these comments,
OSHA proposed in the NPRM to list
these editions in the nonmandatory
appendices as examples of national
consensus standards that met the
proposal’s good design requirement,
thereby demonstrating OSHA’s
confidence in the level of employee
protection afforded by these national
consensus standards. The Agency also
noted in the NPRM that the rulemaking
would place no economic burden on
employers who may still be using PPE
constructed in accordance with the
currently incorporated editions of the
national consensus standards, implying
that these employers could continue
using this equipment.4 Therefore, based
on the witness testimony and its
statements in the NPRM, OSHA is
retaining references to post-1986
editions of the national consensus
standards currently incorporated in its
PPE standards.
The regulatory text in the final
standards also is consistent with
4 In the NPRM, OSHA specifically noted that it
did not believe that employers were still using PPE
constructed in accordance with the ANSI standards
that it adopted to allow employers to continue to
use PPE they purchased before a specified date, and
proposed to delete any reference to these consensus
standards from the PPE standards. OSHA received
no comments indicating that employers were using
such PPE currently.
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OSHA’s need to alleviate the
administrative and practical problems
that arise when current OSHA standards
require compliance with outdated
national consensus standards and
updated national consensus standards
are available that would enable
employers to use PPE that meets design
requirements that would provide
employees with an equivalent or
increased level of protection. Although
the final rule does not alleviate the
administrative and practical problems
completely, OSHA believes that using
direct-final rulemaking will reduce
substantially the burden of revising this
final regulatory text to incorporate
future national consensus standards as
ANSI and other standards-development
organizations develop them.
The safety shoes required by
§ 1910.94(a)(5)(v)(a) must comply with
the updated national consensus
standards referenced in § 1910.136(b)(1),
while the filter lenses and plates in
protective eyewear required by
§ 1910.252(b)(2) must meet one of the
tests for radiant-energy transmission
prescribed in the ANSI standards
incorporated by the updated
§ 1910.133(b)(1).
OSHA believes these deletions of
references to specific outdated
consensus standards will not increase
compliance burdens, including
compliance costs, because it is unlikely
that employers are using safety shoes
and eyewear manufactured in
accordance with ANSI Z41.1–1967 and
ANSI Z87.1–1968, respectively. (See Tr.
at 55 (ISEA representative testifying that
employers cannot purchase PPE built to
the ANSI standards that are currently
incorporated in OSHA’s standards).)
Instead, the Agency presumes that
employers are using safety shoes
manufactured in accordance with the
1991 or 1999 editions of ASTM F–2412–
05 and ASTM F–2413–05, and eyewear
that complies with ANSI Z87.1–1989,
ANSI 87.1–1989 (R–1998), or ANSI
Z87.1–2003.
Regarding safety shoes, OSHA
believes that shoes constructed
according to recent national consensus
standards provide an appropriate level
of protection, and, moreover, that it is
difficult for employers to purchase
shoes constructed in accordance with
the referenced 1967 national consensus
standard. Similarly, although it is
feasible to purchase protective eye wear
that meets an outdated test, if the
protective eye wear meets a subsequent
test that provides equivalent or greater
protection, it is unnecessarily confusing
to explicitly require conformity to an
outdated test when meeting a more
current test provides the required level
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46353
of protection. Accordingly, OSHA
believes that complying with related
OSHA standards (i.e., §§ 1910.133(b)
and 1910.136(b)) will provide
employees with the latest PPE
technology while also easing employers’
compliance obligations. In the final rule,
OSHA revised the phrase ‘‘filter lens
and plates’’ to ‘‘filter lens’’ to conform
to the definitions in the recent ANSI
standards. The newly incorporated
ANSI standards do not define ‘‘plates,’’
and the definitions of ‘‘filter lens’’ in
these standards are broad enough to
encompass ‘‘plates’’ as the term was
used in § 1910.252(b)(2)(ii)(I) and the
1968 ANSI standard. OSHA does not
consider this revision to be substantive.
OSHA is retaining in the final rules
the proposed provision allowing
employers to use PPE not manufactured
in accordance with one of the
incorporated national consensus
standards when the employers meet
their burden to demonstrate that the
PPE they use provides employee
protection that is at least as effective as
PPE constructed in accordance with the
appropriate incorporated national
consensus standard. This provision
allows employers to use subsequent
national consensus standards that they
can demonstrate provide the requisite
level of employee protection.
Differences in this provision, compared
to similar provisions in OSHA’s current
PPE standards, are editorial only, and
do not alter the substantive
requirements of the current standards.
This rulemaking also deletes the
paragraphs in §§ 1910.94 and 1910.252
that reference pre-1970 ANSI standards
on foot protection and eye- and faceprotective devices, respectively. Instead,
employers must comply with
§§ 1910.136(b) and 1910.133(b), which
consist, respectively, of requirements for
foot protection and eye- and faceprotective devices newly updated under
this rulemaking.
Finally, the Agency plans in the
future to update the national consensus
standards referenced in its PPE
standards as new editions become
available. Once OSHA determines that a
new edition of a national consensus
standard provides protection that is
equal to or greater than the editions
currently incorporated into its PPE
standards, the Agency will use
appropriate rulemaking, including
direct-final rulemaking, to incorporate
the new editions, and to remove
outdated editions, from the regulatory
text.
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II. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational
Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 651 et seq., is to achieve
to the extent possible safe and healthful
working conditions for all employees.
29 U.S.C. 651(b). To achieve this goal,
Congress authorized the Secretary of
Labor to promulgate and enforce
occupational safety and health
standards. 29 U.S.C. 654(b), 655(b). A
safety or health standard is a standard
that requires employers to maintain
conditions or adopt practices that are
reasonably necessary or appropriate to
provide safe or healthful working
conditions. 29 U.S.C. 652(8). A standard
is reasonably necessary or appropriate
within the meaning of Section 652(8) of
the OSH Act if a significant risk of
material harm exists in the workplace
and the proposed standard would
substantially reduce or eliminate that
workplace risk. OSHA already
determined that requirements for PPE,
including design requirements, are
reasonably necessary or appropriate
within the meaning of Section 652(8).
The final rule neither reduces employee
protection nor alters an employer’s
obligations under the existing standard.
Under the final rule, employers will be
able to continue to use the same
equipment they have been using to meet
their compliance obligation under the
existing standards’ design-criteria
requirements. The final rule provides
employers with additional options for
meeting the design-criteria
requirement—options most employers
already are using. Therefore, this final
rule does not alter the substantive
protection that must be provided to
employees and the compliance burdens
on employers. Accordingly, OSHA need
not, in this rulemaking, determine
significant risk or the extent to which
the final rule will reduce that risk, as
typically required by Industrial Union
Department, AFL–CIO v. American
Petroleum Institute, 448 U.S. 607 (1980).
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B. Final Economic Analysis and
Regulatory Flexibility Act Certification
This action is not economically
significant within the context of
Executive Order 12866, or a major rule
under the Unfunded Mandates Reform
Act or Section 801 of the Small Business
Regulatory Enforcement Fairness Act.
The rulemaking imposes no additional
costs on any private or public sector
entity, and does not meet any of the
criteria for an economically significant
or major rule specified by the Executive
Order or relevant statutes.
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This rulemaking allows employers
increased flexibility in choosing PPE for
employees. However, the final rule does
not require an employer to update or
replace its PPE solely as a result of this
rule if the PPE currently in use meets
the existing standards. Furthermore,
because the rule imposes no costs,
OSHA certifies that it would not have a
significant impact on a substantial
number of small entities.
In summary, this final rule complies
with Executive Order 13132. In States
without OSHA-approved State Plans,
this rulemaking limits State policy
options in the same manner as other
OSHA standards. In State-Plan States,
this rulemaking does not significantly
limit State policy options because, as
explained in the following section,
State-Plan States do not have to adopt
the final rule.
C. OMB Review Under the Paperwork
Reduction Act of 1995
E. State-Plan States
When Federal OSHA promulgates a
new standard or amends an existing
standard to be more stringent than it
was previously, the 26 States or U.S.
Territories with their own 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 as the new Federal
standard or amendment. 29 CFR
1953.5(a). In this regard, the State
standard must be at least as effective as
the final Federal rule, must be
applicable to both the private and
public (State and local government
employees) sectors, and the States must
complete the rulemaking within six
months of the publication date of the
Federal rule. When OSHA promulgates
a new standard or amendment that does
not impose additional or more stringent
requirements than the existing standard,
State-Plan States need not amend their
standards, although OSHA encourages
them to do so. The 26 States and U.S.
Territories with OSHA-approved
occupational safety and health plans
are: Alaska, Arizona, California, Hawaii,
Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and
Wyoming; Connecticut, New Jersey,
New York, and the Virgin Islands have
OSHA-approved State Plans that apply
only to State and local government
employees.
With regard to this final rule, it will
not impose any additional or more
stringent requirements on employers
compared to existing OSHA standards.
Through this rulemaking, OSHA is
updating the references in its
regulations to recognize recent editions
of the applicable national consensus
standards, and deleting a number of
outdated editions of the national
consensus standards referenced in its
existing PPE standards. The final rule
does not require employers to update or
replace their PPE solely as a result of
this rulemaking if the PPE currently in
This rulemaking does not impose new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–30.
D. Federalism
OSHA reviewed this final rule in
accordance with the Executive Order on
Federalism (Executive Order 13132, 64
FR 43255, August 10, 1999), which
requires that agencies, to the extent
possible, refrain from limiting State
policy options, consult with States prior
to taking any actions that would restrict
State policy options, and take such
actions only when clear constitutional
authority exists and the problem is
national in scope. Executive Order
13132 provides for preemption of State
law only with the expressed consent of
Congress. Any such preemption is to be
limited to the extent possible.
Under Section 18 of the Occupational
Safety and Health Act of 1970 (OSH Act;
29 U.S.C. 667), Congress expressly
provides that States may adopt, with
Federal approval, a plan for the
development and enforcement of
occupational safety and health
standards; States that obtain Federal
approval for such a plan are referred to
as ‘‘State-Plan States.’’ (29 U.S.C. 667.)
Occupational safety and health
standards developed by State-Plan
States must be at least as effective in
providing safe and healthful
employment and places of employment
as the Federal standards. Subject to
these requirements, State-Plan States are
free to develop and enforce under State
law their own requirements for
occupational safety and health
standards.
While OSHA drafted this final rule to
protect employees in every State,
Section 18(c)(2) of the Act permits StatePlan States and Territories to develop
and enforce their own standards for the
design of personal-protective equipment
provided these requirements are at least
as effective in providing safe and
healthful employment and places of
employment as the requirements
specified in this final rule.
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use meets the existing standards.
Therefore, the final rule does not require
action under 29 CFR 1953.5(a), and
States and U.S. Territories with
approved State Plans do not need to
adopt this rule or show OSHA why such
action is unnecessary. However, to the
extent these States and Territories have
the same standards as the OSHA
standards affected by this final rule,
OSHA encourages them to adopt the
amendments.
