Updating OSHA Standards Based on National Consensus Standards; Head Protection, 37587-37600 [2012-15030]

Download as PDF Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations wreier-aviles on DSK7SPTVN1PROD with RULES member, the amount of each COFL and CSLL for each loss category and each CODL that is apportioned to the departing member under this paragraph (c)(2), the method used to determine the value of the member’s and the group’s domestic and foreign assets in each such loss category, and the value of the member’s and the group’s domestic and foreign assets in each such loss category. The common parent must also furnish a copy of the statement to the departing member. (v) Anti-abuse rule. If a corporation becomes a member and ceases to be a member, and a principal purpose of the corporation becoming and ceasing to be a member is to transfer the corporation’s OFL account, SLL account or ODL account to the group or to transfer the group’s COFL, CSLL or CODL account to the corporation, appropriate adjustments will be made to eliminate the benefit of such a transfer of accounts. Similarly, if any member acquires assets or disposes of assets (including a transfer of assets between members of the group and the departing member) with a principal purpose of affecting the apportionment of accounts under paragraph (c)(2)(i) of this section, appropriate adjustments will be made to eliminate the benefit of such acquisition or disposition. (vi) Examples. The following examples illustrate the rules of this paragraph (c): Example 1. (i) On November 6, year 1, S, a member of the P group, a consolidated group with a calendar consolidated return year, ceases to be a member of the group. On December 31, year 1, the P group has a $40 COFL account for the general category, a $20 CSLL account for the general category (that is, the loss category) with respect to the passive category (that is, the income category), and a $10 CODL account with respect to the passive category (that is, the income category). No member of the group has foreign-source income or loss in year 1. The group apportions its interest expense according to the tax book value method. (ii) On November 6, year 1, the group identifies S’s assets and the group’s assets (including S’s assets) expected to produce foreign-source general category income. Use of end-of-the-year values will not create substantial distortions in determining the relative values of S’s and the group’s relevant assets on November 6, year 1. The group determines that S’s relevant assets have a tax book value of $2,000 and a fair market value of $2,200. Also, the group’s relevant assets (including S’s assets) have a tax book value of $8,000. On November 6, year 1, S has no assets expected to produce U.S. source income. (iii) Under paragraph (c)(2)(ii) of this section, S takes a $10 COFL account for the general category ($40 × $2,000/$8,000) and a $5 CSLL account for the general category with respect to the passive category ($20 × VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 $2,000/$8,000). S does not take any portion of the CODL account. The limitation described in paragraph (c)(2)(iii) of this section does not apply because the aggregate of the COFL and CSLL accounts for the general category that are apportioned to S ($15) is less than 150% of the actual fair market value of S’s general category foreign assets ($2,200 × 150%). Example 2. (i) Assume the same facts as in Example 1, except that the fair market value of S’s general category foreign assets is $4 as of November 6, year 1. (ii) Under paragraph (c)(2)(iii) of this section, S’s COFL and CSLL accounts for the general category must be reduced by $9, which is the excess of $15 (the aggregate amount of the accounts apportioned under paragraph (c)(2)(ii) of this section) over $6 (150% of the $4 actual fair market value of S’s general category foreign assets). S thus takes a $4 COFL account for the general category ($10 ¥ ($9 × $10/$15)) and a $2 CSLL account for the general category with respect to the passive category ($5 ¥ ($9 × $5/$15)). Example 3. (i) Assume the same facts as in Example 1, except that S also has assets that are expected to produce U.S. source income. (ii) On November 6, year 1, the group identifies S’s assets and the group’s assets (including S’s assets) expected to produce U.S. source income. Use of end-of-the-year values will not create substantial distortions in determining the relative values of S’s and the group’s relevant assets on November 6, year 1. The group determines that S’s relevant assets have a tax book value of $3,000 and a fair market value of $2,500. Also, the group’s relevant assets (including S’s assets) have a tax book value of $6,000. (iii) Under paragraph (c)(2)(ii) of this section, S takes a $5 CODL account ($10 × $3,000/$6,000), in addition to the COFL and CSLL accounts determined in Example 1. The limitation described in paragraph (c)(2)(iii) of this section does not apply because the CODL account that is apportioned to S ($5) is less than 150% of the actual fair market value of S’s U.S. assets ($2,500 × 150%). (d) Predecessor and successor. A reference to a member includes, as the context may require, a reference to a predecessor or successor of the member. See § 1.1502–1(f). (e) Effective/applicability date. This section applies to consolidated return years beginning on or after January 1, 2012, for which the return is due (without extensions) after June 22, 2012. Taxpayers may choose to apply the provisions of this section to other consolidated return years beginning after December 31, 2006, including periods covered by 26 CFR 1.1502–9T (revised as of April 1, 2010). For rules relating to overall foreign losses and separate limitation losses in consolidated return years beginning on or before December 21, 2007, see 26 CFR 1.1502–9 (revised as of April 1, 2007). PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 § 1.1502–9T 37587 [Removed] Par. 20. Section 1.1502–9T is removed. ■ Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved: June 13, 2012. Emily S. McMahon, Acting Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2012–15230 Filed 6–21–12; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917, 1918, and 1926 [Docket No. OSHA–2011–0184] RIN 1218–AC65 Updating OSHA Standards Based on National Consensus Standards; Head Protection Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Direct final rule; request for comments. AGENCY: OSHA is issuing this direct final rule to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards regarding requirements for head protection. OSHA is updating the references in its standards to recognize the 2009 edition of the American National Standard for Industrial Head Protection, and is deleting the 1986 edition of that national consensus standard because it is out of date. OSHA also is including the construction industry in this rulemaking to ensure consistency among the Agency’s standards. OSHA is publishing a proposed rule in today’s Federal Register taking this same action. DATES: This direct final rule will become effective on September 20, 2012 unless OSHA receives a significant adverse comment by July 23, 2012. If OSHA receives a significant adverse comment, it will publish a timely withdrawal of the rule in the Federal Register. Submit comments to this direct final rule (including comments to the information-collection (paperwork) determination described under the section titled Procedural Determinations), hearing requests, and SUMMARY: E:\FR\FM\22JNR1.SGM 22JNR1 37588 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations other information by July 23, 2012. All submissions must bear a postmark or provide other evidence of the submission date. (The following section titled ADDRESSES describes methods available for making submissions.) The Director of the Federal Register approved the incorporation by reference of specific publications listed in this direct final rule as of September 20, 2012. Submit comments, hearing requests, and other information as follows: • Electronic. Submit comments electronically to https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. • Facsimile. OSHA allows facsimile transmission of comments and hearing requests that are 10 pages or fewer in length (including attachments). Send these documents to the OSHA Docket Office at (202) 693–1648; OSHA does not require hard copies of these documents. Instead of transmitting facsimile copies of attachments that supplement these documents (e.g., studies, journal articles), commenters must submit these attachments to the OSHA Docket Office, Technical Data Center, Room N–2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210. These attachments must clearly identify the sender’s name, date, subject, and docket number (i.e., OSHA–2011–0184) so that the Agency can attach them to the appropriate document. • Regular mail, express delivery, hand (courier) delivery, and messenger service. Submit comments and any additional material (e.g., studies, journal articles) to the OSHA Docket Office, Docket No. OSHA–2011–0184 or RIN No. 1218–AC65, Technical Data Center, Room N–2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–2350. (OSHA’s TTY number is (877) 889–5627.) Note that securityrelated procedures may result in significant delays in receiving comments and other written materials by regular mail. Please contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express delivery, hand delivery, and messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t. • Instructions. All submissions must include the Agency name and the OSHA docket number (i.e., OSHA Docket No. OSHA–2011–0184). OSHA will place wreier-aviles on DSK7SPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 comments and other material, including any personal information, in the public docket without revision, and these materials will be available online at https://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data. OSHA requests comments on all issues related to this direct final rule. It also welcomes comments on its findings that this direct final rule would have no negative economic, paperwork, or other regulatory impacts on the regulated community. This direct final rule is the companion document to a notice of proposed rulemaking published in the ‘‘Proposed Rules’’ section of today’s Federal Register. If OSHA receives no significant adverse comment on this direct final rule, it will publish a Federal Register notice confirming the effective date of this direct final rule and withdrawing the companion proposed rule. The confirmation may include minor stylistic or technical corrections to the document. For the purpose of judicial review, OSHA considers the date that it confirms the effective date of the direct final rule to be the date of issuance. However, if the Agency receives significant adverse comment on the direct final rule or proposal, OSHA will publish a timely withdrawal of this direct final rule and proceed with the proposed rule, which addresses the same revisions to its head protection standards. • Docket. The electronic docket for this direct final rule established at https://www.regulations.gov lists most of the documents in the docket. However, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are accessible at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions. FOR FURTHER INFORMATION CONTACT: General information and press inquiries: Contact Frank Meilinger, OSHA Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–1999. Technical inquiries: Contact Kenneth Stevanus, Directorate of Standards and Guidance, Room N–3609, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–2260; fax: (202) 693–1663. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. Electronic copies of this Federal Register rule are available at https:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA’s Web page at https://www.osha.gov. Availability of Incorporated Standards. With the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51, OSHA is incorporating by reference into the section the standards published by the International Safety Equipment Association (ISEA) to which §§ 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), 1918.103(b)(1), and 1926.100(b) refer. To enforce any edition other than the editions specified by §§ 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), 1918.103(b)(1), and 1926.100(b), OSHA must publish a notice of change in the Federal Register, and the material must be available to the public. All approved material is 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 OSHA Regional Office or the OSHA Docket Office (U.S. Department of Labor, 200 Constitution Ave. NW., Room N–2625, Washington, DC 20210; telephone: (202) 693–2350 (TTY number: (877) 889– 5627)). Table of Contents I. Background II. Direct Final Rulemaking III. Summary and Explanation of Revisions to the Head Protection Standards A. Updating the General Industry and Maritime Industry Standards B. Updating the Construction Industry Standard IV. 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 of 1995 G. Consultation and Coordination With Indian Tribal Governments H. Consultation With the Advisory Committee on Construction Safety and Health V. Authority and Signature E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations wreier-aviles on DSK7SPTVN1PROD with RULES I. Background Subpart I of OSHA’s general industry standards contains design requirements for head protection (see 29 CFR 1910.135). OSHA has similar requirements in subpart I of part 1915 (Shipyard Employment), subpart E of part 1917 (Marine Terminals), subpart J of part 1918 (Longshoring), and subpart E of part 1926 (Construction). The general industry and maritime rules require that the specified head protection comply with national consensus standards incorporated by reference into the OSHA standards unless the employer demonstrates that non-specified head-protection equipment is at least as effective in protecting workers as equipment that complies with the incorporated national consensus standard. (See 29 CFR 1910.135(b)(2); 1915.155(b)(2); 1917.93(b)(2); 1918.103(b)(2).) These design provisions are part of comprehensive requirements to ensure that employees use personal protective equipment that will protect them from hazards in the workplace. As discussed in a previous Federal Register notice (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 removing 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 did not propose to revise construction industry standards covering personal protective equipment. The Agency received approximately 25 comments on the NPRM. On December 4, 2007, OSHA held an informal public hearing and received testimony from nine witnesses. Several of the 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 decided not to include the construction industry because of the size of the undertaking and OSHA’s VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 limited resources (Tr. at 18–19; see, also, 74 FR 46352). On September 9, 2009, OSHA published the final rule (74 FR 46350), which became effective October 9, 2009. However, OSHA did not include in the final rule a reference to the 2009 edition of the American National Standards Institute (ANSI) standard for industrial head protection (ANSI Z89.1) because this edition was not available to OSHA prior to the date (February 8, 2008) the administrative law judge who presided over the hearing closed the rulemaking record. This direct final rule will update the references in 29 CFR 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) to recognize the 2009 edition of ANSI Z89.1, which is the most recent version of that standard. These revisions will allow use of helmets that comply with the three most recent editions of the consensus standard. In addition, this direct final rule will remove the current references to ANSI Z89.1–1969 and ANSI Z89.2–1971 in 29 CFR 1926.100(b) and (c), and replace these outdated head protection references with the same three editions of ANSI Z89.1 referenced in the general industry and maritime industry standards. This action addresses the comments received during the initial rulemaking cited above, and will ensure consistency in the Agency’s standards. By making the requirements of OSHA’s head protection standards consistent with the Agency’s other standards and with current industry practices, the direct final rule will eliminate confusion and clarify employer obligations, while providing up-to-date protection for workers exposed to falling objects. II. Direct Final Rulemaking In a direct-final rulemaking, an agency publishes a direct final rule in the Federal Register along with a statement that the rule will become effective unless the agency receives significant adverse comment within a specified period. The agency also publishes concurrently with the direct final rule an identical proposed rule. If the agency receives no significant adverse comment, the direct final rule becomes effective. If, however, the agency receives significant adverse comment, the agency withdraws the direct final rule and treats the comments as submissions on the proposed rule. OSHA uses direct final rules because it expects the rulemaking to be noncontroversial; provide protection to employees that is at least equivalent to the protection afforded to them by the PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 37589 outdated standard development organization standard; and impose no significant new compliance costs on employers (69 FR 68283, 68285). OSHA used direct final rules previously to update or, when appropriate, revoke references to outdated national consensus standards in OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, 71 FR 80843, and 76 FR 75782). For purposes of the direct final rule, a significant adverse comment is one that explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach. In determining whether a comment necessitates withdrawal of the direct final rule, OSHA will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and-comment process. OSHA will not consider a comment recommending additional revisions to a rule to be a significant adverse comment unless the comment states why the direct final rule would be ineffective without the revisions. If OSHA receives a timely significant adverse comment, the Agency will publish a Federal Register notice withdrawing the direct final rule no later than 60 days after the publication date of the notice. This direct-final rulemaking furthers the objectives of Executive Order 13563, which requires that the regulatory process ‘‘promote predictability and reduce uncertainty’’ and ‘‘identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends.’’ As described below in this Federal Register notice, the revisions will make the requirements of OSHA’s Head Protection standards consistent with current industry practices, thereby eliminating confusion and clarifying employer obligations. OSHA believes that these revisions do not compromise the safety of employees, but will enhance employee protection. Therefore, the Agency believes that updating and replacing the national consensus standards in its head protection standards is consistent with, and promotes the objectives of, Executive Order 13563. III. Summary and Explanation of Revisions to the Head Protection Standards A. Updating the General Industry and Maritime Industry Standards OSHA published the previous revision of the general industry and maritime head protection standards on September 9, 2009 (74 FR 46350), which became effective October 9, 2009. These revised standards permit compliance E:\FR\FM\22JNR1.SGM 22JNR1 37590 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations with ANSI Z89.1–2003, ANSI Z89.1– 1997, or ANSI Z89.1–1986. Since OSHA published the previous revision, ANSI Z89.1–2009 has become available. This rulemaking will update the references in 29 CFR 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) to recognize the 2009 edition of ANSI Z89.1. To determine the differences between the 2009 and 2003 editions of ANSI Z89.1, the Agency prepared a side-byside comparison of the two editions; Table 1 provides the results of this comparison. As this table shows, the differences between these two editions of the consensus standard are the provisions in the 2009 edition permitting optional testing for helmets worn in the backwards position (‘‘reverse wearing’’), optional testing for helmets at colder temperatures than provided in previous editions, and optional testing for the high-visibility coloring of helmets. If manufacturers choose to evaluate their helmets using any of these three testing options, and the helmets pass the specified tests, then the manufacturer may mark the helmets accordingly. Section 7.3.1 of ANSI Z89.1–2009 adds the reversewearing testing option; various other sections include instructions regarding, or references to, the reverse-wearing testing option. Section 7.3.2 of the consensus standard adds the highvisibility testing option, and Table 1 of the consensus standard provides information about color measurements; various other sections of the consensus standard include instructions regarding, or references to, optional high-visibility testing. Section 8.4.1.2.1 of the consensus standard describes the preconditioning necessary to conduct helmet testing at lower temperatures than specified in previous editions of the consensus standard, and various other sections of the consensus standard contain additional information about such testing. TABLE 1—DIFFERENCES BETWEEN ANSI Z89.1–2003 AND ANSI Z89.1–2009 1 Section No. in ANSI Z–89.1–2009 Description of differences 3 ........................ 4 ........................ 4.3 ..................... 6.1 ..................... 6.2 ..................... 7.3.1 .................. 7.3.2 .................. Table 1 ............. 8.1.2 .................. 8.1.3 .................. 8.2.1 .................. 8.3.1 .................. 8.4.1.2.1 ............ 9.2.2 .................. 9.2.3 .................. 9.3.2 .................. 9.4.2 .................. 9.4.2.1 ............... 9.5.3 .................. 9.8 ..................... 10 ...................... wreier-aviles on DSK7SPTVN1PROD with RULES Table 3—Schedule of Tests. Appendices ....... Appendix A ....... Adds definitions of ‘‘manufacturer’’ and ‘‘test plaque.’’ Removes definitions of ‘‘cap’’ and ‘‘hat.’’ Adds a requirement that manufacturers mark helmets that meet the reverse-wearing requirements with a reverse-wearing mark. Adds a new, optional section, ‘‘Reverse Wearing,’’ that explains that reverse- wearing helmets must pass all testing requirements whether worn facing frontwards or backwards. Adds a requirement that manufacturer’s instructions for helmets include instructions for reverse wearing if applicable. Adds instructions for marking helmets tested for reverse-donning, lower-temperature, and high-visibility capabilities. Adds new, optional section, ‘‘Reverse Wearing,’’ that permits marking helmets with the reverse-wearing symbol if those helmets pass specified tests when mounted in the reverse-wearing position. Adds new, optional section, ‘‘High-Visibility,’’ that permits marking helmets ‘‘HV’’ if those helmets have chromaticity and a total luminance factor at specified levels. Adds new table, ‘‘Color, High-Visibility Helmets,’’ specifying the levels of referenced by 7.3.2. In this section, which addresses what headform size to use in testing, adds a provision that requires the testing facility to decide the most suitable size if the manufacturer does not do so. Adds a requirement that the testing facility establish a separate dynamic test line (DTL) for samples tested in the reversewearing position. Adds a requirement that the testing facility use a minimum of 36 test samples in compliance testing for helmets marked for reverse wearing. Adds instructions for positioning reverse-wearing samples for DTL marking. Adds new section, ‘‘Lower Temperatures,’’ that describes an optional procedure for preconditioning helmet samples at cold temperatures prior to testing. Removes ‘‘vertical guard rail’’ from the list of components that comprise the test apparatus used in force-transmission testing. For mounting samples for force-transmission testing, adds an instruction that the sample shall be ‘‘oriented in the normal wearing position.’’ Also adds instructions for mounting samples in the reverse-wearing position in preparation for forcetransmission testing. Removes ‘‘vertical guard rail’’ from the list of components that comprise the test apparatus used in apex-penetration testing. Removes ‘‘vertical guard rail’’ from the list of components that comprise the test apparatus used in impact-energy attenuation testing. For mounting samples for impact-energy attenuation testing, adds an instruction that ‘‘[t]he test sample shall be mounted in its normal wearing position on the headform with the STL parallel to the basic plane of the headform.’’ Adds instructions for mounting samples in the reverse-wearing position in preparation for impact-energy attenuation testing. For mounting samples before off-center penetration testing, adds an instruction that the sample shall be ‘‘oriented in the normal wearing position.’’ Adds instructions for mounting samples in the reverse-wearing position in preparation for off-center penetration testing. Adds a new section, ‘‘High-Visibility Testing,’’ that explains how to prepare a test sample for high-visibility testing, and how to measure the color of that sample. Moves the section ‘‘Normative References,’’ which appeared in ANSI Z89.1–2003 as Appendix E, to the main text. Adds ‘‘ASTM E1164–02 Colorimetry—Standard Practice for Obtaining Spectrophotometric Data for Object-Color Evaluation’’ to the list of referenced standards. Revises Table 2 of ANSI Z89.1–2003 by: Replacing various entries labeled ‘‘Cold’’ with ‘‘Cold or Lower Temperature’’; for samples tested in the reverse-wearing position, adding entries force-transmission, impact-energy attenuation, and off-center penetration testing; and adding to the second, narrative page information about testing in the reverse-wearing position for Type I and Type II helmets. Adds the title ‘‘Appendices’’ and a notation that ‘‘[t]he following appendices [are] not part of American National Standard ANSI/ISEA Z89.1–2009, but are included for information only.’’ Adds a statement to paragraph A7 that ‘‘[h]elmet decorations should not be used to obscure dents, cracks, non-manufactured holes, other penetrations, burns or other damages.’’ 1 This table provides only a summary of the differences between these two standards, and may not describe completely all of the differences between the standards or the content of any provision of the standards. Consult the published versions of the standards for an accurate determination of the differences between the standards. VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations As shown in the comparison provided in Table 1, ANSI Z89.1–2009 also includes other differences from ANSI Z89.1–2003. These differences include: (1) Removing the definitions of ‘‘cap’’ and ‘‘hat’’ from the 2003 edition and inserting definitions of ‘‘manufacturer’’ and ‘‘test plaque’’ in the 2009 edition; (2) permitting the testing facility to determine an appropriate size of the headform if the manufacturer did not specify the size; (3) requiring orientation of test samples in the normal wearing position when conducting various test procedures; and (4) removing vertical guard rails from the lists of necessary components for specified test equipment. OSHA believes that it is consistent with the usual and customary practice of employers in the general and maritime industries to require use of head protection that complies with the 1997, 2003, or 2009 editions of ANSI Z89.1. Therefore, the Agency determined that incorporating ANSI Z89.1–2009 into 29 CFR 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) will not add a compliance burden for employers. OSHA invites the public to comment on whether the revisions in the 2009 edition of the consensus standard represent current industry practice. B. Updating the Construction Industry Standard The 2009 revision to the general industry and maritime industry personal protective equipment standards did not address the construction standards requiring personal protective equipment. Therefore, the construction standards at 29 CFR 1926.100(b) and (c) still require compliance with ANSI Z89.1–1969 and ANSI Z89.2–1971, respectively. These consensus standards, which set forth requirements regarding different types of helmets now both addressed in Z89.1, are out of date.1 In view of the limited useful life of protective helmets and the length of time (over 40 years) since OSHA last updated these standards, the Agency believes that no protective helmets currently are available or in use that manufacturers tested in accordance with the requirements of ANSI Z89.1–1969 and ANSI Z89.2–1971. To bring the construction standard up to date and to ensure consistency across OSHA standards, OSHA is amending 29 CFR 1926.6 and 1926.100 to permit compliance with ANSI Z89.1–1997, ANSI Z89.1–2003, or ANSI Z89.1–2009. In reviewing ANSI Z89.1–2009, the Agency prepared side-by-side comparisons of the 2009 edition of ANSI Z89.1 with the 1969 edition of ANSI Z89.1 and the 1971 edition of ANSI Z89.2; Table 2 provides the results of these comparisons. Z89.1–1969 addresses protective helmets of all types, except those helmets that protect employees from high-voltage electric shock and burns. ANSI Z89.2–1971 addresses protective helmets that protect employees from high-voltage electric shock and burns. ANSI subsequently combined the testing requirements of these standards in the 37591 1997, 2003, and 2009 editions of ANSI Z89.1; therefore, these editions of ANSI Z89.1 address all types of helmets, including helmets that protect employees from falling object and electrical hazards. As Table 2 demonstrates, the 2009 edition of the ANSI Z89.1 differs from ANSI Z89.1–1969 and ANSI Z89.2– 1971. The 2009 edition defines Type I and Type II helmets by the areas of the head to which the helmets afford protection, rather than by whether the helmets have a brim. The 2009 edition also renames the classes of helmets tested for protection against electrical hazards (i.e., classes G, E, and C instead of A, B, and C), although it still bases helmet classification on the capacity of the helmet to protect employees from electrical hazards. In addition, the 2009 edition eliminates a fourth class of helmets used in fire fighting. Many requirements included in the 1969 and 1971 editions, such as requirements specifying the type of material manufacturers must use when making different components and specifications regarding helmet accessories, no longer appear in the 2009 edition. Most importantly, ANSI revised the performance requirements and test methods. Accordingly, the 2009 edition includes fundamental updates such as more and different types of test methods, and the use of different equipment for performing these test methods. Other variations between the 2009 and 1969 and 1971 editions emanate from these fundamental updates. TABLE 2—DIFFERENCES BETWEEN ANSI Z89.1–2009 AND ANSI Z89.1–1969 AND ANSI Z89.2–1971 1 ANSI Z–89.1–2009 ANSI Z89.1–1969 1.1 Scope—Explains that the standard describes Types and Classes, as well as testing and performance requirements for protective helmets. wreier-aviles on DSK7SPTVN1PROD with RULES 1.2 Purpose—Explains that the standard establishes minimum performance requirements for protective helmets that reduce the forces of impact and penetration, and that may provide protection from electric shock. 1.3 Limitations—Explains the limitations of protective helmets that meet the requirements of the standard in preventing injuries. 1 As noted earlier in Section I (‘‘Background’’) in this Federal Register notice, OSHA did not include VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 ANSI Z89.2–1971 Scope—Explains that the standard establishes specifications for helmets that protect the heads of occupational workers from impact and penetration from falling and flying objects, and from limited electric shock and burn, but does not include high-voltage protective helmets. No purpose section. 1.1 Scope—Explains that the standard establishes specifications for helmets to protect the heads of electrical workers from impact and penetration from falling or flying objects, and from high-voltage electric shock and burn. 1 No limitations section. the construction industry in the previous rulemaking that updated the head-protection PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 1.2 Purpose—Explains that the standard contains general, detailed, and physical requirements for the procurement of helmets that afford optimum protection for electrical workers, and includes supplemental safety requirements recommended for authorities considering establishing regulations or codes concerning the use of protective helmets for electrical workers. No limitations section. standards because of the size of the undertaking and OSHA’s limited resources. E:\FR\FM\22JNR1.SGM 22JNR1 37592 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations TABLE 2—DIFFERENCES BETWEEN ANSI Z89.1–2009 AND ANSI Z89.1–1969 AND ANSI Z89.2–1971 1—Continued ANSI Z–89.1–2009 ANSI Z89.1–1969 2 Compliance—Provides that ‘‘[a]ny statement(s) of compliance with this standard shall mean that the product meets all applicable requirements for the Type and Class. It is specifically intended that partial utilization of this standard is prohibited.’’ 3 Definitions—Does not define ‘‘sweatband’’ or ‘‘winter liner.’’ Modifies slightly the definitions of ‘‘brim,’’ ‘‘crown strap,’’ and ‘‘headband.’’ Modifies the definitions of ‘‘chin straps,’’ ‘‘helmet,’’ ‘‘nape strap,’’ ‘‘peak,’’ ‘‘shell,’’ and ‘‘suspension.’’ Adds definitions of ‘‘accessory,’’ ‘‘apex,’’ ‘‘basic plane,’’ ‘‘dynamic test line (DTL),’’ ‘‘flammability,’’ ‘‘harness,’’ ‘‘manufacturer,’’ ‘‘midsagittal plane,’’ ‘‘positioning index,’’ ‘‘projection,’’ ‘‘protective padding,’’ ‘‘reference plane,’’ ‘‘reference headform,’’ ‘‘shall,’’ ‘‘should,’’ ‘‘static test line (STL),’’ ‘‘test line,’’ and ‘‘test plaque.’’ Removes definitions of ‘‘sweatband’’ and ‘‘winter liner.’’ 4 Types and Classes—Classifies helmets as either as Type I or Type II, and either as meeting the Class G, E, or C electrical requirements. Also notes that manufacturers must mark helmets meeting the reversewearing requirements accordingly. 4.1 Defines Type 1—helmets as helmets ‘‘intended to reduce the force of impact resulting from a blow only to the top of the head,’’ and Type 2 helmets as helmets ‘‘intended to reduce the force of impact resulting from a blow to the top or sides of the head.’’ 4.2 Defines Class G (General) helmets as helmets ‘‘intended to reduce the danger of contact with low voltage conductors,’’ Class E (Electrical) helmets as helmets ‘‘intended to reduce the danger of contact with higher voltage conductors,’’ and Class C (Conductive) helmets as helmets ‘‘not intended to provide protection against contact with electrical hazards.’’ 4.3 Reverse Wearing—Helmets manufactured for reverse wearing must pass all optional testing requirements whether worn facing forward or backwards in accordance with the manufacturers’ instructions. No materials section. ANSI Z89.2–1971 No compliance section. No compliance section. 2 Definitions—Provides definitions for ‘‘brim,’’ ‘‘chin strap,’’ ‘‘crown straps,’’ ‘‘headband,’’ ‘‘helmet,’’ ‘‘nape strap,’’ ‘‘peak,’’ ‘‘shell,’’ ‘‘suspension,’’ ‘‘sweatband,’’ and ‘‘winter liner.’’ 2 Definitions—Same Z89.1–1969. 3 Types and Classes—Lists the following types and classes: Type 1—Helmet, full brim, Type 2—Helmet, brimless, with peak, Class A—Limited voltage protection, Class C—No voltage protection, and Class D— Limited voltage protection, Fire Fighters’ Service, Type 1, only. No provisions comparable to 4.1 and 4.2 of ANSI Z89.1–2009. 3 Types and Classes—Lists the following types and class: Type 1—Helmet, full brim, Type 2—Helmet, brimless with peak, and Class B—High-voltage protection. No provisions comparable to 4.1 and 4.2 of ANSI Z89.1–2009. No reverse wearing option. 4 wreier-aviles on DSK7SPTVN1PROD with RULES No general requirements section. 5 VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 ANSI No materials section. No recommended supplemental requirements section. Accessories—Provides that ‘‘[a]ccessories installed by the manufacturer shall not cause the helmet to fail the requirements of this standard.’’ as No reverse wearing option. Materials—Provides general specifications regarding materials used in helmets, such materials that are water resistant, slow burning, non-irritating to normal skin, and, for Class D helmets, fire resistant. No recommended supplemental requirements section. 5 definitions General Requirements—Sets forth requirements regarding pieces of protective helmets, including its shell (5.1), headband (5.2), sweatband (5.2.1), and crown straps (5.3). 5.4 Accessories—Sets forth requirements regarding specific helmet accessories: chin strap and nape strap (5.4.1.), winter liners (5.4.2), face shields and welding helmets (5.4.3), and lamp brackets (5.4.4). PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 4 Recommended Supplemental Requirements—Describes requirements recommended for authorities considering establishing regulations or codes concerning the use of protective helmets for electrical workers, including when helmets are necessary, what minimum requirements they should meet, etc. 5 General Requirements—Sets forth requirements regarding pieces of protective helmets, including its shell (5.2), headband (5.3), sweatband (5.3.1), and crown straps (5.4). 