Signed at Washington, DC, this 28th day of
August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
F. Unfunded Mandates Reform Act
PART 1910—[AMENDED]
OSHA reviewed this final rule in
accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA;
2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093). As
discussed above in Section II.B (‘‘Final
Economic Analysis and Regulatory
Flexibility Certification’’) of this
preamble, OSHA determined that this
final rule imposes no additional costs
on any private- or public-sector entity.
Accordingly, this final rule requires no
additional expenditures by either public
or private employers.
As noted above under Section II.E
(‘‘State-Plan States’’), OSHA’s standards
do not apply to State and local
governments except in States that
elected voluntarily to adopt a State Plan
approved by the Agency. Consequently,
this final rule does not meet the
definition of a ‘‘Federal
intergovernmental mandate’’ (see
Section 421(5) of the UMRA (2 U.S.C.
658(5))). Therefore, for the purposes of
the UMRA, the Agency certifies that this
final rule does not mandate that State,
local, or tribal governments adopt new,
unfunded regulatory obligations, or
increase expenditures by the private
sector of more than $100 million in any
year.
Subpart A—[Amended]
List of Subjects in 29 CFR Parts 1910,
1915, 1917, and 1918
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III. Authority and Signature
Jordan Barab, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the
preparation of this final rule. OSHA is
issuing this final rule pursuant to
Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657), 5 U.S.C. 553, Secretary
of Labor’s Order 5–2007 (72 FR 31160),
and 29 CFR part 1911.
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For the reasons stated above in the
preamble, the Occupational Safety and
Health Administration is amending 29
CFR parts 1910, 1915, 1917, and 1918 as
follows:
■
1. Revise the authority citation for
subpart A of part 1910 to read as
follows:
■
Authority: Sections 4, 6, 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653,
655, 657); Secretary of Labor’s Orders 12–71
(36 FR 8754), 8–76 (41 FR 25059), 9–83 (48
FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR
111), 3–2000 (65 FR 50017), 5–2002 (67 FR
65008), and 5–2007 (72 FR 31160), as
applicable.
Sections 1910.7 and 1910.8 also issued
under 29 CFR Part 1911. Section 1910.7(f)
also issued under 31 U.S.C. 9701, 29 U.S.C.
9a, 5 U.S.C. 553; Public Law 106–113 (113
Stat. 1501A–222); and OMB Circular A–25
(dated July 8, 1993) (58 FR 38142, July 15,
1993).
2. Amend § 1910.6 as follows:
a. Revise paragraphs (a)(2) and (a)(4)
b. Revise paragraph (e) introductory
text
■ c. Revise paragraphs (e)(60), (e)(61),
and (e)(67) through (e)(72)
■ d. Add new paragraphs (e)(73), (74),
(75), (76), and (77)
■ e. Revise paragraph (h) introductory
text
■ f. Add new paragraphs (h)(20) and
(h)(21)
The additions and revisions read as
follows:
■
■
■
§ 1910.6
Cutting and brazing, Eye and face
protection, Foot protection, Head
protection, Incorporation by reference,
Ventilation, and Welding.
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Amendments to Standards
Incorporation by reference.
(a) * * *
(2) Any changes in the standards
incorporated by reference in this part
and an official historic file of such
changes are available for inspection in
the Docket Office at the national office
of the Occupational Safety and Health
Administration, U.S. Department of
Labor, Washington, DC 20910;
telephone: 202–693–2350 (TTY number:
877–889–5627).
*
*
*
*
*
(4) Copies of standards listed in this
section and issued by private standards
organizations are available for purchase
from the issuing organizations at the
addresses or through the other contact
information listed below for these
private standards organizations. In
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46355
addition, these standards are available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
these standards at NARA, telephone:
202–741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, the standards
are available for inspection at any
Regional Office of the Occupational
Safety and Health Administration
(OSHA), or at the OSHA Docket Office,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
2625, Washington, DC 20210; telephone:
202–693–2350 (TTY number: 877–889–
5627).
*
*
*
*
*
(e) Except as noted, copies of the
standards listed below in this paragraph
are available for purchase from the
American National Standards Institute
(ANSI), 25 West 43rd Street, 4th Floor,
New York, NY 10036; telephone: 212–
642–4900; fax: 212–398–0023; Web site:
https://www.ansi.org.
*
*
*
*
*
(60) ANSI Z41–1999, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1910.136(b)(1)(ii). Copies
of ANSI Z41–1999 are available for
purchase only from the National Safety
Council, P.O. Box 558, Itasca, IL 60143–
0558; telephone: 1–800–621–7619; fax:
708–285–0797; Web site: https://
www.nsc.org.
(61) ANSI Z41–1991, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1910.136(b)(1)(iii).
Copies of ANSI Z41–1991 are available
for purchase only from the National
Safety Council, P.O. Box 558, Itasca, IL
60143–0558; telephone: 1–800–621–
7619; fax: 708–285–0797; Web site:
https://www.nsc.org.
*
*
*
*
*
(67) ANSI Z87.1–2003, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§§ 1910.133(b)(1)(i) and
1910.252(b)(2)(ii)(I)(1). Copies of ANSI
Z87.1–2003 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929; or from the
International Safety Equipment
Association (ISEA), 1901 North Moore
Street, Arlington, VA 22209–1762;
telephone: 703–525–1695; fax: 703–
528–2148; Web site: https://
www.safetyequipment.org.
(68) ANSI Z87.1–1989 (R–1998),
American National Standard Practice for
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Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1910.133(b) (1)(ii). Copies of ANSI
Z87.1–1989 (R–1998) are available for
purchase only from the American
Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018–
2187; telephone: 847–699–2929.
(69) ANSI Z87.1–1989, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1910.133(b)(1)(iii). Copies of ANSI
Z87.1–1989 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929.
(70) ANSI Z88.2–1969, Practices for
Respiratory Protection; IBR approved for
§§ 1910.94(c)(6)(iii)(a), 1910.134(c); and
1910.261(a)(3)(xxvi), (b)(2), (f)(5),
(g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4).
(71) ANSI Z89.1–2003, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1910.135(b)(1)(i). Copies of ANSI
Z89.1–2003 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(72) ANSI Z89.1–1997, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1910.135(b)(1)(ii). Copies of ANSI
Z89.1–1997 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(73) ANSI Z89.1–1986, American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements; IBR
approved for § 1910.135(b)(1)(iii).
(74) ANSI Z41.1–1967 Men’s Safety
Toe Footwear; IBR approved for
§ 1910.261(i)(4).
(75) ANSI Z87.1–1968 Practice of
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5),
(g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
(76) ANSI Z89.1–1969 Safety
Requirements for Industrial Head
Protection; IBR approved for
§ 1910.261(a)(3)(xxvii), (b)(2), (g)(15)(v),
and (i)(4).
(77) ANSI Z89.2–1971 Safety
Requirements for Industrial Protective
Helmets for Electrical Workers, Class B;
IBR approved for § 1910.268(i)(1).
*
*
*
*
*
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16:13 Sep 08, 2009
Jkt 217001
(h) Copies of the standards listed
below in this paragraph are available for
purchase from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959;
telephone: 610–832–9585; fax: 610–
832–9555; e-mail: seviceastm.org; Web
site: https://www.astm.org:
*
*
*
*
*
(20) ASTM F–2412–2005, Standard
Test Methods for Foot Protection; IBR
approved for § 1910.136(b)(1)(i).
(21) ASTM F–2413–2005, Standard
Specification for Performance
Requirements for Protective Footwear;
IBR approved for § 1910.136(b)(1)(i).
*
*
*
*
*
Subpart G—[Amended]
3. The authority citation for subpart G
of part 1910 continues to read as
follows:
■
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable; and 29 CFR part
1911.
4. Revise paragraph (a)(5)(v)(a) of
§ 1910.94 to read as follows:
■
§ 1910.94
Ventilation.
(a) * * *
(5) * * *
(v) * * *
(a) Protective footwear must comply
with the requirements specified by 29
CFR 1910.136(b)(1).
*
*
*
*
*
Subpart I—[Amended]
5. Revise the authority citation for
subpart I of part 1910 to read as follows:
■
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable.
Sections 1910.132, 1910.134, and 1910.138
of 29 CFR also issued under 29 CFR part
1911.
Sections 1910.133, 1910.135, and 1910.136
of 29 CFR also issued under 29 CFR part
1911 and 5 U.S.C. 553.
6. Revise paragraph (b) of § 1910.133
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
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any of the following consensus
standards:
(i) ANSI Z87.1–2003, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1910.6;
(ii) ANSI Z87.1–1989 (R–1998),
‘‘American National Standard Practice
for Occupational and Educational Eye
and Face Protection,’’ which is
incorporated by reference in § 1910.6; or
(iii) ANSI Z87.1–1989, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1910.6.
(2) Protective eye and face protection
devices that the employer demonstrates
are at least as effective as protective eye
and face protection devices that are
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
*
*
*
*
*
■ 7. Revise paragraph (b) of § 1910.135
to read as follows:
§ 1910.135
Head protection.
*
*
*
*
*
(b) Criteria for head protection. (1)
Head protection must comply with any
of the following consensus standards:
(i) ANSI Z89.1–2003, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1910.6;
(ii) ANSI Z89.1–1997, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1910.6; or
(iii) ANSI Z89.1–1986, ‘‘American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements,’’
which is incorporated by reference in
§ 1910.6.
(2) Head protection devices that the
employer demonstrates are at least as
effective as head protection devices that
are constructed in accordance with one
of the above consensus standards will
be deemed to be in compliance with the
requirements of this section.
■ 8. Revise paragraph (b) of § 1910.136
to read as follows:
§ 1910.136
Foot protection.
*
*
*
*
*
(b) Criteria for protective footwear. (1)
Protective footwear must comply with
any of the following consensus
standards:
(i) ASTM F–2412–2005, ‘‘Standard
Test Methods for Foot Protection,’’ and
ASTM F–2413–2005, ‘‘Standard
Specification for Performance
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Requirements for Protective Footwear,’’
which are incorporated by reference in
§ 1910.6;
(ii) ANSI Z41–1999, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1910.6; or
(iii) ANSI Z41–1991, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1910.6.
(2) Protective footwear that the
employer demonstrates is at least as
effective as protective footwear that is
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
■ 9. Add a paragraph at the end of
paragraph 9 in Appendix B to subpart
I that reads as follows:
Appendix B to Subpart I to Part 1910—
Non-Mandatory Compliance Guidelines
for Hazard Assessment and Personal
Protective Equipment Selection
*
*
*
*
*
9. Selection guidelines for head protection.
* * *
Beginning with the ANSI Z89.1–1997
standard, ANSI updated the classification
system for protective helmets. Prior revisions
used type classifications to distinguish
between caps and full brimmed hats.
Beginning in 1997, Type I designated helmets
designed to reduce the force of impact
resulting from a blow only to the top of the
head, while Type II designated helmets
designed to reduce the force of impact
resulting from a blow to the top or sides of
the head. Accordingly, if a hazard assessment
indicates that lateral impact to the head is
foreseeable, employers must select Type II
helmets for their employees. To improve
comprehension and usefulness, the 1997
revision also redesignated the electricalprotective classifications for helmets as
follows: ‘‘Class G—General’’; helmets
designed to reduce the danger of contact with
low-voltage conductors; ‘‘Class E—
Electrical’’; helmets designed to reduce the
danger of contact with conductors at higher
voltage levels; and ‘‘Class C—Conductive’’;
helmets that provide no protection against
contact with electrical hazards.
*
*
*
*
*
Subpart Q—[Amended]
10. The authority citation for subpart
Q 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
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable; and 29 CFR part
1911.
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11. Revise paragraph (b)(2)(ii)(I) of
§ 1910.252 to read as follows:
■
§ 1910.252
General requirements.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) * * *
(I) Filter lenses must meet the test for
transmission of radiant energy
prescribed by any of the consensus
standards listed in 29 CFR
1910.133(b)(1).
*
*
*
*
*
PART 1915—[AMENDED]
12. The authority citation for part
1915 continues to read as follows:
■
Authority: Section 41, Longshore and
Harbor Workers’ Compensation Act (33
U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable; and 29 CFR part
1911.
Subpart A—[Amended]
13. Amend § 1915.5 as follows:
a. Revise paragraphs (b) and (c).
b. Revise paragraph (d)(1)
introductory text.
■ c. Revise paragraphs (d)(1)(iv) through
(d)(1)(ix).
■ c. Add new paragraphs (d)(1)(x), and
(d)(1)(xi).
■ d. Add new paragraph (d)(5).
The revision and additions read as
follows:
■
■
■
§ 1915.5
Incorporation by reference.
*
*
*
*
*
(b)(1) The standards listed in
paragraph (d) of this section are
incorporated by reference in the
corresponding sections noted as the
sections exist on the date of the
approval, and a notice of any change in
these standards will be published in the
Federal Register. The Director of the
Federal Register approved these
incorporations by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
(2) Any changes in the standards
incorporated by reference in this part
and an official historic file of such
changes are available for inspection in
the Docket Office at the national office
of the Occupational Safety and Health
Administration, U.S. Department of
Labor, Washington, DC 20910;
telephone: 202–693–2350 (TTY number:
877–889–5627).
(c) Copies of standards listed in this
section and issued by private standards
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
46357
organizations are available for purchase
from the issuing organizations at the
addresses or through the other contact
information listed below for these
private standards organizations. In
addition, these standards are available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
these standards at NARA, telephone:
202–741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, the standards
are available for inspection at any
Regional Office of the Occupational
Safety and Health Administration
(OSHA), or at the OSHA Docket Office,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
2625, Washington, DC 20210; telephone:
202–693–2350 (TTY number: 877–889–
5627).
(d)(1) Except as noted, copies of the
standards listed below in this paragraph
are available for purchase from the
American National Standards Institute
(ANSI), 25 West 43rd Street, 4th Floor,
New York, NY 10036; telephone: 212–
642–4900; fax: 212–398–0023; Web site:
https://www.ansi.org.
*
*
*
*
*
(iv) ANSI Z41–1999, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1915.156(b)(1)(ii). Copies
of ANSI Z41–1999 are available for
purchase only from the National Safety
Council, P.O. Box 558, Itasca, IL 60143–
0558; telephone: 1–800–621–7619; fax:
708–285–0797; Web site: https://
www.nsc.org.
(v) ANSI Z41–1991, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1915.156(b)(1)(iii).
Copies of ANSI Z41–1991 are available
for purchase only from the National
Safety Council, P.O. Box 558, Itasca, IL
60143–0558; telephone: 1–800–621–
7619; fax: 708–285–0797; Web site:
https://www.nsc.org.
(vi) ANSI Z87.1–2003, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1915.153(b)(1)(i). Copies of ANSI
Z87.1–2003 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929; or from the
International Safety Equipment
Association (ISEA), 1901 North Moore
Street, Arlington, VA 22209–1762;
telephone: 703–525–1695; fax: 703–
528–2148; Web site: https://
www.safetyequipment.org.
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09SER1
46358
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
(vii) ANSI Z87.1–1989 (R–1998),
American National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1915.153(b)(1)(ii). Copies of ANSI
Z87.1–1989 (R–1998) are available for
purchase only from the American
Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018–
2187; telephone: 847–699–2929.
(viii) ANSI Z87.1–1989, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1915.153(b)(1)(iii).
(ix) ANSI Z89.1–2003, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1915.155(b)(1)(i). Copies of ANSI
Z89.1–2003 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(x) ANSI Z89.1–1997, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1915.155(b)(1)(ii). Copies of ANSI
Z89.1–1997 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(xi) ANSI Z89.1–1986, American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements; IBR
approved for § 1915.155(b)(1)(iii).
*
*
*
*
*
(5) Copies of the standards listed
below in this paragraph are available for
purchase from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959;
telephone: 610–832–9585; fax: 610–
832–9555; e-mail: seviceastm.org; Web
site: https://www.astm.org:
(i) ASTM F–2412–2005, Standard Test
Methods for Foot Protection; IBR
approved for § 1915.156(b)(1)(i).
(ii) ASTM F–2413–2005, Standard
Specification for Performance
Requirements for Protective Footwear;
IBR approved for § 1915.156(b)(1)(i).
14. Revise paragraph (b) of § 1915.153
to read as follows:
jlentini on DSKJ8SOYB1PROD with RULES
■
Eye and face protection.
*
*
*
*
*
(b) Criteria for protective eye and face
devices. (1) Protective eye and face
protection devices must comply with
VerDate Nov<24>2008
16:13 Sep 08, 2009
§ 1915.155
Head protection.
*
*
*
*
*
(b) Criteria for protective helmets. (1)
Head protection must comply with any
of the following consensus standards:
(i) ANSI Z89.1–2003, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1915.5;
(ii) ANSI Z89.1–1997, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1915.5; or
(iii) ANSI Z89.1–1986, ‘‘American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements,’’
which is incorporated by reference in
§ 1915.5.
(2) Head protection devices that the
employer demonstrates are at least as
effective as head protection devices that
are constructed in accordance with one
of the above consensus standards will
be deemed to be in compliance with the
requirements of this section.
■ 16. Revise paragraph (b) of § 1915.156
to read as follows:
§ 1915.156
Foot protection.
*
Subpart I—[Amended]
§ 1915.153
any of the following consensus
standards:
(i) ANSI Z87.1–2003, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1915.5;
(ii) ANSI Z87.1–1989 (R–1998),
‘‘American National Standard Practice
for Occupational and Educational Eye
and Face Protection,’’ which is
incorporated by reference in § 1915.5; or
(iii) ANSI Z87.1–1989, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1915.5.
(2) Eye and face protection devices
that the employer demonstrates are at
least as effective as protective as eye and
face protection devices that are
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
■ 15. Revise paragraph (b) of § 1915.155
to read as follows:
Jkt 217001
*
*
*
*
(b) Criteria for protective footwear. (1)
Protective footwear must comply with
any of the following consensus
standards:
(i) ASTM F–2412–2005, ‘‘Standard
Test Methods for Foot Protection,’’ and
ASTM F–2413–2005, ‘‘Standard
Specification for Performance
Requirements for Protective Footwear,’’
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
which are incorporated by reference in
§ 1915.5;
(ii) ANSI Z41–1999, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1915.5; or
(iii) ANSI Z41–1991, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1915.5.
(2) Protective footwear that the
employer demonstrates is at least as
effective as protective footwear that is
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
PART 1917—[AMENDED]
17. Revise the authority citation for
part 1917 to read as follows:
■
Authority: Section 41, Longshore and
Harbor Worker’s Compensation Act (33
U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable; and 29 CFR part
1911.
Subpart A—[Amended]
18. Amend 1917.3 as follows:
a. Revise paragraphs (a)(2), (a)(3), and
(a)(4).
■ b. Revise paragraph (b) introductory
text.
■ c. Revise paragraphs (b)(4) through
(b)(7).
■ d. Add new paragraphs (b)(8) through
(b)(12).
■ e. Add new paragraph (c).
The revisions and additions read as
follows:
■
■
§ 1917.3
Incorporation by reference.
(a) * * *
(2) The standards listed in paragraph
(b) of this section are incorporated by
reference in the corresponding sections
noted as the sections exist on the date
of the approval, and a notice of any
change in these standards will be
published in the Federal Register. The
Director of the Federal Register
approved these incorporations by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(3) Any changes in the standards
incorporated by reference in this part
and an official historic file of such
changes are available for inspection in
the Docket Office at the national office
of the Occupational Safety and Health
E:\FR\FM\09SER1.SGM
09SER1
jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
Administration, U.S. Department of
Labor, Washington, DC 20910;
telephone: 202–693–2350 (TTY number:
877–889–5627).
(4) Copies of standards listed in this
section and issued by private standards
organizations are available for purchase
from the issuing organizations at the
addresses or through the other contact
information listed below for these
private standards organizations. In
addition, these standards are available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, telephone: 202–
741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, the material is
available for inspection at any Regional
Office of the Occupational Safety and
Health Administration (OSHA), or at the
OSHA Docket Office, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Room N–2625, Washington, DC
20210; telephone: 202–693–2350 (TTY
number: 877–889–5627).
(b) Except as noted, copies of the
standards listed below in this paragraph
are available for purchase from the
American National Standards Institute
(ANSI), 25 West 43rd Street, 4th Floor,
New York, NY 10036; telephone: 212–
642–4900; fax: 212–398–0023; Web site:
https://www.ansi.org.
*
*
*
*
*
(4) ANSI Z41–1999, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1917.94(b)(1)(ii). Copies
of ANSI Z41–1999 are available for
purchase only from the National Safety
Council, P.O. Box 558, Itasca, IL 60143–
0558; telephone: 1–800–621–7619; fax:
708–285–0797; Web site: https://
www.nsc.org.
(5) ANSI Z41–1991, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1917.94(b)(1)(iii). Copies
of ANSI Z41–1991 are available for
purchase only from the National Safety
Council, P.O. Box 558, Itasca, IL 60143–
0558; telephone: 1–800–621–7619; fax:
708–285–0797; Web site: https://
www.nsc.org.
(6) ANSI Z87.1–2003, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1917.91(a)(1)(i)(A). Copies of ANSI
Z87.1–2003 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929; or from the
International Safety Equipment
VerDate Nov<24>2008
18:05 Sep 08, 2009
Jkt 217001
Association (ISEA), 1901 North Moore
Street, Arlington, VA 22209–1762;
telephone: 703–525–1695; fax: 703–
528–2148; Web site: https://
www.safetyequipment.org.
(7) ANSI Z87.1–1989 (R–1998),
American National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1917.91(a)(1)(i)(B). Copies of ANSI
Z87.1–1989 (R–1998) are available for
purchase only from the American
Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018–
2187; telephone: 847–699–2929.