5.5 Accessories—Sets forth requirements regarding specific helmet accessories: chin strap and nape strap (5.5.1), winter liners (5.5.2), and face shields (5.5.3). E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations 37593 TABLE 2—DIFFERENCES BETWEEN ANSI Z89.1–2009 AND ANSI Z89.1–1969 AND ANSI Z89.2–1971 1—Continued ANSI Z–89.1–2009 ANSI Z89.1–1969 ANSI Z89.2–1971 6.1 Instructions—Requires instructions ‘‘explaining the proper method of size adjustment, use, care, useful service life guidelines and, if applicable, reverse wearing.’’ 6.2 Marking—Requires that manufacturers permanently mark helmets with the name of the manufacturer, the date of manufacture, ‘‘ANSI/ISEA Z89.1,’’ the Type and Class designations and any applicable optional marking criteria, and the approximate headsize range. Specifies the minimum size of the markings. No separate, detailed requirements section. 5.5 Instructions—Provides that ‘‘[e]ach helmet shall be accompanied by instructions explaining the proper method of adjusting the suspension and headband.’’ 5.6 Marking—Requires that manufacturers mark helmets with the name of the manufacturer, ‘‘ANSI Z89.1–1969,’’ and the Class. Specifies the minimum size of the markings. 5.6 Instructions—Provides only that ‘‘[e]ach helmet shall be accompanied by instructions explaining the proper method of adjusting the suspension and headband.’’ 5.7 Marking—Requires only that helmets be marked with the name of the manufacturer, ‘‘ANSI Z89.2–1971,’’ and ‘‘Class B.’’ Specifies the minimum size of the markings. 6 Detailed Requirements—Provides additional, specific requirements regarding the helmet’s shell (6.1), headband (6.2), sweatband (6.2.1), and crown straps (6.3). 7 Physical Requirements—Sets forth test results required when testing facilities test Class A, Class C, and Class D helmets, as applicable, for insulation resistance (not applicable to Class C helmets) (7.1), impact resistance (7.2), penetration resistance (7.3), weight (7.4), flammability (7.5), and water absorption (7.6). 6 8 Methods of Test 8.1 Preparation of Samples—Requires that, for insulation resistance and water absorption tests, the testing facility remove any coating over the sample helmets. Provides temperatures and, in cases of disagreement, humidity levels at which testing must occur. Methods of Test 8.1 Preparation of Samples—Requires that, for insulation resistance and water absorption tests, the testing facility remove any coating over the sample helmets. Provides temperatures and, in cases of disagreement, humidity levels at which testing must occur. Performance Requirements—Sets forth test results required when testing facilities test Type I and Type II helmets for flammability (7.1.1), force transmission (7.1.2), apex penetration (7.1.3), and electrical insulation properties for Class G (7.1.4.1) and Class E (7.1.4.2) ratings. Additional testing for Type II helmets for impact-energy attenuation (7.2.1), off-center penetration (7.2.2), and chin-strap retention (7.2.3). Requirements for optional testing of reverse-wearing helmets (7.3.1) and high-visibility helmets (7.3.2). 8 Selection and Preparation of Test Samples 8.1 Headforms—Provides instructions regarding the materials and size of headforms the testing facility is to use in each type of test; explains that reference test lines are necessary; and notes that various attached figures show the manner in which testing facilities are to mount headforms in preparation for each type of test. 8.2 Test Samples—Explains how many samples are necessary for testing, refers to Table 3 for the order of testing, and provides temperatures and, in cases of disagreements, humidity levels at which testing must occur. 8.3 Test Sample Markings—Requires the testing facility to mark test samples to indicate the location of reference test lines, and describes procedures for marking the dynamic test line (DTL) and static test line (STL). 8.4 Helmet Preconditioning—Describes procedures for preconditioning test samples in hot, cold, optional lower temperatures, and wet conditions; this section also provides time limits after preconditioning for the test facility to conduct impact, penetration, and chinstrap retention tests. wreier-aviles on DSK7SPTVN1PROD with RULES 7 VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Detailed Requirements—Provides additional, specific requirements regarding the helmet’s shell (6.1), headband (6.2), sweatband (6.2.1), and crown straps (6.3). 7 Physical Requirements—Sets forth test results required when testing facilities test Class B helmets for insulation resistance (7.1), impact resistance (7.2), penetration resistance (7.3), weight (7.4), flammability (7.5), and water absorption (7.6). E:\FR\FM\22JNR1.SGM 22JNR1 37594 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations TABLE 2—DIFFERENCES BETWEEN ANSI Z89.1–2009 AND ANSI Z89.1–1969 AND ANSI Z89.2–1971 1—Continued ANSI Z–89.1–2009 ANSI Z89.1–1969 8 Table 1—Color, High-Visibility Helmets—Provides information about chromaticity and minimum total luminance factors. Table 2—Sizing Chart—Provides sizing guidance for 17 head-band sizes ranging from 61⁄2 to 81⁄2 inches. No comparable tables. wreier-aviles on DSK7SPTVN1PROD with RULES 9 Test Methods 9.1 Flammability—For flammability testing, describes the method for preparing (marking) test samples, components of the test apparatus, calibration, test procedures, and recording results. 9.2 Force Transmission—For force-transmission testing, describes the test method for preparing (conditioning) test samples, components of the test apparatus, mounting samples, calibration, test procedures, and recording results. 9.3 Apex Penetration—Describes the test method for preparing (conditioning) test samples, components of the test apparatus, mounting samples, calibration, test procedures, and recording results. 9.4 Impact Energy Attenuation—Describes methods for preparing (marking and conditioning) test samples, components of the test apparatus, methods for mounting samples, the impact anvil, the test headform, the accelerometer, calibration, test procedures, and recording results. 9.5 Off Center Penetration—Describes methods for preparing (marking and conditioning) test samples, components of the test apparatus, methods for mounting samples, calibration, test procedures, and recording results. 9.6 Chin Strap Retention (Type II only)—Describes methods for preparing (conditioning) test samples, components of the test apparatus, calibration, test procedures, and recording results. 9.7 Electrical Insulation—Describes methods for preparing test samples (for Class E only, force-transmission test, one conditioned hot and one conditioned cold), components of the test apparatus, calibration, test procedures (separately for Class G and Class E helmets), and recording results. 9.8 High-Visibility Testing—Describes procedures for sampling and conditioning test plaques, and determining color. 10 Normative References—Provides complete citations for standards on colorimetry, headforms, and instrumentation referenced in ANSI Z89.1–2009. ANSI Z89.2–1971 No comparable table. Table 3—Schedule of Tests—Lists for each combination of test method and type of preconditioning, the minimum number of samples, test sample numbers, and test sequence for each helmet type and class. Also provides additional instructions regarding testing each type and class of helmet. Figure 1—Diagram of the ISO headform, with dimensions for sizes E, J, and M of the headform. VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 Methods of Test—See Section 8.5 (‘‘Flammability’’) below. 8.2 Insulation Resistance Test—Describes components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.3 Impact Resistance Tests—Describes components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.4 Penetration Resistance—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.5 Flammability—Describes the test method to determine conformance with 7.5 (using ASTM D635–68), preparing specimens, mounting specimens, test procedure, and reporting results. 8.6 Water Absorption—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8 See Section 8.2 Test’’) above. See Section 8.2 Test’’) above. (‘‘Insulation Resistance No section on reference standards. No comparable table. Methods of Test—See Section 8.5 (‘‘Flammability Test’’) below. 8.2 Insulation Resistance Test—Describes components of the test apparatus, mounting of specimens, test procedures, and reporting results. 8.3 Impact Resistance Tests—Describes components of the test apparatus, mounting specimens, test procedures for the impactabsorption test and mechanical-proof test, and reporting results. 8.4 Penetration Resistance Test—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.5 Flammability Test—Describes the test method to determine conformance with 7.5 (using ANSI K.65.21–1969/ASTM D 635– 1969, and provides instructions for reporting results. 8.6 Water Absorption Test—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. (‘‘Insulation Resistance 9 Revision of American National Standards Referred to in This Document—Notes that recently published ANSI standards supersede the ANSI standards on flammability testing, and eye and face protection, referenced in ANSI Z89.2–1971. No comparable table. Table 1—Transmitted Forces in Pounds—Provides force values based on Brinell hardness numbers and the diameter of the impression. No comparable table. Table 1—Comparative Hat and Cap Sizes— Provides sizing guidance for 13 head-band sizes ranging from 61⁄2 to 8 inches. Table 2 Transmitted Forces in Pounds—Provides force values based on Brinell hardness numbers and the diameter of the impression. No comparable table. No comparable figure. No comparable figure. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations 37595 TABLE 2—DIFFERENCES BETWEEN ANSI Z89.1–2009 AND ANSI Z89.1–1969 AND ANSI Z89.2–1971 1—Continued ANSI Z–89.1–2009 ANSI Z89.1–1969 No comparable figure. Figure 2—Diagram of the proper location of the Dynamic Test Line. No comparable photograph. wreier-aviles on DSK7SPTVN1PROD with RULES Figure 3—Diagram of the headform used for force-transmission testing. Figure 4—Diagram of a typical impact-energy attenuation headform fixture. Figure 5—Diagram of a typical penetration headform fixture. Figure 6—Diagram of a chin-strap-retention test apparatus. Figure 7—Diagram of a typical force-transmission test apparatus. Figure 8—Diagram of a typical penetration test apparatus. Figure 9—Diagram of a typical penetrator. Figure 10—Diagram of a typical impact-energy attenuation test apparatus. Figure 11—Diagram of the proper location of the Static Test Line. Figure 12—Diagram of a flammability test apparatus. Appendix A—Recommendations, Cautions, Use, and Care—Provides guidance regarding instructions and warnings on helmets, fitting, cleaning, painting, and inspecting helmets, limitations of helmet protection (i.e., conditions that may reduce the protection afforded by helmets), precautions to use when handling helmets, and safe conditions (i.e., that impact, penetration, and electrical-insulation testing does not indicate safe impact- and voltage-exposure levels for industrial workers). Appendix B—Electrical Insulation Testing—Describes equipment guidelines and precautions for high-voltage test equipment. Appendix C—Force Transmission Testing— Provides design and performance specifications for equipment used in force-transmission testing, calibration procedures for this test equipment (including force-measuring systems and velocity-measuring systems), and a procedure for determining the repeatability value of the impactor (and specifications for acceptable values). Appendix D—Impact Energy Attenuation Testing—Provides design and performance specifications for equipment used in impact-energy attenuation testing. Appendix E—Test Equipment Sources—Provides a list of sources for suitable test equipment. ANSI Z89.2–1971 Figure 1—Schematic of a Brinell Hardness Penetrator Assembly. No comparable figure.2 Figure 1—Schematic of a Brinell Hardness Penetrator Assembly. No comparable figure.2 Figure 2—Photograph of a suggested apparatus for the measurement of crown clearance. No comparable figure. Figure 2—Photograph of a suggested apparatus for the measurement of crown clearance. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure. No comparable figure.3 No comparable figure.3 No comparable figure. No comparable figure. Appendix A1—Recommendations Concerning Equipment—Provides guidance regarding tying laces, painting and cleaning shells, periodic inspection of shells and helmet components for damage and wear (including removal from service when necessary), limitations of helmet protection (i.e., conditions that may reduce the protection afforded by helmets), sizes (i.e., the provision of extra-small and extra-large helmet sizes by manufacturers), and precautions to use when handling helmets. No comparable appendix. Appendix—Recommendations and Precautions Concerning Helmet Use and Maintenance—Provides guidance regarding tying laces, cleaning shells, periodic inspection of shells and helmet components for damage and wear (including removal from service when necessary), limitations of helmet protection (i.e., conditions that may reduce the protection afforded by helmets), sizes (i.e., the provision of extra-small and extra-large helmet sizes by manufacturers), precautions to use when handling helmets, safe voltages (i.e., that the ‘‘mechanical proof test’’ and ‘‘minimum breakdown voltage test’’ do not indicate safe voltage levels for using insulating safety headgear), and inspection (i.e., use of periodic visual inspections and electrical tests to detect conditions of helmets that may impair their dielectric strength). No comparable appendix. No comparable appendix. No comparable appendix. No comparable appendix. No comparable appendix. No comparable appendix. No comparable appendix. 1 This table provides only a summary of the differences among these three standards, and may not describe completely all of the differences among the standards or the content of any provision of the standards. Consult the published versions of the standards for an accurate determination of the differences among the standards. 2 No provision of the standard addresses the Dynamic Test Line. 3 No provision of the standard addresses the Static Test Line. VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1 wreier-aviles on DSK7SPTVN1PROD with RULES 37596 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations OSHA believes that it is consistent with the usual and customary practice of employers in the construction industry to require use of head protection that complies with ANSI Z89.1–2009, ANSI Z89.1–2003, or ANSI Z89.1–1997. OSHA further believes that the provisions of ANSI Z89.1–1969 and ANSI Z89.2–1971 are outdated, and employers in the industry are not using head protection that complies with the testing requirements of these outdated standards. Accordingly, the Agency determined that incorporating these editions of ANSI Z89.1 consensus standards for head protection into 29 CFR 1926.100(b) does not add a compliance burden for employers. OSHA invites the public to comment on whether use of head protection compliant with ANSI Z89.1–2009, ANSI Z89.1–2003, or ANSI Z89.1–1997 represents current industry practice. Paragraph (b)(2) of this direct final rule for head protection in construction (see § 1926.100 (Head protection) below) addresses the requirement for the employer to ensure that the head protection provided for each employee exposed to high-voltage electric shock and burns also meets the specifications contained in Section 9.7 (‘‘Electrical Insulation’’) of any of the consensus standards identified in paragraph (b)(1) of this section. This requirement updates paragraph (c) of existing § 1926.100, which references outdated ANSI Z89.2–1971 (‘‘Safety Requirements for Industrial Protective Helmets for Electrical Workers, Class B’’). ANSI subsequently discontinued this separate consensus standard and included its provisions in ANSI Z89.1 beginning with the 1981 edition of ANSI Z89.1. OSHA is including paragraph (b)(2) in this direct final rule to emphasize that employers must ensure that each employee exposed to the hazards of high-voltage electric shock and burns wears head protection that complies with the electrical-insulation testing requirements specified in Section 9.7 of the 1997, 2003, or 2009 editions of ANZI Z89.1, in addition to the requirements in those consensus standards that test helmets for protection against falling-object hazards under various conditions. In addition to updating the references to ANSI Z89.1, OSHA is adding a provision to the construction standard that permits an employer to use head protection that is not manufactured in accordance with one of the incorporated ANSI Z89.1 consensus standards if the employer can demonstrate that the head protection it selects protects employees at least as effectively as head protection tested and constructed in accordance VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 with one of the incorporated ANSI Z89.1 standards. Currently, the construction standard does not include such a provision. However, the general industry and maritime industry standards do include such a provision (e.g., § 1910.135(b)(2)). Therefore, to allow flexibility and ensure consistency across standards, OSHA also is adding identical language to the construction standard. In conclusion, OSHA examined the standards for head protection issued by ANSI over the last 40 years, and found that these standards reflect the state of the art in terms of design safety that existed when ANSI issued them. However, OSHA also found improvements in the design-safety requirements of each successive edition of these standards that would enhance employee protection from falling-object and electrical hazards. IV. 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 conditions, or the adoption or use of one or more practices, means, methods, operations, processes reasonably necessary or appropriate to provide safe or healthful employment or places of employment.’’ 29 U.S.C. 652(8). A standard is reasonably necessary or appropriate within the meaning of Section 652(8) of the OSH Act when a significant risk of material harm exists in the workplace and the proposed standard would substantially reduce or eliminate that workplace risk. See Industrial Union Department, AFL–CIO v. American Petroleum Institute, 448 U.S. 607 (1980). OSHA already determined that requirements for head protection, including design requirements, are reasonably necessary or appropriate within the meaning of Section 652(8). This direct final rule neither reduces employee protection nor alters an employer’s obligations under the existing standards. OSHA believes that, under this direct final rule, employers will be able to continue to use the same equipment they are using currently to meet their compliance obligation under the existing standards’ design-criteria requirements. This direct final rule PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 provides employers with additional options for meeting the design-criteria requirements for head protection— options most employers already are using. Therefore, this direct final rule does not alter the substantive protection that employers must provide to employees and the compliance burdens on employers. Accordingly, OSHA need not, in this rulemaking, determine significant risk or the extent to which this direct final rule will reduce that risk, as typically required by Industrial Union Department. B. Final Economic Analysis and Regulatory Flexibility Act Certification This direct final rule is not economically significant within the context of Executive Order 12866, or a major rule under the Unfunded Mandates Reform Act or Section 801 of the Small Business Regulatory Enforcement Fairness Act. In addition, this direct final rule complies with Executive Order 13563. 