(8) ANSI Z87.1–1989, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1917.91(a)(1)(i)(C). Copies of ANSI
Z87.1–1989 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929.
(9) ANSI Z89.1–2003, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1917.93(b)(1)(i). Copies of ANSI
Z89.1–2003 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(10) ANSI Z89.1–1997, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1917.93(b)(1)(ii). Copies of ANSI
Z89.1–1997 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(11) ANSI Z89.1–1986, American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements; IBR
approved for § 1917.93(b)(1)(iii).
(12) ASME B56.1, 1959, Safety Code
for Powered Industrial Trucks, pages 8
and 13; IBR approved for § 1917.50(j)(1).
(c) Copies of the following standards
are available for purchase from ASTM
International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA
19428–2959; telephone: 610–832–9585;
fax: 610–832–9555; e-mail:
seviceastm.org; Web site: https://
www.astm.org:
(1) ASTM F–2412–2005, Standard
Test Methods for Foot Protection; IBR
approved for § 1917.94(b)(1)(i).
(2) ASTM F–2413–2005, Standard
Specification for Performance
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
46359
Requirements for Protective Footwear;
IBR approved for § 1917.94(b)(1)(i).
Subpart E—[Amended]
19. Revise paragraph (a)(1) of
§ 1917.91 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 Z87.1–2003, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1917.3;
(B) ANSI Z87.1–1989 (R–1998),
‘‘American National Standard Practice
for Occupational and Educational Eye
and Face Protection,’’ which is
incorporated by reference in § 1917.3; or
(C) ANSI Z87.1–1989, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1917.3.
(ii) Protective eye and face protection
devices that the employer demonstrates
are at least as effective as protective eye
and face protection devices that are
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
*
*
*
*
*
■ 20. Revise paragraph (b) of § 1917.93
to read as follows:
§ 1917.93
Head protection.
*
*
*
*
*
(b)(1) The employer must ensure that
head protection complies with any of
the following consensus standards:
(i) ANSI Z89.1–2003, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1917.3;
(ii) ANSI Z89.1–1997, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1917.3; or
(iii) ANSI Z89.1–1986, ‘‘American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements,’’
which is incorporated by reference in
§ 1917.3.
(2) Head protection devices that the
employer demonstrates are at least as
effective as head protection devices that
are constructed in accordance with one
of the above consensus standards will
be deemed to be in compliance with the
requirements of this section.
*
*
*
*
*
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
21. Revise paragraph (b) of § 1917.94
to read as follows:
■
§ 1917.94
Foot protection.
*
*
*
*
*
(b)(1) The employer must ensure that
protective footwear complies with any
of the following consensus standards:
(i) ASTM F–2412–2005, ‘‘Standard
Test Methods for Foot Protection,’’ and
ASTM F–2413–2005, ‘‘Standard
Specification for Performance
Requirements for Protective Footwear,’’
which are incorporated by reference in
§ 1917.3;
(ii) ANSI Z41–1999, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1917.3; or
(iii) ANSI Z41–1991, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1917.3.
(2) Protective footwear that the
employer demonstrates is at least as
effective as protective footwear that is
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
PART 1918—[AMENDED]
22. Revise the authority citation for
part 1918 to read as follows:
■
Authority: Section 41, Longshore and
Harbor Workers’ Compensation Act (33
U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Orders 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160), as applicable; and 29 CFR part
1911.
Subpart A—[Amended]
23. Amend 1918.3 as follows:
a. Revise paragraphs (a)(2), (a)(3), and
(a)(4).
■ b. Revise paragraph (b) introductory
text.
■ c. Revise paragraphs (b)(4) through
(b)(6).
■ d. Add new paragraphs (b)(7) through
(b)(11).
■ e. Add new paragraph (c).
The revisions and additions read as
follows:
jlentini on DSKJ8SOYB1PROD with RULES
■
■
§ 1918.3
Incorporation by reference.
(a) * * *
(2) The standards listed in paragraph
(b) of this section are incorporated by
reference in the corresponding sections
noted as the sections exist on the date
of the approval, and a notice of any
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
change in these standards will be
published in the Federal Register. The
Director of the Federal Register
approved these incorporations by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(3) Any changes in the standards
incorporated by reference in this part
and an official historic file of such
changes are available for inspection in
the Docket Office at the national office
of the Occupational Safety and Health
Administration, U.S. Department of
Labor, Washington, DC 20910;
telephone: 202–693–2350 (TTY number:
877–889–5627).
(4) Copies of standards listed in this
section and issued by private standards
organizations are available for purchase
from the issuing organizations at the
addresses or through the other contact
information listed below for these
private standards organizations. In
addition, these standards are available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, telephone: 202–
741–6030, or go to http:/
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, the standards
are available for inspection at any
Regional Office of the Occupational
Safety and Health Administration
(OSHA), or at the OSHA Docket Office,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
2625, Washington, DC 20210; telephone:
202–693–2350 (TTY number: 877–889–
5627). (b) Except as noted, copies of the
standards listed below in this paragraph
are available for purchase from the
American National Standards Institute
(ANSI), 25 West 43rd Street, 4th Floor,
New York, NY 10036; telephone: 212–
642–4900; fax: 212–398–0023; Web site:
*
*
*
*
*
(4) ANSI Z41–1999, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1918.104(b)(1)(ii). Copies
of ANSI Z41–1999 are available for
purchase only from the National Safety
Council, P.O. Box 558, Itasca, IL 60143–
0558; telephone: 1–800–621–7619; fax:
708–285–0797; Web site: https://
www.nsc.org.
(5) ANSI Z41–1991, American
National Standard for Personal
Protection—Protective Footwear; IBR
approved for § 1918.104(b)(1)(iii).
Copies of ANSI Z41–1991 are available
for purchase only from the National
Safety Council, P.O. Box 558, Itasca, IL
60143–0558; telephone: 1–800–621–
7619; fax: 708–285–0797; Web site:
https://www.nsc.org.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
(6) ANSI Z87.1–2003, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1918.101(a)(1)(i)(A). Copies of ANSI
Z87.1–2003 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929; or from the
International Safety Equipment
Association (ISEA), 1901 North Moore
Street, Arlington, VA 22209–1762;
telephone: 703–525–1695; fax: 703–
528–2148; Web site: https://
www.safetyequipment.org.
(7) ANSI Z87.1–1989 (R–1998),
American National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1918.101(a)(1)(i)(B). Copies of ANSI
Z87.1–1989 (R1998) are available for
purchase only from the American
Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018–
2187; telephone: 847–699–2929.
(8) ANSI Z87.1–1989, American
National Standard Practice for
Occupational and Educational Eye and
Face Protection; IBR approved for
§ 1918.101(a)(1)(i)(C). Copies of ANSI
Z87.1–1989 are available for purchase
only from the American Society of
Safety Engineers, 1800 East Oakton
Street, Des Plaines, IL 60018–2187;
telephone: 847–699–2929.
(9) ANSI Z89.1–2003, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1918.103(b)(1)(i). Copies of ANSI
Z89.1–2003 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(10) ANSI Z89.1–1997, American
National Standard for Industrial Head
Protection; IBR approved for
§ 1918.103(b)(1)(ii). Copies of ANSI
Z89.1–1997 are available for purchase
only from the International Safety
Equipment Association, 1901 North
Moore Street, Arlington, VA 22209–
1762; telephone: 703–525–1695; fax:
703–528–2148; Web site: https://
www.safetyequipment.org.
(11) ANSI Z89.1–1986, American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements; IBR
approved for § 1918.103(b)(1)(iii).
(c) Copies of the following standards
are available for purchase from ASTM
International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA
19428–2959; telephone: 610–832–9585;
fax: 610–832–9555; e-mail:
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
seviceastm.org; Web site: https://
www.astm.org.
(1) ASTM F–2412–2005, Standard
Test Methods for Foot Protection; IBR
approved for § 1917.94(b)(1)(i).
(2) ASTM F–2413–2005, Standard
Specification for Performance
Requirements for Protective Footwear;
IBR approved for § 1917.94(b)(1)(i).
Subpart J—[Amended]
§ 1918.104
24. Revise paragraph (a)(1) of
§ 1918.101 to read as follows:
■
§ 1918.101
Eye and face protection.
Head protection.
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
*
*
(b)(1) The employer must ensure that
head protection complies with any of
the following consensus standards:
(i) ANSI Z89.1–2003, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1918.3;
(ii) ANSI Z89.1–1997, ‘‘American
National Standard for Industrial Head
Protection,’’ which is incorporated by
reference in § 1918.3; or
(iii) ANSI Z89.1–1986, ‘‘American
National Standard for Personnel
Protection—Protective Headwear for
Industrial Workers—Requirements,’’
which is incorporated by reference in
§ 1918.3.
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
Foot protection.
*
(a) * * *
(1)(i) Employers must ensure that
each employee uses appropriate eye
and/or face protection when the
employee is exposed to an eye or face
hazard, and that protective eye and face
devices comply with any of the
following consensus standards:
(A) ANSI Z87.1–2003, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1918.3;
(B) ANSI Z87.1–1989 (R1998),
‘‘American National Standard Practice
for Occupational and Educational Eye
and Face Protection,’’ which is
incorporated by reference in § 1918.3; or
(C) ANSI Z87.1–1989, ‘‘American
National Standard Practice for
Occupational and Educational Eye and
Face Protection,’’ which is incorporated
by reference in § 1918.3.
(ii) Protective eye and face protection
devices that the employer demonstrates
are at least as effective as protective eye
and face protection devices that are
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
*
*
*
*
*
■ 25. Revise paragraph (b) of § 1918.103
to read as follows:
§ 1918.103
(2) Head protection devices that the
employer demonstrates are at least as
effective as head protection devices that
are constructed in accordance with one
of the above consensus standards will
be deemed to be in compliance with the
requirements of this section.
*
*
*
*
*
■ 26. Revise paragraph (b) of § 1918.104
to read as follows:
*
*
*
*
(b)(1) The employer must ensure that
protective footwear complies with any
of the following consensus standards:
(i) ASTM F–2412–2005, ‘‘Standard
Test Methods for Foot Protection,’’ and
ASTM F–2413–2005, ‘‘Standard
Specification for Performance
Requirements for Protective Footwear,’’
which are incorporated by reference in
§ 1918.3;
(ii) ANSI Z41–1999, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1918.3; or
(iii) ANSI Z41–1991, ‘‘American
National Standard for Personal
Protection—Protective Footwear,’’
which is incorporated by reference in
§ 1918.3.
(2) Protective footwear that the
employer demonstrates is at least as
effective as protective footwear that is
constructed in accordance with one of
the above consensus standards will be
deemed to be in compliance with the
requirements of this section.
[FR Doc. E9–21360 Filed 9–8–09; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 538
Sudanese Sanctions Regulations
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
SUMMARY: The Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is amending the
Sudanese Sanctions Regulations by
issuing a general license that authorizes
the exportation and reexportation of
agricultural commodities, medicine, and
medical devices to the Specified Areas
of Sudan, as well as the conduct of
related transactions. The Specified
Areas of Sudan are defined as Southern
Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei,
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
46361
Darfur, and marginalized areas in and
around Khartoum. OFAC also is making
conforming changes to the Sudanese
Sanctions Regulations to reflect this
authorization.