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 head protection for employees. However, this direct final rule does not require an employer to update or replace its head protection solely as a result of this rule if the head protection currently in use meets the revised standards. Furthermore, because the rule imposes no costs, OSHA certifies that it will not have a significant economic 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. Accordingly, the Agency does not have to prepare an Information Collection Request in association with this rulemaking. Members of the public may respond to this paperwork determination by sending their written comments to the Office of Information and Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218–AC08), Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503. The Agency encourages commenters to submit these comments to the rulemaking docket, along with their comments on other parts of this direct final rule. For instructions on submitting these comments and E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations wreier-aviles on DSK7SPTVN1PROD with RULES accessing the docket, see the sections of this Federal Register notice titled DATES and ADDRESSES. However, OSHA will not consider any comment received on this paperwork determination to be a ‘‘significant adverse comment’’ as specified above under Section II (‘‘Direct Final Rulemaking’’). To make inquiries, or to request other information, contact Mr. Todd Owen, Directorate of Standards and Guidance, OSHA, Room N–3609, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone (202) 693–2222. D. Federalism OSHA reviewed this direct 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. Agencies must limit any such preemption 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 direct final rule to protect employees in every state, Section 18(c)(2) of the Act permits StatePlan States and U.S. Territories to develop and enforce their own standards for the design of head protection provided these requirements are at least as effective in providing safe and healthful employment and places of employment as the requirements specified in this direct final rule. In summary, this direct final rule complies with Executive Order 13132. In states without OSHA-approved state plans, this rulemaking limits state VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 policy options in the same manner as other OSHA standards. In State-Plan States, this rulemaking does not significantly limit state policy options because, as explained in the following section, State-Plan States do not have to adopt this direct 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 27 states or U.S. territories with their own OSHAapproved occupational safety and health plans must revise their standards to reflect the new standard or amendment, or show OSHA why such action is unnecessary, e.g., because an existing state standard covering this area is at least as effective as the new Federal standard or amendment. 29 CFR 1953.5(a). In this regard, the state standard must be at least as effective as the final Federal rule. State-Plan States must adopt the Federal standard or complete their own standard within six months of the publication date of the final Federal rule. When OSHA promulgates a new standard or amendment that does not impose additional or more stringent requirements than the existing standard, State-Plan States need not amend their standards, although OSHA may encourage them to do so. The following 22 states and U.S. territories have OSHA-approved occupational safety and health plans that apply only to private-sector employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut, Illinois, New Jersey, New York, and the Virgin Islands have OSHA-approved State Plans that apply only to state and local government employees. With regard to this direct 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 standards to recognize the recent edition of the applicable national consensus standard, and deleting outdated editions of the national consensus standards referenced in its existing head protection standards. This direct final rule does not require employers to update or replace their head-protection equipment solely as a result of this rulemaking if the equipment currently in use meets the requirements of this direct final rule. OSHA believes that removing references PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 37597 to ANSI Z89.1–1969 and –1986, and ANSI Z89.2–1971, will have no affect on employers because, in view of the limited useful life of protective helmets, the Agency assumes that no protective helmets currently are available or in use that manufacturers tested in accordance with these consensus standards. Therefore, this direct final rule does not require action under 29 CFR 1953.5(a), and State-Plan States do not need to adopt this rule or show OSHA why such action is unnecessary. However, to the extent these State-Plan States have the same standards as the OSHA standards affected by this direct final rule, OSHA encourages them to adopt the amendments. F. Unfunded Mandates Reform Act OSHA reviewed this direct final rule according to the Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive Order 12875 (58 FR 58093, Oct. 28, 1993). 75 FR at 48130. As discussed above in Section IV.B (‘‘Final Economic Analysis and Regulatory Flexibility Certification’’) of this preamble, OSHA determined that this direct final rule imposes no additional costs on any private-sector or public-sector entity. Accordingly, this direct final rule requires no additional expenditures by either public or private employers. As noted above under Section IV.E (‘‘State-Plan States’’) of this preamble, OSHA standards do not apply to state or local governments except in states that elected voluntarily to adopt an OSHAapproved state plan. Consequently, this direct 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, OSHA certifies that this direct 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. G. Consultation and Coordination With Indian Tribal Governments OSHA reviewed this direct final rule in accordance with Executive Order 13175, 65 FR 67,249 (Nov. 9, 2000), and determined that it does not have ‘‘tribal implications’’ as defined in that order. This direct final rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. E:\FR\FM\22JNR1.SGM 22JNR1 37598 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations H. Consultation With the Advisory Committee on Construction Safety and Health Under 29 CFR parts 1911 and 1912, OSHA must consult with the Advisory Committee on Construction Safety and Health (ACCSH or ‘‘the Committee’’), established pursuant to Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in setting standards for construction work. Specifically, § 1911.10(a) requires the Assistant Secretary to provide ACCSH with a draft proposed rule (along with pertinent factual information) and give the Committee an opportunity to submit recommendations. See also § 1912.3(a) (‘‘[W]henever occupational safety or health standards for construction activities are proposed, the Assistant Secretary [for Occupational Safety and Health] shall consult the Advisory Committee.’’). On December 15, 2011, OSHA presented a draft of this direct final rule to ACCSH, as well as tables comparing the provisions of the outdated reference standards with the provisions of the recent editions of ANSI Z89.1. OSHA then explained that the rule would update the references to ANSI Z89.1 and Z89.2 in the current construction standard. The ACCSH subsequently recommended that OSHA pursue this rulemaking and replace the outdated references to ANSI Z89.1–1969 in the current construction standard for head protection with references to the 1997, 2003, and 2009 editions of ANSI Z89.1, and replace the outdated reference to ANSI Z89.2–1971 with the 2009 edition of ANSI Z89.1. (A transcription of these proceedings is available at Ex. Docket No. OSHA– 2011–0124–0025, pp. 237–245.) V. Authority and Signature wreier-aviles on DSK7SPTVN1PROD with RULES David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210, authorized the preparation of this direct final rule. OSHA is issuing this direct final rule pursuant to 29 U.S.C. 653, 655, 657, 5 U.S.C. 553, Secretary of Labor’s Order 1–2012 (77 FR 3912), and 29 CFR part 1911. List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926 Head protection, Incorporation by reference, Occupational safety and health, Safety. VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 Signed at Washington, DC, on June 14, 2012. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Amendments to Standards For the reasons stated above in the preamble, the Occupational Safety and Health Administration is amending 29 CFR parts 1910, 1915, 1917, 1918, and 1926 as follows: Industrial Workers—Requirements; IBR approved for § 1910.135(b)(1)(iii). 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: www.safetyequipment.org. * * * * * ■ 3. Amend § 1910.135 by revising paragraph (b)(1) to read as follows: PART 1910—[AMENDED] § 1910.135 Subpart A—[Amended] * 1. Revise the authority citation for subpart A of part 1910 to read as follows: ■ Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order Numbers 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable. Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106– 113 (113 Stat. 1501A–222); Pub. L. 11–8 and 111–317; and OMB Circular A–25 (dated July 8, 1993) (58 FR 38142, July 15, 1993). 2. Amend § 1910.6 by revising paragraphs (e)(71) through (e)(73) to read as follows: ■ § 1910.6 Incorporation by reference. * * * * * (e) * * * (71) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1910.135(b)(1)(i). Copies of ANSI Z89.1–2009 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: www.safetyequipment.org. (72) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1910.135(b)(1)(ii). 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: www.safetyequipment.org. (73) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Head protection. * * * * (b) Criteria for head protection. (1) Head protection must comply with any of the following consensus standards: (i) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1910.6; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1910.6; or (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1910.6. * * * * * PART 1915—[AMENDED] 4. The authority citation for part 1915 continues to read as follows: ■ Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable. Section 1915.100 also issued under 49 U.S.C. 1801–1819 and 5 U.S.C. 553. Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR 1911. Subpart A—[Amended] 5. Amend § 1915.5 by revising paragraphs (d)(1)(ix)through (d)(1)(xi) to read as follows: ■ § 1915.5 Incorporation by reference. * * * * * (d)(1) * * * (ix) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1915.155(b)(1)(i). Copies of ANSI Z89.1–2009 are available for purchase only from the International Safety Equipment E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (x) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1915.155(b)(1)(ii). 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: www.safetyequipment.org. (xi) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1915.155(b)(1)(iii). 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: www.safetyequipment.org. * * * * * ■ 6. Amend § 1915.155 by revising paragraph (b)(1) to read as follows: § 1915.155 Head protection. * * * * * (b) Criteria for protective helmets. (1) Head protection must comply with any of the following consensus standards: (i) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1915.5; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1915.5; or (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1915.5. * * * * * PART 1917—[AMENDED] 7. Revise the authority citation for part 1917 to read as follows: wreier-aviles on DSK7SPTVN1PROD with RULES ■ Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 7 FR 3912),as applicable; and 29 CFR 1911. Section 1917.28 also issued under 5 U.S.C. 553. VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 Section 1917.29 also issued under 49 U.S.C. 1801–1819 and 5 U.S.C. 553. 37599 8. Amend § 1917.3 by revising paragraphs (b)(9) through (b)(11) to read as follows: (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1917.3. * * * * * § 1917.3 PART 1918—[AMENDED] Subpart A—[Amended] ■ Incorporation by reference. (b) * * * (9) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1917.93(b)(1)(i). Copies of ANSI Z89.1–2009 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: www.safetyequipment.org. (10) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1917.93(b)(1)(ii). 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: www.safetyequipment.org. (11) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1917.93(b)(1)(iii). 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: www.safetyequipment.org. * * * * * Subpart E—[Amended] 9. Amend § 1917.93 by revising paragraph (b)(1) 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) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1917.3; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1917.3; or PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 10. Revise the authority citation for part 1918 to read as follows: ■ Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR 1911. Section 1918.90 also issued under 5 U.S.C. 553. Section 1918.100 also issued under 49 U.S.C. 1801–1819 and 5 U.S.C. 553. Subpart A—[Amended] 11. Amend § 1918.3 by revising paragraphs (b)(9) through (b)(11) to read as follows: ■ § 1918.3 Incorporation by reference. * * * * * (b) * * * (9) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1918.103(b)(1)(i). Copies of ANSI Z89.1–2009 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: www.safetyequipment.org. (10) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1918.103(b)(1)(ii). 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: www.safetyequipment.org. (11) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1918.103(b)(1)(iii). 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: E:\FR\FM\22JNR1.SGM 22JNR1 37600 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. * * * * * Subpart J—[Amended] 12. Amend § 1918.103 by revising paragraph (b)(1) to read as follows: ■ § 1918.103 Head protection. * * * * * (b)(1) The employer must ensure that head protection complies with any of the following consensus standards: (i) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1918.3; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1918.3; or (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1918.3. * * * * * PART 1926—[AMENDED] A—General [Amended] 13. Revise the authority citation for subpart A of part 1926 to read as follows: ■ 14. Amend § 1926.6 as follows: a. Revise paragraphs (h)(28) and (h)(29). ■ b. Add new paragraph (h)(30). ■ ■ Incorporation by reference. wreier-aviles on DSK7SPTVN1PROD with RULES * * * * * (h) * * * (28) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1926.100(b)(1)(i). Copies of ANSI Z89.1–2009 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: www.safetyequipment.org. (29) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for VerDate Mar<15>2010 14:17 Jun 21, 2012 Jkt 226001 (‘‘Electrical Insulation’’) of any of the consensus standards identified in paragraph (b)(1) of this section. (3) OSHA will deem any head protection device that the employer demonstrates is at least as effective as a head protection device constructed in accordance with one of the consensus standards identified in paragraph (b)(1) of this section to be in compliance with the requirements of this section. [FR Doc. 2012–15030 Filed 6–21–12; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–0508] Subpart E—[Amended] RIN 1625–AA00 15. Revise the authority citation for subpart E of part 1926 to read as follows: Safety Zone; Arctic Drilling and Support Vessels, Puget Sound, WA Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. ACTION: ■ 16. Amend § 1926.100 as follows: a. Add paragraphs (b)(1) through (b)(3). ■ b. Remove paragraph (c). ■ ■ Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 6–96 (62 FR 111), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. § 1926.6 § 1926.100(b)(1)(ii). 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: www.safetyequipment.org. (30) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1926.100(b)(1)(iii). 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: www.safetyequipment.org. * * * * * § 1926.100 Head protection. * * * * * (b) * * * (1) The employer must provide each employee with head protection that meets the specifications contained in any of the following consensus standards: (i) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1926.6; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1926.6; or (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1926.6. (2) The employer must ensure that the head protection provided for each employee exposed to high-voltage electric shock and burns also meets the specifications contained in Section 9.7 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone around the nineteen vessels associated with Arctic drilling as well as their lead towing vessels while those vessels are underway in the Puget Sound Captain of the Port Zone. The safety zone is necessary to ensure the safety of the maritime public and specified vessels while they transit and will do so by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or a Designated Representative. DATES: This rule is effective with actual notice from June 7, 2012, until June 22, 2012. This rule is effective in the Code of Federal Regulations from June 22, 2012 through August 1, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0508. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or SUMMARY: E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Rules and Regulations]
[Pages 37587-37600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15030]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSHA-2011-0184]
RIN 1218-AC65