DATES: Effective Date: September 9,
2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Compliance,
Outreach and Implementation, tel.: 202/
622–2490, Assistant Director for
Licensing, tel.: 202/622–2480, Assistant
Director for Policy, tel.: 202/622–4855,
Office of Foreign Assets Control, or
Chief Counsel (Foreign Assets Control),
tel.: 202/622–2410, Office of the General
Counsel, Department of the Treasury
(not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(https://www.treas.gov/ofac) or via
facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077.
Background
The Sudanese Sanctions Regulations,
31 CFR part 538 (the ‘‘SSR’’), were
promulgated to implement Executive
Order 13067 of November 3, 1997 (62
FR 59989, November 5, 1997) (‘‘E.O.
13067’’), in which the President
declared a national emergency with
respect to the policies and actions of the
Government of Sudan.
To deal with that emergency, E.O.
13067 imposed comprehensive trade
sanctions with respect to Sudan and
blocked all property and interests in
property of the Government of Sudan in
the United States or within the
possession or control of United States
persons.
Subsequently, on October 13, 2006,
the President signed the Darfur Peace
and Accountability Act of 2006 (Pub. L.
109–344, 120 Stat. 1869) (‘‘DPAA’’) and
issued Executive Order 13412 of
October 13, 2006 (71 FR 61369, October
17, 2006) (‘‘E.O. 13412’’). The DPAA
and E.O. 13412, inter alia, exempt the
Specified Areas of Sudan from certain
prohibitions set forth in E.O. 13067, and
define the term Specified Areas of
Sudan to include Southern Sudan,
Southern Kordofan/Nuba Mountains
State, Blue Nile State, Abyei, Darfur,
and marginalized areas in and around
Khartoum. While E.O. 13412 exempted
the Specified Areas of Sudan from
certain prohibitions in E.O. 13067, it
continued the country-wide blocking of
the Government of Sudan’s property
and interests in property and imposed a
new country-wide prohibition on
E:\FR\FM\09SER1.SGM
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Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46350-46361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21360]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, and 1918
[Docket No. OSHA-2007-0044]
RIN 1218-AC08
Updating OSHA Standards Based on National Consensus Standards;
Personal Protective Equipment
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: OSHA is issuing this final rule to revise the personal
protective equipment (PPE) sections of its general industry, shipyard
employment, longshoring, and marine terminals standards regarding
requirements for eye- and face-protective devices, head protection, and
foot protection. OSHA is updating the references in its regulations to
recognize more recent editions of the applicable national consensus
standards, and is deleting editions of the national consensus standards
that PPE must meet if purchased before a specified date. In addition,
OSHA is amending its provision that requires safety shoes to comply
with a specific American National Standards Institute (ANSI) standard,
and a provision that requires filter lenses and plates in eye-
protective equipment to meet a test for transmission of radiant energy
specified by another ANSI standard. In amending these paragraphs, OSHA
will require this safety equipment to comply with the applicable PPE
design provisions. These revisions are a continuation of OSHA's effort
to update or remove references to specific consensus and industry
standards located throughout its standards.
DATES: This final rule will become effective on October 9, 2009.
The incorporation by reference of specific publications listed in
this final rule is approved by the Director of the Federal Register as
of October 9, 2009.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
Technical inquiries: Contact Ted Twardowski, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-2070; fax: (202) 693-1663.
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, are also available at OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary and Explanation of the Final Rule
A. General Background
B. Revisions to the PPE Provisions of the OSHA Standards
C. Discussion of Comments and Hearing Testimony
D. Summary of the Final Rule
II. Procedural Determinations
A. Legal Considerations
B. Final Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
III. Authority and Signature
I. Summary and Explanation of the Final Rule
A. General Background
As discussed in a previous Federal Register document (69 FR 68283),
OSHA is undertaking a series of projects to update its standards to
incorporate the latest versions of national consensus and industry
standards. These projects include updating or revoking national
consensus and industry standards referenced in existing OSHA standards,
updating regulatory text of standards adopted directly by OSHA from the
language of outdated consensus standards, and, when appropriate,
replacing specific references to outdated national consensus and
industry standards with performance-oriented requirements.
On May 17, 2007, OSHA published a Notice of Proposed Rulemaking
(NPRM) (72 FR 27771) entitled ``Updating OSHA Standards Based on
National Consensus Standards; Personal Protective Equipment.'' The NPRM
set July 16, 2007, as a deadline for submitting comments and for
requesting an informal public hearing on the proposed rule. The Agency
received approximately 25 comments and 4 requests for an informal
public hearing. OSHA then published a Federal Register notice
scheduling an informal public hearing for December 4, 2007 (72 FR
50302). The informal public hearing took place as scheduled, and OSHA
received testimony from nine witnesses. Thomas M. Burke, Administrative
Law Judge, presided at the hearing. At the end of the hearing, Judge
Burke set deadlines of January 3, 2008, for submission of post-hearing
comments, and February 4, 2008, for the submission of final summations
and briefs. Judge Burke closed and certified the record for this
rulemaking on June 23, 2008.
B. Revisions to the PPE Provisions of the OSHA Standards
1. Background of OSHA's PPE Standards
Subpart I of OSHA's general industry standards contains design
requirements for eye- and face-protective devices, head protection, and
foot protection. (See 29 CFR 1910.133, 1910.135, 1910.136.) OSHA has
similar requirements in subpart I of part 1915 (Shipyard Employment),
subpart E of part 1917 (Marine Terminals), and subpart J of part 1918
(Longshoring). These rules require that the specified PPE comply with
national consensus standards incorporated by reference into the OSHA
standards, unless the employer demonstrates that a piece of equipment
is as effective as equipment that complies with the incorporated
national consensus standard. (See, e.g., 29 CFR 1910.133(b)(1).) \1\
These design provisions are part of comprehensive requirements to
ensure that employees use PPE that will protect them from hazards in
the workplace.
---------------------------------------------------------------------------
\1\ The general industry and shipyard employment standards
expressly allow employers to use PPE that is as protective as PPE
constructed in accordance with the incorporated standards. OSHA uses
its de minimis policy to allow employers covered by the longshoring
and marine terminals standards to use PPE that is as protective as
PPE constructed in accordance with the incorporated standards. (See
OSHA Instruction CPL 2.103, ``Field Inspection Reference Manual,''
Chapter III.C.2.g; and memorandum from Richard Fairfax, Director,
Directorate of Enforcement Programs to Regional Administrators (June
19, 2006).)
---------------------------------------------------------------------------
The incorporated ANSI standards are over a decade old and, in some
instances, are two decades old. Over this period, ANSI updated all of
the standards, and, in one instance (i.e., the
[[Page 46351]]
ANSI Z41 standard for protective footwear), ANSI withdrew its standard
when ASTM adopted a national consensus standard for protective
footwear. In response, manufacturers began manufacturing PPE that
conforms with the updated ANSI and ASTM standards. As a result,
employers and employees have difficulty obtaining PPE manufactured in
accordance with the national consensus standards incorporated earlier
in OSHA standards. OSHA estimates that these types of PPE last about
two to four years. (See OSHA Docket S-060, ``Preliminary Regulatory
Impact & Regulatory Flexibility Analysis of the Personal Protective
Equipment Standard,'' Table IV-2 (U.S. Department of Labor, OSHA,
Office of Regulatory Analysis, June 30, 1989).)
2. Updating OSHA's PPE Standards
In the past, OSHA updated its PPE standards by revising them to
incorporate recent versions of the national consensus standards, while
leaving the earlier versions of these national consensus standards in
the regulatory text. (See 59 FR 16360 (April 6, 1994).) This action
temporarily alleviated the problem of trying to obtain PPE manufactured
in accordance with an earlier version of a national consensus standard,
but it ensured that the problem would arise again as the later versions
of the standards superseded the newly incorporated versions. To
alleviate this problem, OSHA proposed to replace the references to
specific national consensus standards with a performance-oriented
``good-design'' requirement. (72 FR 27771.) The proposed rule provided
guidance on how employers could meet the good-design requirement. It
also included nonmandatory appendices listing those national consensus
standards that OSHA had determined were good-design standards that
would meet the good-design requirement. To ensure that the appendices
remained useful in the future, OSHA promised in the proposal to use
direct-final rulemaking to incorporate future editions of consensus
standards into the nonmandatory appendices. The proposed rule also
deleted older, out-of-date consensus standards that OSHA had
incorporated into its standards to allow employers to continue using
PPE they had purchased before a specified date. OSHA noted that the
proposed rule did not alter the duties of employers because it only
provided employers with additional options for meeting their duty under
the design-criteria provisions of OSHA's existing PPE standards.
The proposed rule also deleted a paragraph in Sec. 1910.94 and
another paragraph in Sec. 1910.252, which reference, respectively,
specific versions of American National Standards Institute (ANSI)
standards on foot protection and eye- and face-protective devices. OSHA
explained that, in deleting these references, the relevant design
provisions of the general industry PPE standard would apply to these
types of PPE.
C. Discussion of Comments and Hearing Testimony
1. Updating References to Consensus Standards
Commenters universally agreed with OSHA's proposal to update the
references to national consensus standards. However, a significant
majority, including employee representatives, PPE manufacturers, and
safety professionals opposed the proposed replacement of specific
references to national consensus standards in the regulatory text with
a performance-oriented good-design requirement and a nonmandatory
appendix. (See, e.g., AFL-CIO (OSHA-2007-0044-0023); U.S. Safety (Ex. -
0024); International Safety Equipment Association (ISEA) (Ex. -0025);
American Society of Safety Engineers (ASSE) (Ex. -0029); see also 3M
Company (Ex. -0026) (expressing support for performance-oriented
approach, but recommending that appendices be mandatory and that OSHA
only list ANSI and ASTM standards as good-design standards at this
time).) A few trade associations representing employers generally
supported the proposal's performance-oriented approach, but also noted
the widespread use of PPE that meets ANSI and ASTM standards and, in
one case, the need to ensure that other ``good design standards'' were
developed using a process comparable to the processes ANSI and ASTM
use. (See National Grain and Feed Association and Grain Elevator and
Processing Society (Ex. OSHA-2007-0044-0027); American Bakers
Association (Ex. -0028); National Automobile Dealers Association (NADA)
(Ex. -0047; see, also, International Association of Drilling
Contractors (Ex. -0022) (expressing concerns with the proposal, but
apparently implicitly endorsing the performance-oriented approach).)
Three government agencies commented on the proposal. All three
supported updating the out-of-date standards. (See Kentucky Department
of Labor, Office of Occupational Safety and Health (Ex. OSHA-2007-0044-
0021); North Carolina Department of Labor, Occupational Safety and
Health Division (Ex. -0034); NIOSH (Ex. -0037)). All witnesses who
participated at the hearing testified in opposition to the proposed
good-design approach. (See Ex. OSHA-2007-0044-0059.)