Updating OSHA Standards Based on National Consensus Standards;
Head Protection

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

ACTION: Direct final rule; request for comments.

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SUMMARY: OSHA is issuing this direct final rule to revise the personal
protective equipment (PPE) sections of its general industry, shipyard
employment, longshoring, and marine terminals standards regarding
requirements for head protection. OSHA is updating the references in
its standards to recognize the 2009 edition of the American National
Standard for Industrial Head Protection, and is deleting the 1986
edition of that national consensus standard because it is out of date.
OSHA also is including the construction industry in this rulemaking to
ensure consistency among the Agency's standards. OSHA is publishing a
proposed rule in today's Federal Register taking this same action.

DATES: This direct final rule will become effective on September 20,
2012 unless OSHA receives a significant adverse comment by July 23,
2012. If OSHA receives a significant adverse comment, it will publish a
timely withdrawal of the rule in the Federal Register. Submit comments
to this direct final rule (including comments to the information-
collection (paperwork) determination described under the section titled
Procedural Determinations), hearing requests, and

[[Page 37588]]

other information by July 23, 2012. All submissions must bear a
postmark or provide other evidence of the submission date. (The
following section titled ADDRESSES describes methods available for
making submissions.)
The Director of the Federal Register approved the incorporation by
reference of specific publications listed in this direct final rule as
of September 20, 2012.

ADDRESSES: Submit comments, hearing requests, and other information as
follows:
Electronic. Submit comments electronically to https://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for submitting comments.
Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents. Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments to the OSHA Docket Office, Technical Data Center,
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210. These attachments must clearly identify the
sender's name, date, subject, and docket number (i.e., OSHA-2011-0184)
so that the Agency can attach them to the appropriate document.
Regular mail, express delivery, hand (courier) delivery,
and messenger service. Submit comments and any additional material
(e.g., studies, journal articles) to the OSHA Docket Office, Docket No.
OSHA-2011-0184 or RIN No. 1218-AC65, Technical Data Center, Room N-
2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is
(877) 889-5627.) Note that security-related procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Please contact the OSHA Docket Office for information
about security procedures concerning delivery of materials by express
delivery, hand delivery, and messenger service. The hours of operation
for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2011-0184). OSHA
will place comments and other material, including any personal
information, in the public docket without revision, and these materials
will be available online at https://www.regulations.gov. Therefore, the
Agency cautions commenters about submitting statements they do not want
made available to the public, or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates, and medical data.
OSHA requests comments on all issues related to this direct final
rule. It also welcomes comments on its findings that this direct final
rule would have no negative economic, paperwork, or other regulatory
impacts on the regulated community. This direct final rule is the
companion document to a notice of proposed rulemaking published in the
``Proposed Rules'' section of today's Federal Register. If OSHA
receives no significant adverse comment on this direct final rule, it
will publish a Federal Register notice confirming the effective date of
this direct final rule and withdrawing the companion proposed rule. The
confirmation may include minor stylistic or technical corrections to
the document. For the purpose of judicial review, OSHA considers the
date that it confirms the effective date of the direct final rule to be
the date of issuance. However, if the Agency receives significant
adverse comment on the direct final rule or proposal, OSHA will publish
a timely withdrawal of this direct final rule and proceed with the
proposed rule, which addresses the same revisions to its head
protection standards.
Docket. The electronic docket for this direct final rule
established at https://www.regulations.gov lists most of the documents
in the docket. However, some information (e.g., copyrighted material)
is not publicly available to read or download through this Web site.
All submissions, including copyrighted material, are accessible at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.

FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
1999.
Technical inquiries: Contact Kenneth Stevanus, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663.

SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice. Electronic copies of this
Federal Register rule are available at https://www.regulations.gov. This
Federal Register notice, as well as news releases and other relevant
information, also are available at OSHA's Web page at https://www.osha.gov.
Availability of Incorporated Standards. With the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51, OSHA is incorporating by reference into the section the standards
published by the International Safety Equipment Association (ISEA) to
which Sec. Sec. 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1),
1918.103(b)(1), and 1926.100(b) refer. To enforce any edition other
than the editions specified by Sec. Sec. 1910.135(b)(1),
1915.155(b)(1), 1917.93(b)(1), 1918.103(b)(1), and 1926.100(b), OSHA
must publish a notice of change in the Federal Register, and the
material must be available to the public. All approved material is
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
OSHA Regional Office or the OSHA Docket Office (U.S. Department of
Labor, 200 Constitution Ave. NW., Room N-2625, Washington, DC 20210;
telephone: (202) 693-2350 (TTY number: (877) 889-5627)).