In general, the commenters noted that the proposal was confusing,
(e.g., AFL-CIO (Ex. OSHA-2007-0044-0023)), that it removed a
``baseline'' level of protection from the standards, (see, e.g., ISEA
(Ex. -0025)), that the criteria defining a good-design standard were
too vague and subjective, (see, e.g., ASSE, Tr. at 84-85), and that the
proposal could result in less employee protection (see, e.g., U.S.
Safety (Ex. -0024)). In addition, the AFL-CIO asserted that OSHA could
alleviate the administrative and practical difficulties associated with
outdated national consensus standards by updating the OSHA standards
through direct-final rulemaking. (See Ex. OSHA-2007-0044-0023; Tr. 95-
96.)
OSHA believes that, for the most part, these and other criticisms
of the proposal represent a misunderstanding of the proposal or
overstate the effects of the proposed good-design requirement. For
example, numerous commenters noted that the proposed rule eliminated a
baseline level of PPE protection. (See, e.g., ISEA (Ex. OSHA-2007-0044-
0025) and ASSE (Tr. at 84-85).) These concerns appear to overlook the
provision in the proposal that required the PPE to provide protection
equivalent to or greater than PPE that was constructed in accordance
with one of the national consensus standards listed in the nonmandatory
appendices, which included national consensus standards already
incorporated into the OSHA standards. (See, e.g., proposed Sec.
1910.133(b)(2) in 72 FR 27775.)
Several commenters expressed concern that allowing employers to
select PPE that provided protection equivalent to PPE constructed in
accordance with a listed ANSI standard was subject to abuse. (See ISEA
(Tr. at 40-41); ASSE (Ex. OSHA-2007-0044-0029) and (Tr. at 79).)
Although OSHA cannot rule out the possibility that employers could
incorrectly claim that PPE constructed in accordance with a non-ANSI
design standard provides an appropriate level of protection, the Agency
notes that, in the case of the current general industry and shipyard
employment PPE provisions, employers could make the same claim. (See,
e.g., 29 CFR 1910.133(b)(2).)
Finally, a few commenters remarked that employee protection may
decrease because OSHA, at a later date, could approve, for inclusion in
the
[[Page 46352]]
nonmandatory appendices, a design standard that did not provide an
adequate level of protection. (See, e.g., ASSE (Ex. OSHA-2007-0044-
0029, and Tr. at 79).) These commenters, however, did not provide a
basis for this comment. Moreover, OSHA notes that such action would be
counter to its long-standing policy to adopt new requirements only if
they provide employees with equivalent or increased protection. In any
event, adding a design standard to the nonmandatory appendices would be
subject to notice-and-comment rulemaking.
OSHA believes that the widespread opposition to the good-design
provision indicates possible misapplication of the standard if adopted
as proposed. In addition, the widespread support for continued
incorporation of national consensus standards convinces OSHA that using
direct-final rulemaking to update references to national consensus
standards may alleviate the administrative and practical problems that
arise when OSHA standards require compliance with outdated national
consensus standards.\2\ Accordingly, OSHA is not adopting the proposed
good-design approach.
---------------------------------------------------------------------------
\2\ OSHA will use the direct-final rulemaking process to update
national consensus standards referenced in its PPE standards when it
is appropriate to do so (see, J. Lubbers, A Guide to Federal Agency
Rulemaking, at 115-119 (4th ed. 2006)).
---------------------------------------------------------------------------
Instead, OSHA revised the text of the final rules to allow
employers to meet the design requirements of its PPE standards by using
PPE constructed in accordance with any of three national consensus
standards--the two most recent national consensus standards and the
national consensus standard incorporated in the current OSHA standards.
Additionally, the final rules maintain the option employers currently
have to use PPE that is not manufactured in accordance with one of the
listed consensus standards if the employer can demonstrate that the PPE
it selects is as protective as PPE constructed in accordance with one
of the incorporated consensus standards. The final regulatory text
responds to the numerous requests that OSHA continue to incorporate,
and require compliance with, specific national consensus standards.
(See, e.g., Tr. at 44-45 and 95-97; Exs. OSHA-2007-0044-0023 and -
0048).)
2. Miscellaneous Comments
ISEA, in its written comments, recommended that OSHA amend Appendix
B to Sec. 1910, subpart I (``Selection Guidelines for Head
Protection'') to conform to the recent edition of ANSI Z89.1 (see Ex.
OSHA-2007-0044-0025). Beginning with the ANSI Z89.1-1997 standard, ANSI
updated the classification system for protective helmets. In this
edition and in the subsequent edition, ANSI classified the type and
class of protective helmets differently than it did in the current
OSHA-incorporated 1986 edition. Consequently, ANSI no longer uses the
old designations--Type 1 (hats) and Type 2 (caps). The electrical
insulation classifications of Class G (General--tested to 2200V), Class
E (Electrical--tested to 20,000V), and Class C (Conductive--no
electrical protection) replace former Classes A, B, and C,
respectively, to make the designations more user-friendly. Therefore,
the Agency is amending paragraph 9 of nonmandatory Appendix B to Sec.
1910, subpart I by adding a discussion clarifying the relationship
between the old classification system and the new classification
system.
A number of commenters and witnesses addressed matters that are
beyond the scope of this rulemaking. For example, several commenters
and witnesses recommended that OSHA require third-party certification
or independent testing of PPE. (See Tr. at 83; Exs. OSHA-2007-0044-0031
and -0037.) One commenter asked OSHA to address respirators in this
rulemaking (Ex. OSHA-2007-0044-0003). Other commenters addressed who
had responsibility for paying for PPE (Exs. OSHA-2007-0044-0004 and -
0034), an issue OSHA resolved in a previous rulemaking (see 72 FR
64342). Two commenters requested that OSHA supply free national
consensus standards to interested parties (Exs. OSHA-2007-0044-0017 and
-0020). Regarding this request, OSHA notes that copyright laws protect
national consensus standards referenced in its standards, although
copies of these national consensus standards are available for viewing
only at OSHA's Docket Office, libraries at OSHA Regional Offices, and
the U.S. National Archives and Records Administration.
Some commenters (Exs. OSHA-2007-0044-0021 and -0034) and witnesses
(Tr. at 18-19 and 51-52) questioned the Agency's decision not to
include the construction industry in this rulemaking. OSHA responded at
the hearing that it had decided not to include the construction
industry because of the size of the undertaking and OSHA's limited
resources. (Tr. at 18-19).
3. Deleting Outdated References From Ventilation and Welding Standards
OSHA did not receive any comments on its proposal to delete
paragraph (a)(5)(v)(a) in Sec. 1910.94 and paragraph (b)(2)(ii)(I) in
Sec. 1910.252,\3\ which reference, respectively, specific versions of
American National Standards Institute (ANSI) standards on foot
protection and eye- and face-protective devices.
---------------------------------------------------------------------------
\3\ The NPRM also requested public comment on (1) its assumption
that the proposed revisions would not increase compliance burdens,
and (2) whether it should replace these paragraphs with cross
references to Sec. Sec. 1910.136(b) and 1910.133(b). The Agency
received no comment on either issue.
---------------------------------------------------------------------------
Paragraph (a)(5)(v)(a) of Sec. 1910.94 requires that safety shoes
used by abrasive-blasting operators comply with ANSI Z41.1-1967, while
Sec. 1910.252(b)(2)(ii)(I) specifies that filter lenses and plates
used in protective eyewear for welding must comply with the
transmission test for radiant energy prescribed in ANSI Z87.1-1968.
These references are outdated and, therefore, OSHA is amending these
paragraphs so that they are consistent with OSHA's revisions to
Sec. Sec. 1910.133(b) and 1910.136(b).
D. Summary of the Final Rule
With this rulemaking, OSHA is updating the references to national
consensus standards in the PPE sections of its general industry,
shipyard employment, longshoring, and marine terminals rules, thereby
explicitly allowing employers to use PPE constructed in accordance with
the most recent national consensus standards. Numerous comments and
hearing testimony persuaded OSHA to leave the references to national
consensus standards in the regulatory text of the final standard. In
this regard, the Agency decided to allow employers to use any of three
editions of the national consensus standards, which consist of the
post-1986 editions they must use currently and either of the two most
recent editions of these standards. This action is consistent with the
notice provided by the NPRM (72 FR 27771).
The final regulatory text addresses 3M's written comment that, even
though 3M supports the proposal's performance-oriented approach, the
proposal's nonmandatory appendix should be mandatory (Ex. OSHA-2007-
0044-0026). Similarly, it is consistent with the recommendation made by
several trade associations that employers should be able to comply with
their obligations under the proposed rule by continuing to use PPE
constructed in accordance with ANSI
[[Page 46353]]
and ASTM standards. (See National Grain and Feed Association and Grain
Elevator and Processing Society (Ex. OSHA-2007-0044-0027); American
Bakers Association (Ex. -0028); NADA (Ex. -0047); see, also,
International Association of Drilling Contractors (Ex. -0022) (stating
that OSHA ``may wish to consider including International Standards
Organization (ISO) standards'' to the list of standards in the
nonmandatory appendices).)
In developing the final rule, the Agency had to decide whether to
allow employers to continue using the editions of the national
consensus standards currently incorporated in its PPE standards. In
this regard, several commenters and witnesses recommended that OSHA
delete references to the versions of the national consensus standards
that are currently incorporated in the OSHA standards, (see, e.g., Ex.
OSHA-2007-0044-0025; Tr. at 81). However, OSHA received testimony from
several witnesses at the hearing that the PPE designed under a previous
standard generally remains safe to use even though it may not conform
totally with the most recent standard, and that allowing employers to
use this PPE would permit them to deplete inventories before they have
to purchase new PPE (Tr. at 90 and 140-143). In addition to these
comments, OSHA proposed in the NPRM to list these editions in the
nonmandatory appendices as examples of national consensus standards
that met the proposal's good design requirement, thereby demonstrating
OSHA's confidence in the level of employee protection afforded by these
national consensus standards. The Agency also noted in the NPRM that
the rulemaking would place no economic burden on employers who may
still be using PPE constructed in accordance with the currently
incorporated editions of the national consensus standards, implying
that these employers could continue using this equipment.\4\ Therefore,
based on the witness testimony and its statements in the NPRM, OSHA is
retaining references to post-1986 editions of the national consensus
standards currently incorporated in its PPE standards.
---------------------------------------------------------------------------
\4\ In the NPRM, OSHA specifically noted that it did not believe
that employers were still using PPE constructed in accordance with
the ANSI standards that it adopted to allow employers to continue to
use PPE they purchased before a specified date, and proposed to
delete any reference to these consensus standards from the PPE
standards. OSHA received no comments indicating that employers were
using such PPE currently.
---------------------------------------------------------------------------
The regulatory text in the final standards also is consistent with
OSHA's need to alleviate the administrative and practical problems that
arise when current OSHA standards require compliance with outdated
national consensus standards and updated national consensus standards
are available that would enable employers to use PPE that meets design
requirements that would provide employees with an equivalent or
increased level of protection. Although the final rule does not
alleviate the administrative and practical problems completely, OSHA
believes that using direct-final rulemaking will reduce substantially
the burden of revising this final regulatory text to incorporate future
national consensus standards as ANSI and other standards-development
organizations develop them.
The safety shoes required by Sec. 1910.94(a)(5)(v)(a) must comply
with the updated national consensus standards referenced in Sec.
1910.136(b)(1), while the filter lenses and plates in protective
eyewear required by Sec. 1910.252(b)(2) must meet one of the tests for
radiant-energy transmission prescribed in the ANSI standards
incorporated by the updated Sec. 1910.133(b)(1).
OSHA believes these deletions of references to specific outdated
consensus standards will not increase compliance burdens, including
compliance costs, because it is unlikely that employers are using
safety shoes and eyewear manufactured in accordance with ANSI Z41.1-
1967 and ANSI Z87.1-1968, respectively. (See Tr. at 55 (ISEA
representative testifying that employers cannot purchase PPE built to
the ANSI standards that are currently incorporated in OSHA's
standards).) Instead, the Agency presumes that employers are using
safety shoes manufactured in accordance with the 1991 or 1999 editions
of ASTM F-2412-05 and ASTM F-2413-05, and eyewear that complies with
ANSI Z87.1-1989, ANSI 87.1-1989 (R-1998), or ANSI Z87.1-2003.
Regarding safety shoes, OSHA believes that shoes constructed
according to recent national consensus standards provide an appropriate
level of protection, and, moreover, that it is difficult for employers
to purchase shoes constructed in accordance with the referenced 1967
national consensus standard. Similarly, although it is feasible to
purchase protective eye wear that meets an outdated test, if the
protective eye wear meets a subsequent test that provides equivalent or
greater protection, it is unnecessarily confusing to explicitly require
conformity to an outdated test when meeting a more current test
provides the required level of protection. Accordingly, OSHA believes
that complying with related OSHA standards (i.e., Sec. Sec.
1910.133(b) and 1910.136(b)) will provide employees with the latest PPE
technology while also easing employers' compliance obligations. In the
final rule, OSHA revised the phrase ``filter lens and plates'' to
``filter lens'' to conform to the definitions in the recent ANSI
standards. The newly incorporated ANSI standards do not define
``plates,'' and the definitions of ``filter lens'' in these standards
are broad enough to encompass ``plates'' as the term was used in Sec.
1910.252(b)(2)(ii)(I) and the 1968 ANSI standard. OSHA does not
consider this revision to be substantive.
OSHA is retaining in the final rules the proposed provision
allowing employers to use PPE not manufactured in accordance with one
of the incorporated national consensus standards when the employers
meet their burden to demonstrate that the PPE they use provides
employee protection that is at least as effective as PPE constructed in
accordance with the appropriate incorporated national consensus
standard. This provision allows employers to use subsequent national
consensus standards that they can demonstrate provide the requisite
level of employee protection. Differences in this provision, compared
to similar provisions in OSHA's current PPE standards, are editorial
only, and do not alter the substantive requirements of the current
standards.
This rulemaking also deletes the paragraphs in Sec. Sec. 1910.94
and 1910.252 that reference pre-1970 ANSI standards on foot protection
and eye- and face-protective devices, respectively. Instead, employers
must comply with Sec. Sec. 1910.136(b) and 1910.133(b), which consist,
respectively, of requirements for foot protection and eye- and face-
protective devices newly updated under this rulemaking.
Finally, the Agency plans in the future to update the national
consensus standards referenced in its PPE standards as new editions
become available. Once OSHA determines that a new edition of a national
consensus standard provides protection that is equal to or greater than
the editions currently incorporated into its PPE standards, the Agency
will use appropriate rulemaking, including direct-final rulemaking, to
incorporate the new editions, and to remove outdated editions, from the
regulatory text.
[[Page 46354]]
II. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 651 et seq., is to achieve to the extent possible safe
and healthful working conditions for all employees. 29 U.S.C. 651(b).
To achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards. 29
U.S.C. 654(b), 655(b). A safety or health standard is a standard that
requires employers to maintain conditions or adopt practices that are
reasonably necessary or appropriate to provide safe or healthful
working conditions. 29 U.S.C. 652(8). A standard is reasonably
necessary or appropriate within the meaning of Section 652(8) of the
OSH Act if a significant risk of material harm exists in the workplace
and the proposed standard would substantially reduce or eliminate that
workplace risk. OSHA already determined that requirements for PPE,
including design requirements, are reasonably necessary or appropriate
within the meaning of Section 652(8). The final rule neither reduces
employee protection nor alters an employer's obligations under the
existing standard. Under the final rule, employers will be able to
continue to use the same equipment they have been using to meet their
compliance obligation under the existing standards' design-criteria
requirements. The final rule provides employers with additional options
for meeting the design-criteria requirement--options most employers
already are using. Therefore, this final rule does not alter the
substantive protection that must be provided to employees and the
compliance burdens on employers. Accordingly, OSHA need not, in this
rulemaking, determine significant risk or the extent to which the final
rule will reduce that risk, as typically required by Industrial Union
Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607
(1980).
B. Final Economic Analysis and Regulatory Flexibility Act Certification
This action is not economically significant within the context of
Executive Order 12866, or a major rule under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking imposes no additional costs on any private
or public sector entity, and does not meet any of the criteria for an
economically significant or major rule specified by the Executive Order
or relevant statutes.
This rulemaking allows employers increased flexibility in choosing
PPE for employees. However, the final rule does not require an employer
to update or replace its PPE solely as a result of this rule if the PPE
currently in use meets the existing standards. Furthermore, because the
rule imposes no costs, OSHA certifies that it would not have a
significant impact on a substantial number of small entities.
C. OMB Review Under the Paperwork Reduction Act of 1995
This rulemaking does not impose new information collection
requirements for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-30.
D. Federalism
OSHA reviewed this final rule in accordance with the Executive
Order on Federalism (Executive Order 13132, 64 FR 43255, August 10,
1999), which requires that agencies, to the extent possible, refrain
from limiting State policy options, consult with States prior to taking
any actions that would restrict State policy options, and take such
actions only when clear constitutional authority exists and the problem
is national in scope. Executive Order 13132 provides for preemption of
State law only with the expressed consent of Congress. Any such
preemption is to be limited to the extent possible.
Under Section 18 of the Occupational Safety and Health Act of 1970
(OSH Act; 29 U.S.C. 667), Congress expressly provides that States may
adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as ``State-Plan
States.'' (29 U.S.C. 667.) Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. Subject to these requirements, State-Plan States are
free to develop and enforce under State law their own requirements for
occupational safety and health standards.
While OSHA drafted this final rule to protect employees in every
State, Section 18(c)(2) of the Act permits State-Plan States and
Territories to develop and enforce their own standards for the design
of personal-protective equipment provided these requirements are at
least as effective in providing safe and healthful employment and
places of employment as the requirements specified in this final rule.
In summary, this final rule complies with Executive Order 13132. In
States without OSHA-approved State Plans, this rulemaking limits State
policy options in the same manner as other OSHA standards. In State-
Plan States, this rulemaking does not significantly limit State policy
options because, as explained in the following section, State-Plan
States do not have to adopt the final rule.
E. State-Plan States
When Federal OSHA promulgates a new standard or amends an existing
standard to be more stringent than it was previously, the 26 States or
U.S. Territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing State standard covering this area is at least as effective
as the new Federal standard or amendment. 29 CFR 1953.5(a). In this
regard, the State standard must be at least as effective as the final
Federal rule, must be applicable to both the private and public (State
and local government employees) sectors, and the States must complete
the rulemaking within six months of the publication date of the Federal
rule. When OSHA promulgates a new standard or amendment that does not
impose additional or more stringent requirements than the existing
standard, State-Plan States need not amend their standards, although
OSHA encourages them to do so. The 26 States and U.S. Territories with
OSHA-approved occupational safety and health plans are: Alaska,
Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington,
and Wyoming; Connecticut, New Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that apply only to State and local
government employees.
With regard to this final rule, it will not impose any additional
or more stringent requirements on employers compared to existing OSHA
standards. Through this rulemaking, OSHA is updating the references in
its regulations to recognize recent editions of the applicable national
consensus standards, and deleting a number of outdated editions of the
national consensus standards referenced in its existing PPE standards.
The final rule does not require employers to update or replace their
PPE solely as a result of this rulemaking if the PPE currently in
[[Page 46355]]
use meets the existing standards. Therefore, the final rule does not
require action under 29 CFR 1953.5(a), and States and U.S. Territories
with approved State Plans do not need to adopt this rule or show OSHA
why such action is unnecessary. However, to the extent these States and
Territories have the same standards as the OSHA standards affected by
this final rule, OSHA encourages them to adopt the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this final rule in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093). As discussed above in Section II.B (``Final
Economic Analysis and Regulatory Flexibility Certification'') of this
preamble, OSHA determined that this final rule imposes no additional
costs on any private- or public-sector entity. Accordingly, this final
rule requires no additional expenditures by either public or private
employers.
As noted above under Section II.E (``State-Plan States''), OSHA's
standards do not apply to State and local governments except in States
that elected voluntarily to adopt a State Plan approved by the Agency.
Consequently, this final rule does not meet the definition of a
``Federal intergovernmental mandate'' (see Section 421(5) of the UMRA
(2 U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the Agency
certifies that this final rule does not mandate that State, local, or
tribal governments adopt new, unfunded regulatory obligations, or
increase expenditures by the private sector of more than $100 million
in any year.
List of Subjects in 29 CFR Parts 1910, 1915, 1917, and 1918
Cutting and brazing, Eye and face protection, Foot protection, Head
protection, Incorporation by reference, Ventilation, and Welding.
III. Authority and Signature
Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, directed the preparation of this final rule.
OSHA is issuing this final rule pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 5
U.S.C. 553, Secretary of Labor's Order 5-2007 (72 FR 31160), and 29 CFR
part 1911.
Signed at Washington, DC, this 28th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
Amendments to Standards
0
For the reasons stated above in the preamble, the Occupational Safety
and Health Administration is amending 29 CFR parts 1910, 1915, 1917,
and 1918 as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
0
1. Revise the authority citation for subpart A of part 1910 to read as
follows:
Authority: Sections 4, 6, 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Orders 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR
9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008),
and 5-2007 (72 FR 31160), as applicable.
Sections 1910.7 and 1910.8 also issued under 29 CFR Part 1911.
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5
U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); and OMB
Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).
0
2. Amend Sec. 1910.6 as follows:
0
a. Revise paragraphs (a)(2) and (a)(4)
0
b. Revise paragraph (e) introductory text
0
c. Revise paragraphs (e)(60), (e)(61), and (e)(67) through (e)(72)
0
d. Add new paragraphs (e)(73), (74), (75), (76), and (77)
0
e. Revise paragraph (h) introductory text
0
f. Add new paragraphs (h)(20) and (h)(21)
The additions and revisions read as follows:
Sec. 1910.6 Incorporation by reference.