Table of Contents

I. Background
II. Direct Final Rulemaking
III. Summary and Explanation of Revisions to the Head Protection
Standards
A. Updating the General Industry and Maritime Industry Standards
B. Updating the Construction Industry Standard
IV. 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 of 1995
G. Consultation and Coordination With Indian Tribal Governments
H. Consultation With the Advisory Committee on Construction
Safety and Health
V. Authority and Signature

[[Page 37589]]

I. Background

Subpart I of OSHA's general industry standards contains design
requirements for head protection (see 29 CFR 1910.135). OSHA has
similar requirements in subpart I of part 1915 (Shipyard Employment),
subpart E of part 1917 (Marine Terminals), subpart J of part 1918
(Longshoring), and subpart E of part 1926 (Construction). The general
industry and maritime rules require that the specified head protection
comply with national consensus standards incorporated by reference into
the OSHA standards unless the employer demonstrates that non-specified
head-protection equipment is at least as effective in protecting
workers as equipment that complies with the incorporated national
consensus standard. (See 29 CFR 1910.135(b)(2); 1915.155(b)(2);
1917.93(b)(2); 1918.103(b)(2).) These design provisions are part of
comprehensive requirements to ensure that employees use personal
protective equipment that will protect them from hazards in the
workplace.
As discussed in a previous Federal Register notice (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 removing 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
did not propose to revise construction industry standards covering
personal protective equipment. The Agency received approximately 25
comments on the NPRM. On December 4, 2007, OSHA held an informal public
hearing and received testimony from nine witnesses. Several of the
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 decided not to include the construction industry because of the
size of the undertaking and OSHA's limited resources (Tr. at 18-19;
see, also, 74 FR 46352).
On September 9, 2009, OSHA published the final rule (74 FR 46350),
which became effective October 9, 2009. However, OSHA did not include
in the final rule a reference to the 2009 edition of the American
National Standards Institute (ANSI) standard for industrial head
protection (ANSI Z89.1) because this edition was not available to OSHA
prior to the date (February 8, 2008) the administrative law judge who
presided over the hearing closed the rulemaking record.
This direct final rule will update the references in 29 CFR
1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) to
recognize the 2009 edition of ANSI Z89.1, which is the most recent
version of that standard. These revisions will allow use of helmets
that comply with the three most recent editions of the consensus
standard.
In addition, this direct final rule will remove the current
references to ANSI Z89.1-1969 and ANSI Z89.2-1971 in 29 CFR 1926.100(b)
and (c), and replace these outdated head protection references with the
same three editions of ANSI Z89.1 referenced in the general industry
and maritime industry standards. This action addresses the comments
received during the initial rulemaking cited above, and will ensure
consistency in the Agency's standards. By making the requirements of
OSHA's head protection standards consistent with the Agency's other
standards and with current industry practices, the direct final rule
will eliminate confusion and clarify employer obligations, while
providing up-to-date protection for workers exposed to falling objects.

II. Direct Final Rulemaking

In a direct-final rulemaking, an agency publishes a direct final
rule in the Federal Register along with a statement that the rule will
become effective unless the agency receives significant adverse comment
within a specified period. The agency also publishes concurrently with
the direct final rule an identical proposed rule. If the agency
receives no significant adverse comment, the direct final rule becomes
effective. If, however, the agency receives significant adverse
comment, the agency withdraws the direct final rule and treats the
comments as submissions on the proposed rule.
OSHA uses direct final rules because it expects the rulemaking to
be noncontroversial; provide protection to employees that is at least
equivalent to the protection afforded to them by the outdated standard
development organization standard; and impose no significant new
compliance costs on employers (69 FR 68283, 68285). OSHA used direct
final rules previously to update or, when appropriate, revoke
references to outdated national consensus standards in OSHA rules (see,
e.g., 69 FR 68283, 70 FR 76979, 71 FR 80843, and 76 FR 75782).
For purposes of the direct final rule, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. OSHA will not consider a comment recommending
additional revisions to a rule to be a significant adverse comment
unless the comment states why the direct final rule would be
ineffective without the revisions. If OSHA receives a timely
significant adverse comment, the Agency will publish a Federal Register
notice withdrawing the direct final rule no later than 60 days after
the publication date of the notice.
This direct-final rulemaking furthers the objectives of Executive
Order 13563, which requires that the regulatory process ``promote
predictability and reduce uncertainty'' and ``identify and use the
best, most innovative, and least burdensome tools for achieving
regulatory ends.'' As described below in this Federal Register notice,
the revisions will make the requirements of OSHA's Head Protection
standards consistent with current industry practices, thereby
eliminating confusion and clarifying employer obligations. OSHA
believes that these revisions do not compromise the safety of
employees, but will enhance employee protection. Therefore, the Agency
believes that updating and replacing the national consensus standards
in its head protection standards is consistent with, and promotes the
objectives of, Executive Order 13563.

III. Summary and Explanation of Revisions to the Head Protection
Standards

A. Updating the General Industry and Maritime Industry Standards

OSHA published the previous revision of the general industry and
maritime head protection standards on September 9, 2009 (74 FR 46350),
which became effective October 9, 2009. These revised standards permit
compliance

[[Page 37590]]

with ANSI Z89.1-2003, ANSI Z89.1-1997, or ANSI Z89.1-1986. Since OSHA
published the previous revision, ANSI Z89.1-2009 has become available.
This rulemaking will update the references in 29 CFR 1910.135(b)(1),
1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) to recognize the 2009
edition of ANSI Z89.1.
To determine the differences between the 2009 and 2003 editions of
ANSI Z89.1, the Agency prepared a side-by-side comparison of the two
editions; Table 1 provides the results of this comparison. As this
table shows, the differences between these two editions of the
consensus standard are the provisions in the 2009 edition permitting
optional testing for helmets worn in the backwards position (``reverse
wearing''), optional testing for helmets at colder temperatures than
provided in previous editions, and optional testing for the high-
visibility coloring of helmets. If manufacturers choose to evaluate
their helmets using any of these three testing options, and the helmets
pass the specified tests, then the manufacturer may mark the helmets
accordingly. Section 7.3.1 of ANSI Z89.1-2009 adds the reverse-wearing
testing option; various other sections include instructions regarding,
or references to, the reverse-wearing testing option. Section 7.3.2 of
the consensus standard adds the high-visibility testing option, and
Table 1 of the consensus standard provides information about color
measurements; various other sections of the consensus standard include
instructions regarding, or references to, optional high-visibility
testing. Section 8.4.1.2.1 of the consensus standard describes the
preconditioning necessary to conduct helmet testing at lower
temperatures than specified in previous editions of the consensus
standard, and various other sections of the consensus standard contain
additional information about such testing.

Table 1--Differences Between ANSI Z89.1-2003 and ANSI Z89.1-2009 \1\
------------------------------------------------------------------------
Section No. in ANSI Z-
89.1-2009 Description of differences
------------------------------------------------------------------------
3........................ Adds definitions of ``manufacturer'' and
``test plaque.'' Removes definitions of
``cap'' and ``hat.''
4........................ Adds a requirement that manufacturers mark
helmets that meet the reverse-wearing
requirements with a reverse-wearing mark.
4.3...................... Adds a new, optional section, ``Reverse
Wearing,'' that explains that reverse-
wearing helmets must pass all testing
requirements whether worn facing frontwards
or backwards.
6.1...................... Adds a requirement that manufacturer's
instructions for helmets include
instructions for reverse wearing if
applicable.
6.2...................... Adds instructions for marking helmets tested
for reverse-donning, lower-temperature, and
high-visibility capabilities.
7.3.1.................... Adds new, optional section, ``Reverse
Wearing,'' that permits marking helmets with
the reverse-wearing symbol if those helmets
pass specified tests when mounted in the
reverse-wearing position.
7.3.2.................... Adds new, optional section, ``High-
Visibility,'' that permits marking helmets
``HV'' if those helmets have chromaticity
and a total luminance factor at specified
levels.
Table 1.................. Adds new table, ``Color, High-Visibility
Helmets,'' specifying the levels of
referenced by 7.3.2.
8.1.2.................... In this section, which addresses what
headform size to use in testing, adds a
provision that requires the testing facility
to decide the most suitable size if the
manufacturer does not do so.
8.1.3.................... Adds a requirement that the testing facility
establish a separate dynamic test line (DTL)
for samples tested in the reverse-wearing
position.
8.2.1.................... Adds a requirement that the testing facility
use a minimum of 36 test samples in
compliance testing for helmets marked for
reverse wearing.
8.3.1.................... Adds instructions for positioning reverse-
wearing samples for DTL marking.
8.4.1.2.1................ Adds new section, ``Lower Temperatures,''
that describes an optional procedure for
preconditioning helmet samples at cold
temperatures prior to testing.
9.2.2.................... Removes ``vertical guard rail'' from the list
of components that comprise the test
apparatus used in force-transmission
testing.
9.2.3.................... For mounting samples for force-transmission
testing, adds an instruction that the sample
shall be ``oriented in the normal wearing
position.'' Also adds instructions for
mounting samples in the reverse-wearing
position in preparation for force-
transmission testing.
9.3.2.................... Removes ``vertical guard rail'' from the list
of components that comprise the test
apparatus used in apex-penetration testing.
9.4.2.................... Removes ``vertical guard rail'' from the list
of components that comprise the test
apparatus used in impact-energy attenuation
testing.
9.4.2.1.................. For mounting samples for impact-energy
attenuation testing, adds an instruction
that ``[t]he test sample shall be mounted in
its normal wearing position on the headform
with the STL parallel to the basic plane of
the headform.'' Adds instructions for
mounting samples in the reverse-wearing
position in preparation for impact-energy
attenuation testing.
9.5.3.................... For mounting samples before off-center
penetration testing, adds an instruction
that the sample shall be ``oriented in the
normal wearing position.'' Adds instructions
for mounting samples in the reverse-wearing
position in preparation for off-center
penetration testing.
9.8...................... Adds a new section, ``High-Visibility
Testing,'' that explains how to prepare a
test sample for high-visibility testing, and
how to measure the color of that sample.
10....................... Moves the section ``Normative References,''
which appeared in ANSI Z89.1-2003 as
Appendix E, to the main text. Adds ``ASTM
E1164-02 Colorimetry--Standard Practice for
Obtaining Spectrophotometric Data for Object-
Color Evaluation'' to the list of referenced
standards.
Table 3--Schedule of Revises Table 2 of ANSI Z89.1-2003 by:
Tests. Replacing various entries labeled ``Cold''
with ``Cold or Lower Temperature''; for
samples tested in the reverse-wearing
position, adding entries force-transmission,
impact-energy attenuation, and off-center
penetration testing; and adding to the
second, narrative page information about
testing in the reverse-wearing position for
Type I and Type II helmets.
Appendices............... Adds the title ``Appendices'' and a notation
that ``[t]he following appendices [are] not
part of American National Standard ANSI/ISEA
Z89.1-2009, but are included for information
only.''
Appendix A............... Adds a statement to paragraph A7 that
``[h]elmet decorations should not be used to
obscure dents, cracks, non-manufactured
holes, other penetrations, burns or other
damages.''
------------------------------------------------------------------------
\1\ This table provides only a summary of the differences between these
two standards, and may not describe completely all of the differences
between the standards or the content of any provision of the
standards. Consult the published versions of the standards for an
accurate determination of the differences between the standards.

[[Page 37591]]

As shown in the comparison provided in Table 1, ANSI Z89.1-2009
also includes other differences from ANSI Z89.1-2003. These differences
include: (1) Removing the definitions of ``cap'' and ``hat'' from the
2003 edition and inserting definitions of ``manufacturer'' and ``test
plaque'' in the 2009 edition; (2) permitting the testing facility to
determine an appropriate size of the headform if the manufacturer did
not specify the size; (3) requiring orientation of test samples in the
normal wearing position when conducting various test procedures; and
(4) removing vertical guard rails from the lists of necessary
components for specified test equipment.
OSHA believes that it is consistent with the usual and customary
practice of employers in the general and maritime industries to require
use of head protection that complies with the 1997, 2003, or 2009
editions of ANSI Z89.1. Therefore, the Agency determined that
incorporating ANSI Z89.1-2009 into 29 CFR 1910.135(b)(1),
1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) will not add a
compliance burden for employers. OSHA invites the public to comment on
whether the revisions in the 2009 edition of the consensus standard
represent current industry practice.

B. Updating the Construction Industry Standard

The 2009 revision to the general industry and maritime industry
personal protective equipment standards did not address the
construction standards requiring personal protective equipment.
Therefore, the construction standards at 29 CFR 1926.100(b) and (c)
still require compliance with ANSI Z89.1-1969 and ANSI Z89.2-1971,
respectively. These consensus standards, which set forth requirements
regarding different types of helmets now both addressed in Z89.1, are
out of date.\1\
---------------------------------------------------------------------------

\1\ As noted earlier in Section I (``Background'') in this
Federal Register notice, OSHA did not include the construction
industry in the previous rulemaking that updated the head-protection
standards because of the size of the undertaking and OSHA's limited
resources.
---------------------------------------------------------------------------

In view of the limited useful life of protective helmets and the
length of time (over 40 years) since OSHA last updated these standards,
the Agency believes that no protective helmets currently are available
or in use that manufacturers tested in accordance with the requirements
of ANSI Z89.1-1969 and ANSI Z89.2-1971. To bring the construction
standard up to date and to ensure consistency across OSHA standards,
OSHA is amending 29 CFR 1926.6 and 1926.100 to permit compliance with
ANSI Z89.1-1997, ANSI Z89.1-2003, or ANSI Z89.1-2009.
In reviewing ANSI Z89.1-2009, the Agency prepared side-by-side
comparisons of the 2009 edition of ANSI Z89.1 with the 1969 edition of
ANSI Z89.1 and the 1971 edition of ANSI Z89.2; Table 2 provides the
results of these comparisons. Z89.1-1969 addresses protective helmets
of all types, except those helmets that protect employees from high-
voltage electric shock and burns. ANSI Z89.2-1971 addresses protective
helmets that protect employees from high-voltage electric shock and
burns. ANSI subsequently combined the testing requirements of these
standards in the 1997, 2003, and 2009 editions of ANSI Z89.1;
therefore, these editions of ANSI Z89.1 address all types of helmets,
including helmets that protect employees from falling object and
electrical hazards.
As Table 2 demonstrates, the 2009 edition of the ANSI Z89.1 differs
from ANSI Z89.1-1969 and ANSI Z89.2-1971. The 2009 edition defines Type
I and Type II helmets by the areas of the head to which the helmets
afford protection, rather than by whether the helmets have a brim. The
2009 edition also renames the classes of helmets tested for protection
against electrical hazards (i.e., classes G, E, and C instead of A, B,
and C), although it still bases helmet classification on the capacity
of the helmet to protect employees from electrical hazards. In
addition, the 2009 edition eliminates a fourth class of helmets used in
fire fighting. Many requirements included in the 1969 and 1971
editions, such as requirements specifying the type of material
manufacturers must use when making different components and
specifications regarding helmet accessories, no longer appear in the
2009 edition. Most importantly, ANSI revised the performance
requirements and test methods. Accordingly, the 2009 edition includes
fundamental updates such as more and different types of test methods,
and the use of different equipment for performing these test methods.
Other variations between the 2009 and 1969 and 1971 editions emanate
from these fundamental updates.

Table 2--Differences Between ANSI Z89.1-2009 and ANSI Z89.1-1969 and ANSI Z89.2-1971 \1\
----------------------------------------------------------------------------------------------------------------
ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971
----------------------------------------------------------------------------------------------------------------
1.1 Scope--Explains that the 1 Scope--Explains that the standard 1.1 Scope--Explains that the
standard describes Types and establishes specifications for standard establishes specifications
Classes, as well as testing and helmets that protect the heads of for helmets to protect the heads of
performance requirements for occupational workers from impact electrical workers from impact and
protective helmets. and penetration from falling and penetration from falling or flying
flying objects, and from limited objects, and from high-voltage
electric shock and burn, but does electric shock and burn.
not include high-voltage protective
helmets.
1.2 Purpose--Explains that the No purpose section. 1.2 Purpose--Explains that the
standard establishes minimum standard contains general,
performance requirements for detailed, and physical requirements
protective helmets that reduce the for the procurement of helmets that
forces of impact and penetration, afford optimum protection for
and that may provide protection electrical workers, and includes
from electric shock. supplemental safety requirements
recommended for authorities
considering establishing
regulations or codes concerning the
use of protective helmets for
electrical workers.
1.3 Limitations--Explains the No limitations section. No limitations section.
limitations of protective helmets
that meet the requirements of the
standard in preventing injuries.

[[Page 37592]]

2 Compliance--Provides that ``[a]ny No compliance section. No compliance section.
statement(s) of compliance with
this standard shall mean that the
product meets all applicable
requirements for the Type and
Class. It is specifically intended
that partial utilization of this
standard is prohibited.''
3 Definitions--Does not define 2 Definitions--Provides definitions 2 Definitions--Same definitions as
``sweatband'' or ``winter liner.'' for ``brim,'' ``chin strap,'' ANSI Z89.1-1969.
Modifies slightly the definitions ``crown straps,'' ``headband,''
of ``brim,'' ``crown strap,'' and ``helmet,'' ``nape strap,''
``headband.'' Modifies the ``peak,'' ``shell,''
definitions of ``chin straps,'' ``suspension,'' ``sweatband,'' and
``helmet,'' ``nape strap,'' ``winter liner.''
``peak,'' ``shell,'' and
``suspension.'' Adds definitions of
``accessory,'' ``apex,'' ``basic
plane,'' ``dynamic test line
(DTL),'' ``flammability,''
``harness,'' ``manufacturer,''
``midsagittal plane,''
``positioning index,''
``projection,'' ``protective
padding,'' ``reference plane,''
``reference headform,'' ``shall,''
``should,'' ``static test line
(STL),'' ``test line,'' and ``test
plaque.'' Removes definitions of
``sweatband'' and ``winter liner.''
4 Types and Classes--Classifies 3 Types and Classes--Lists the 3 Types and Classes--Lists the
helmets as either as Type I or Type following types and classes: Type following types and class: Type 1--
II, and either as meeting the Class 1--Helmet, full brim, Type 2-- Helmet, full brim, Type 2--Helmet,
G, E, or C electrical requirements. Helmet, brimless, with peak, Class brimless with peak, and Class B--
Also notes that manufacturers must A--Limited voltage protection, High-voltage protection. No
mark helmets meeting the reverse- Class C--No voltage protection, and provisions comparable to 4.1 and
wearing requirements accordingly. Class D--Limited voltage 4.2 of ANSI Z89.1-2009.
4.1 Defines Type 1--helmets as protection, Fire Fighters' Service,
helmets ``intended to reduce the Type 1, only. No provisions
force of impact resulting from a comparable to 4.1 and 4.2 of ANSI
blow only to the top of the head,'' Z89.1-2009.
and Type 2 helmets as helmets
``intended to reduce the force of
impact resulting from a blow to the
top or sides of the head.''
4.2 Defines Class G (General)
helmets as helmets ``intended to
reduce the danger of contact with
low voltage conductors,'' Class E
(Electrical) helmets as helmets
``intended to reduce the danger of
contact with higher voltage
conductors,'' and Class C
(Conductive) helmets as helmets
``not intended to provide
protection against contact with
electrical hazards.''
4.3 Reverse Wearing--Helmets No reverse wearing option. No reverse wearing option.
manufactured for reverse wearing
must pass all optional testing
requirements whether worn facing
forward or backwards in accordance
with the manufacturers'
instructions.
No materials section. 4 Materials--Provides general No materials section.
specifications regarding materials
used in helmets, such materials
that are water resistant, slow
burning, non-irritating to normal
skin, and, for Class D helmets,
fire resistant.
No recommended supplemental No recommended supplemental 4 Recommended Supplemental
requirements section. requirements section. Requirements--Describes
requirements recommended for
authorities considering
establishing regulations or codes
concerning the use of protective
helmets for electrical workers,
including when helmets are
necessary, what minimum
requirements they should meet, etc.
No general requirements section. 5 General Requirements--Sets forth 5 General Requirements--Sets forth
requirements regarding pieces of requirements regarding pieces of
protective helmets, including its protective helmets, including its
shell (5.1), headband (5.2), shell (5.2), headband (5.3),
sweatband (5.2.1), and crown straps sweatband (5.3.1), and crown straps
(5.3). (5.4).
5 Accessories--Provides that 5.4 Accessories--Sets forth 5.5 Accessories--Sets forth
``[a]ccessories installed by the requirements regarding specific requirements regarding specific
manufacturer shall not cause the helmet accessories: chin strap and helmet accessories: chin strap and
helmet to fail the requirements of nape strap (5.4.1.), winter liners nape strap (5.5.1), winter liners
this standard.'' (5.4.2), face shields and welding (5.5.2), and face shields (5.5.3).
helmets (5.4.3), and lamp brackets
(5.4.4).

[[Page 37593]]

6.1 Instructions--Requires 5.5 Instructions--Provides that 5.6 Instructions--Provides only that
instructions ``explaining the ``[e]ach helmet shall be ``[e]ach helmet shall be
proper method of size adjustment, accompanied by instructions accompanied by instructions
use, care, useful service life explaining the proper method of explaining the proper method of
guidelines and, if applicable, adjusting the suspension and adjusting the suspension and
reverse wearing.'' headband.'' headband.''
6.2 Marking--Requires that 5.6 Marking--Requires that 5.7 Marking--Requires only that
manufacturers permanently mark manufacturers mark helmets with the helmets be marked with the name of
helmets with the name of the name of the manufacturer, ``ANSI the manufacturer, ``ANSI Z89.2-
manufacturer, the date of Z89.1-1969,'' and the Class. 1971,'' and ``Class B.'' Specifies
manufacture, ``ANSI/ISEA Z89.1,'' Specifies the minimum size of the the minimum size of the markings.
the Type and Class designations and markings.
any applicable optional marking
criteria, and the approximate
headsize range. Specifies the
minimum size of the markings.
No separate, detailed requirements 6 Detailed Requirements--Provides 6 Detailed Requirements--Provides
section. additional, specific requirements additional, specific requirements
regarding the helmet's shell (6.1), regarding the helmet's shell (6.1),
headband (6.2), sweatband (6.2.1), headband (6.2), sweatband (6.2.1),
and crown straps (6.3). and crown straps (6.3).
7 Performance Requirements--Sets 7 Physical Requirements--Sets forth 7 Physical Requirements--Sets forth
forth test results required when test results required when testing test results required when testing
testing facilities test Type I and facilities test Class A, Class C, facilities test Class B helmets for
Type II helmets for flammability and Class D helmets, as applicable, insulation resistance (7.1), impact
(7.1.1), force transmission for insulation resistance (not resistance (7.2), penetration
(7.1.2), apex penetration (7.1.3), applicable to Class C helmets) resistance (7.3), weight (7.4),
and electrical insulation (7.1), impact resistance (7.2), flammability (7.5), and water
properties for Class G (7.1.4.1) penetration resistance (7.3), absorption (7.6).
and Class E (7.1.4.2) ratings. weight (7.4), flammability (7.5),
Additional testing for Type II and water absorption (7.6).
helmets for impact-energy
attenuation (7.2.1), off-center
penetration (7.2.2), and chin-strap
retention (7.2.3). Requirements for
optional testing of reverse-wearing
helmets (7.3.1) and high-visibility
helmets (7.3.2).
8 Selection and Preparation of Test 8 Methods of Test Methods of Test
Samples
8.1 Headforms--Provides instructions 8.1 Preparation of Samples--Requires 8.1 Preparation of Samples--Requires
regarding the materials and size of that, for insulation resistance and that, for insulation resistance and
headforms the testing facility is water absorption tests, the testing water absorption tests, the testing
to use in each type of test; facility remove any coating over facility remove any coating over
explains that reference test lines the sample helmets. Provides the sample helmets. Provides
are necessary; and notes that temperatures and, in cases of temperatures and, in cases of
various attached figures show the disagreement, humidity levels at disagreement, humidity levels at
manner in which testing facilities which testing must occur. which testing must occur.
are to mount headforms in
preparation for each type of test.
8.2 Test Samples--Explains how many
samples are necessary for testing,
refers to Table 3 for the order of
testing, and provides temperatures
and, in cases of disagreements,
humidity levels at which testing
must occur.
8.3 Test Sample Markings--Requires
the testing facility to mark test
samples to indicate the location of
reference test lines, and describes
procedures for marking the dynamic
test line (DTL) and static test
line (STL).
8.4 Helmet Preconditioning--
Describes procedures for
preconditioning test samples in
hot, cold, optional lower
temperatures, and wet conditions;
this section also provides time
limits after preconditioning for
the test facility to conduct
impact, penetration, and chin-strap
retention tests.