(a) * * *
(2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
* * * * *
(4) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of these standards at NARA, telephone: 202-741-6030, or go
to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627).
* * * * *
(e) Except as noted, copies of the standards listed below in this
paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York,
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: https://www.ansi.org.
* * * * *
(60) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: https://www.nsc.org.
(61) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: https://www.nsc.org.
* * * * *
(67) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. Sec. 1910.133(b)(1)(i) and 1910.252(b)(2)(ii)(I)(1). Copies of
ANSI Z87.1-2003 are available for purchase only from the American
Society of Safety Engineers, 1800 East Oakton Street, Des Plaines, IL
60018-2187; telephone: 847-699-2929; or from the International Safety
Equipment Association (ISEA), 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
https://www.safetyequipment.org.
(68) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for
[[Page 46356]]
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1910.133(b) (1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(69) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1910.133(b)(1)(iii). Copies of ANSI Z87.1-1989 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
(70) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR
approved for Sec. Sec. 1910.94(c)(6)(iii)(a), 1910.134(c); and
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii),
(h)(2)(iv), and (i)(4).
(71) ANSI Z89.1-2003, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1910.135(b)(1)(i). Copies of
ANSI Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
https://www.safetyequipment.org.
(72) ANSI Z89.1-1997, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1910.135(b)(1)(ii). Copies of
ANSI Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
https://www.safetyequipment.org.
(73) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1910.135(b)(1)(iii).
(74) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for
Sec. 1910.261(i)(4).
(75) ANSI Z87.1-1968 Practice of Occupational and Educational Eye
and Face Protection; IBR approved for Sec. 1910.261(a)(3)(xxv),
(d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
(76) ANSI Z89.1-1969 Safety Requirements for Industrial Head
Protection; IBR approved for Sec. 1910.261(a)(3)(xxvii), (b)(2),
(g)(15)(v), and (i)(4).
(77) ANSI Z89.2-1971 Safety Requirements for Industrial Protective
Helmets for Electrical Workers, Class B; IBR approved for Sec.
1910.268(i)(1).
* * * * *
(h) Copies of the standards listed below in this paragraph are
available for purchase from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: https://www.astm.org:
* * * * *
(20) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1910.136(b)(1)(i).
(21) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1910.136(b)(1)(i).
* * * * *
Subpart G--[Amended]
0
3. The authority citation for subpart G of part 1910 continues to read
as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29 CFR
part 1911.
0
4. Revise paragraph (a)(5)(v)(a) of Sec. 1910.94 to read as follows:
Sec. 1910.94 Ventilation.
(a) * * *
(5) * * *
(v) * * *
(a) Protective footwear must comply with the requirements specified
by 29 CFR 1910.136(b)(1).
* * * * *
Subpart I--[Amended]
0
5. Revise the authority citation for subpart I of part 1910 to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable.
Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued
under 29 CFR part 1911.
Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued
under 29 CFR part 1911 and 5 U.S.C. 553.
0
6. Revise paragraph (b) of Sec. 1910.133 to read as follows:
Sec. 1910.133 Eye and face protection.
* * * * *
(b) Criteria for protective eye and face protection. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
(i) ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1910.6;
(ii) ANSI Z87.1-1989 (R-1998), ``American National Standard
Practice for Occupational and Educational Eye and Face Protection,''
which is incorporated by reference in Sec. 1910.6; or
(iii) ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1910.6.
(2) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
* * * * *
0
7. Revise paragraph (b) of Sec. 1910.135 to read as follows:
Sec. 1910.135 Head protection.
* * * * *
(b) Criteria for head protection. (1) Head protection must comply
with any of the following consensus standards:
(i) ANSI Z89.1-2003, ``American National Standard for Industrial
Head Protection,'' which is incorporated by reference in Sec. 1910.6;
(ii) ANSI Z89.1-1997, ``American National Standard for Industrial
Head Protection,'' which is incorporated by reference in Sec. 1910.6;
or
(iii) ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,''
which is incorporated by reference in Sec. 1910.6.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
0
8. Revise paragraph (b) of Sec. 1910.136 to read as follows:
Sec. 1910.136 Foot protection.
* * * * *
(b) Criteria for protective footwear. (1) Protective footwear must
comply with any of the following consensus standards:
(i) ASTM F-2412-2005, ``Standard Test Methods for Foot
Protection,'' and ASTM F-2413-2005, ``Standard Specification for
Performance
[[Page 46357]]
Requirements for Protective Footwear,'' which are incorporated by
reference in Sec. 1910.6;
(ii) ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference
in Sec. 1910.6; or
(iii) ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference
in Sec. 1910.6.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
0
9. Add a paragraph at the end of paragraph 9 in Appendix B to subpart I
that reads as follows:
Appendix B to Subpart I to Part 1910--Non-Mandatory Compliance
Guidelines for Hazard Assessment and Personal Protective Equipment
Selection
* * * * *
9. Selection guidelines for head protection. * * *
Beginning with the ANSI Z89.1-1997 standard, ANSI updated the
classification system for protective helmets. Prior revisions used
type classifications to distinguish between caps and full brimmed
hats. Beginning in 1997, Type I designated helmets designed to
reduce the force of impact resulting from a blow only to the top of
the head, while Type II designated helmets designed to reduce the
force of impact resulting from a blow to the top or sides of the
head. Accordingly, if a hazard assessment indicates that lateral
impact to the head is foreseeable, employers must select Type II
helmets for their employees. To improve comprehension and
usefulness, the 1997 revision also redesignated the electrical-
protective classifications for helmets as follows: ``Class G--
General''; helmets designed to reduce the danger of contact with
low-voltage conductors; ``Class E--Electrical''; helmets designed to
reduce the danger of contact with conductors at higher voltage
levels; and ``Class C--Conductive''; helmets that provide no
protection against contact with electrical hazards.
* * * * *
Subpart Q--[Amended]
0
10. The authority citation for subpart Q of part 1910 continues to read
as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29 CFR
part 1911.
0
11. Revise paragraph (b)(2)(ii)(I) of Sec. 1910.252 to read as
follows:
Sec. 1910.252 General requirements.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(I) Filter lenses must meet the test for transmission of radiant
energy prescribed by any of the consensus standards listed in 29 CFR
1910.133(b)(1).
* * * * *
PART 1915--[AMENDED]
0
12. The authority citation for part 1915 continues to read as follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
as applicable; and 29 CFR part 1911.
Subpart A--[Amended]
0
13. Amend Sec. 1915.5 as follows:
0
a. Revise paragraphs (b) and (c).
0
b. Revise paragraph (d)(1) introductory text.
0
c. Revise paragraphs (d)(1)(iv) through (d)(1)(ix).
0
c. Add new paragraphs (d)(1)(x), and (d)(1)(xi).
0
d. Add new paragraph (d)(5).
The revision and additions read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(b)(1) The standards listed in paragraph (d) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
(c) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of these standards at NARA, telephone: 202-741-6030, or go
to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the standards are available for
inspection at any Regional Office of the Occupational Safety and Health
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone: 202-693-2350 (TTY number: 877-889-5627).
(d)(1) Except as noted, copies of the standards listed below in
this paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York,
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: https://www.ansi.org.
* * * * *
(iv) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: https://www.nsc.org.
(v) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: https://www.nsc.org.
(vi) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(i). Copies of ANSI Z87.1-2003 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or
from the International Safety Equipment Association (ISEA), 1901 North
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax:
703-528-2148; Web site: https://www.safetyequipment.org.
[[Page 46358]]
(vii) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1915.153(b)(1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(viii) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(iii).
(ix) ANSI Z89.1-2003, American National Standard for Industrial
Head Protection; IBR approved for Sec. 1915.155(b)(1)(i). Copies of
ANSI Z89.1-2003 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
https://www.safetyequipment.org.
(x) ANSI Z89.1-1997, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1915.155(b)(1)(ii). Copies of ANSI
Z89.1-1997 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
https://www.safetyequipment.org.
(xi) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1915.155(b)(1)(iii).
* * * * *
(5) Copies of the standards listed below in this paragraph are
available for purchase from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: https://www.astm.org:
(i) ASTM F-2412-2005, Standard Test Methods for Foot Protection;
IBR approved for Sec. 1915.156(b)(1)(i).
(ii) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(i).
Subpart I--[Amended]
0
14. Revise paragraph (b) of Sec. 1915.153 to read as follows:
Sec. 1915.153 Eye and face protection.
* * * * *
(b) Criteria for protective eye and face devices. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
(i) ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1915.5;
(ii) ANSI Z87.1-1989 (R-1998), ``American National Standard
Practice for Occupational and Educational Eye and Face Protection,''
which is incorporated by reference in Sec. 1915.5; or
(iii) ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1915.5.
(2) Eye and face protection devices that the employer demonstrates
are at least as effective as protective as eye and face protection
devices that are constructed in accordance with one of the above
consensus standards will be deemed to be in compliance with the
requirements of this section.
0
15. Revise paragraph (b) of Sec. 1915.155 to read as follows:
Sec. 1915.155 Head protection.
* * * * *
(b) Criteria for protective helmets. (1) Head protection must
comply with any of the following consensus standards:
(i) ANSI Z89.1-2003, ``American National Standard for Industrial
Head Protection,'' which is incorporated by reference in Sec. 1915.5;
(ii) ANSI Z89.1-1997, ``American National Standard for Industrial
Head Protection,'' which is incorporated by reference in Sec. 1915.5;
or
(iii) ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements,''
which is incorporated by reference in Sec. 1915.5.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
0
16. Revise paragraph (b) of Sec. 1915.156 to read as follows:
Sec. 1915.156 Foot protection.
* * * * *
(b) Criteria for protective footwear. (1) Protective footwear must
comply with any of the following consensus standards:
(i) ASTM F-2412-2005, ``Standard Test Methods for Foot
Protection,'' and ASTM F-2413-2005, ``Standard Specification for
Performance Requirements for Protective Footwear,'' which are
incorporated by reference in Sec. 1915.5;
(ii) ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference
in Sec. 1915.5; or
(iii) ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference
in Sec. 1915.5.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
PART 1917--[AMENDED]
0
17. Revise the authority citation for part 1917 to read as follows:
Authority: Section 41, Longshore and Harbor Worker's
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
as applicable; and 29 CFR part 1911.
Subpart A--[Amended]
0
18. Amend 1917.3 as follows:
0
a. Revise paragraphs (a)(2), (a)(3), and (a)(4).
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraphs (b)(4) through (b)(7).
0
d. Add new paragraphs (b)(8) through (b)(12).
0
e. Add new paragraph (c).
The revisions and additions read as follows:
Sec. 1917.3 Incorporation by reference.
(a) * * *
(2) The standards listed in paragraph (b) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(3) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
i