[[Page 37594]]

9 Test Methods 8 Methods of Test--See Section 8.5 8 Methods of Test--See Section 8.5
9.1 Flammability--For flammability (``Flammability'') below. (``Flammability Test'') below.
testing, describes the method for 8.2 Insulation Resistance Test-- 8.2 Insulation Resistance Test--
preparing (marking) test samples, Describes components of the test Describes components of the test
components of the test apparatus, apparatus, mounting specimens, test apparatus, mounting of specimens,
calibration, test procedures, and procedures, and reporting results. test procedures, and reporting
recording results. 8.3 Impact Resistance Tests-- results.
9.2 Force Transmission--For force- Describes components of the test 8.3 Impact Resistance Tests--
transmission testing, describes the apparatus, mounting specimens, test Describes components of the test
test method for preparing procedures, and reporting results. apparatus, mounting specimens, test
(conditioning) test samples, 8.4 Penetration Resistance-- procedures for the impact-
components of the test apparatus, Describes the components of the absorption test and mechanical-
mounting samples, calibration, test test apparatus, mounting specimens, proof test, and reporting results.
procedures, and recording results. test procedures, and reporting 8.4 Penetration Resistance Test--
9.3 Apex Penetration--Describes the results. Describes the components of the
test method for preparing 8.5 Flammability--Describes the test test apparatus, mounting specimens,
(conditioning) test samples, method to determine conformance test procedures, and reporting
components of the test apparatus, with 7.5 (using ASTM D635-68), results.
mounting samples, calibration, test preparing specimens, mounting 8.5 Flammability Test--Describes the
procedures, and recording results. specimens, test procedure, and test method to determine
9.4 Impact Energy Attenuation-- reporting results. conformance with 7.5 (using ANSI
Describes methods for preparing 8.6 Water Absorption--Describes the K.65.21-1969/ASTM D 635-1969, and
(marking and conditioning) test components of the test apparatus, provides instructions for reporting
samples, components of the test mounting specimens, test results.
apparatus, methods for mounting procedures, and reporting results. 8.6 Water Absorption Test--Describes
samples, the impact anvil, the test the components of the test
headform, the accelerometer, apparatus, mounting specimens, test
calibration, test procedures, and procedures, and reporting results.
recording results.
9.5 Off Center Penetration--
Describes methods for preparing
(marking and conditioning) test
samples, components of the test
apparatus, methods for mounting
samples, calibration, test
procedures, and recording results.
9.6 Chin Strap Retention (Type II
only)--Describes methods for
preparing (conditioning) test
samples, components of the test
apparatus, calibration, test
procedures, and recording results.
9.7 Electrical Insulation--Describes See Section 8.2 (``Insulation See Section 8.2 (``Insulation
methods for preparing test samples Resistance Test'') above. Resistance Test'') above.
(for Class E only, force-
transmission test, one conditioned
hot and one conditioned cold),
components of the test apparatus,
calibration, test procedures
(separately for Class G and Class E
helmets), and recording results.
9.8 High-Visibility Testing--
Describes procedures for sampling
and conditioning test plaques, and
determining color.
10 Normative References--Provides No section on reference standards. 9 Revision of American National
complete citations for standards on Standards Referred to in This
colorimetry, headforms, and Document--Notes that recently
instrumentation referenced in ANSI published ANSI standards supersede
Z89.1-2009. the ANSI standards on flammability
testing, and eye and face
protection, referenced in ANSI
Z89.2-1971.
Table 1--Color, High-Visibility No comparable table. No comparable table.
Helmets--Provides information about
chromaticity and minimum total
luminance factors.
Table 2--Sizing Chart--Provides No comparable table. Table 1--Comparative Hat and Cap
sizing guidance for 17 head-band Sizes--Provides sizing guidance for
sizes ranging from 6\1/2\ to 8\1/2\ 13 head-band sizes ranging from 6\1/
inches. 2\ to 8 inches.
No comparable tables. Table 1--Transmitted Forces in Table 2 Transmitted Forces in
Pounds--Provides force values based Pounds--Provides force values based
on Brinell hardness numbers and the on Brinell hardness numbers and the
diameter of the impression. diameter of the impression.
Table 3--Schedule of Tests--Lists No comparable table. No comparable table.
for each combination of test method
and type of preconditioning, the
minimum number of samples, test
sample numbers, and test sequence
for each helmet type and class.
Also provides additional
instructions regarding testing each
type and class of helmet.
Figure 1--Diagram of the ISO No comparable figure. No comparable figure.
headform, with dimensions for sizes
E, J, and M of the headform.

[[Page 37595]]

No comparable figure. Figure 1--Schematic of a Brinell Figure 1--Schematic of a Brinell
Hardness Penetrator Assembly. Hardness Penetrator Assembly.
Figure 2--Diagram of the proper No comparable figure.\2\ No comparable figure.\2\
location of the Dynamic Test Line.
No comparable photograph. Figure 2--Photograph of a suggested Figure 2--Photograph of a suggested
apparatus for the measurement of apparatus for the measurement of
crown clearance. crown clearance.
Figure 3--Diagram of the headform No comparable figure. No comparable figure.
used for force-transmission
testing.
Figure 4--Diagram of a typical No comparable figure. No comparable figure.
impact-energy attenuation headform
fixture.
Figure 5--Diagram of a typical No comparable figure. No comparable figure.
penetration headform fixture.
Figure 6--Diagram of a chin-strap- No comparable figure. No comparable figure.
retention test apparatus.
Figure 7--Diagram of a typical force- No comparable figure. No comparable figure.
transmission test apparatus.
Figure 8--Diagram of a typical No comparable figure. No comparable figure.
penetration test apparatus.
Figure 9--Diagram of a typical No comparable figure. No comparable figure.
penetrator.
Figure 10--Diagram of a typical No comparable figure. No comparable figure.
impact-energy attenuation test
apparatus.
Figure 11--Diagram of the proper No comparable figure.\3\ No comparable figure.\3\
location of the Static Test Line.
Figure 12--Diagram of a flammability No comparable figure. No comparable figure.
test apparatus.
Appendix A--Recommendations, Appendix A1--Recommendations Appendix--Recommendations and
Cautions, Use, and Care--Provides Concerning Equipment--Provides Precautions Concerning Helmet Use
guidance regarding instructions and guidance regarding tying laces, and Maintenance--Provides guidance
warnings on helmets, fitting, painting and cleaning shells, regarding tying laces, cleaning
cleaning, painting, and inspecting periodic inspection of shells and shells, periodic inspection of
helmets, limitations of helmet helmet components for damage and shells and helmet components for
protection (i.e., conditions that wear (including removal from damage and wear (including removal
may reduce the protection afforded service when necessary), from service when necessary),
by helmets), precautions to use limitations of helmet protection limitations of helmet protection
when handling helmets, and safe (i.e., conditions that may reduce (i.e., conditions that may reduce
conditions (i.e., that impact, the protection afforded by the protection afforded by
penetration, and electrical- helmets), sizes (i.e., the helmets), sizes (i.e., the
insulation testing does not provision of extra-small and extra- provision of extra-small and extra-
indicate safe impact- and voltage- large helmet sizes by large helmet sizes by
exposure levels for industrial manufacturers), and precautions to manufacturers), precautions to use
workers). use when handling helmets. when handling helmets, safe
voltages (i.e., that the
``mechanical proof test'' and
``minimum breakdown voltage test''
do not indicate safe voltage levels
for using insulating safety
headgear), and inspection (i.e.,
use of periodic visual inspections
and electrical tests to detect
conditions of helmets that may
impair their dielectric strength).
Appendix B--Electrical Insulation No comparable appendix. No comparable appendix.
Testing--Describes equipment
guidelines and precautions for high-
voltage test equipment.
Appendix C--Force Transmission No comparable appendix. No comparable appendix.
Testing--Provides design and
performance specifications for
equipment used in force-
transmission testing, calibration
procedures for this test equipment
(including force-measuring systems
and velocity-measuring systems),
and a procedure for determining the
repeatability value of the impactor
(and specifications for acceptable
values).
Appendix D--Impact Energy No comparable appendix. No comparable appendix.
Attenuation Testing--Provides
design and performance
specifications for equipment used
in impact-energy attenuation
testing.
Appendix E--Test Equipment Sources-- No comparable appendix. No comparable appendix.
Provides a list of sources for
suitable test equipment.
----------------------------------------------------------------------------------------------------------------
\1\ This table provides only a summary of the differences among these three standards, and may not describe
completely all of the differences among the standards or the content of any provision of the standards.
Consult the published versions of the standards for an accurate determination of the differences among the
standards.
\2\ No provision of the standard addresses the Dynamic Test Line.
\3\ No provision of the standard addresses the Static Test Line.

[[Page 37596]]

OSHA believes that it is consistent with the usual and customary
practice of employers in the construction industry to require use of
head protection that complies with ANSI Z89.1-2009, ANSI Z89.1-2003, or
ANSI Z89.1-1997. OSHA further believes that the provisions of ANSI
Z89.1-1969 and ANSI Z89.2-1971 are outdated, and employers in the
industry are not using head protection that complies with the testing
requirements of these outdated standards. Accordingly, the Agency
determined that incorporating these editions of ANSI Z89.1 consensus
standards for head protection into 29 CFR 1926.100(b) does not add a
compliance burden for employers. OSHA invites the public to comment on
whether use of head protection compliant with ANSI Z89.1-2009, ANSI
Z89.1-2003, or ANSI Z89.1-1997 represents current industry practice.
Paragraph (b)(2) of this direct final rule for head protection in
construction (see Sec. 1926.100 (Head protection) below) addresses the
requirement for the employer to ensure that the head protection
provided for each employee exposed to high-voltage electric shock and
burns also meets the specifications contained in Section 9.7
(``Electrical Insulation'') of any of the consensus standards
identified in paragraph (b)(1) of this section. This requirement
updates paragraph (c) of existing Sec. 1926.100, which references
outdated ANSI Z89.2-1971 (``Safety Requirements for Industrial
Protective Helmets for Electrical Workers, Class B''). ANSI
subsequently discontinued this separate consensus standard and included
its provisions in ANSI Z89.1 beginning with the 1981 edition of ANSI
Z89.1. OSHA is including paragraph (b)(2) in this direct final rule to
emphasize that employers must ensure that each employee exposed to the
hazards of high-voltage electric shock and burns wears head protection
that complies with the electrical-insulation testing requirements
specified in Section 9.7 of the 1997, 2003, or 2009 editions of ANZI
Z89.1, in addition to the requirements in those consensus standards
that test helmets for protection against falling-object hazards under
various conditions.
In addition to updating the references to ANSI Z89.1, OSHA is
adding a provision to the construction standard that permits an
employer to use head protection that is not manufactured in accordance
with one of the incorporated ANSI Z89.1 consensus standards if the
employer can demonstrate that the head protection it selects protects
employees at least as effectively as head protection tested and
constructed in accordance with one of the incorporated ANSI Z89.1
standards. Currently, the construction standard does not include such a
provision. However, the general industry and maritime industry
standards do include such a provision (e.g., Sec. 1910.135(b)(2)).
Therefore, to allow flexibility and ensure consistency across
standards, OSHA also is adding identical language to the construction
standard.
In conclusion, OSHA examined the standards for head protection
issued by ANSI over the last 40 years, and found that these standards
reflect the state of the art in terms of design safety that existed
when ANSI issued them. However, OSHA also found improvements in the
design-safety requirements of each successive edition of these
standards that would enhance employee protection from falling-object
and electrical hazards.

IV. 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 conditions, or the adoption or use of one or more practices,
means, methods, operations, processes reasonably necessary or
appropriate to provide safe or healthful employment or places of
employment.'' 29 U.S.C. 652(8). A standard is reasonably necessary or
appropriate within the meaning of Section 652(8) of the OSH Act when a
significant risk of material harm exists in the workplace and the
proposed standard would substantially reduce or eliminate that
workplace risk. See Industrial Union Department, AFL-CIO v. American
Petroleum Institute, 448 U.S. 607 (1980). OSHA already determined that
requirements for head protection, including design requirements, are
reasonably necessary or appropriate within the meaning of Section
652(8).
This direct final rule neither reduces employee protection nor
alters an employer's obligations under the existing standards. OSHA
believes that, under this direct final rule, employers will be able to
continue to use the same equipment they are using currently to meet
their compliance obligation under the existing standards' design-
criteria requirements. This direct final rule provides employers with
additional options for meeting the design-criteria requirements for
head protection--options most employers already are using. Therefore,
this direct final rule does not alter the substantive protection that
employers must provide to employees and the compliance burdens on
employers. Accordingly, OSHA need not, in this rulemaking, determine
significant risk or the extent to which this direct final rule will
reduce that risk, as typically required by Industrial Union Department.

B. Final Economic Analysis and Regulatory Flexibility Act Certification

This direct final rule is not economically significant within the
context of Executive Order 12866, or a major rule under the Unfunded
Mandates Reform Act or Section 801 of the Small Business Regulatory
Enforcement Fairness Act. In addition, this direct final rule complies
with Executive Order 13563. 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
head protection for employees. However, this direct final rule does not
require an employer to update or replace its head protection solely as
a result of this rule if the head protection currently in use meets the
revised standards. Furthermore, because the rule imposes no costs, OSHA
certifies that it will not have a significant economic 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. Accordingly, the Agency does not have to prepare an
Information Collection Request in association with this rulemaking.
Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503. The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of this
direct final rule. For instructions on submitting these comments and

[[Page 37597]]

accessing the docket, see the sections of this Federal Register notice
titled DATES and ADDRESSES. However, OSHA will not consider any comment
received on this paperwork determination to be a ``significant adverse
comment'' as specified above under Section II (``Direct Final
Rulemaking'').
To make inquiries, or to request other information, contact Mr.
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609,
U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC
20210; telephone (202) 693-2222.

D. Federalism

OSHA reviewed this direct 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.
Agencies must limit any such preemption 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 direct final rule to protect employees in
every state, Section 18(c)(2) of the Act permits State-Plan States and
U.S. Territories to develop and enforce their own standards for the
design of head protection provided these requirements are at least as
effective in providing safe and healthful employment and places of
employment as the requirements specified in this direct final rule.
In summary, this direct 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 this direct 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 27 states or
U.S. territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing state standard covering this area is at least as effective
as the new Federal standard or amendment. 29 CFR 1953.5(a). In this
regard, the state standard must be at least as effective as the final
Federal rule. State-Plan States must adopt the Federal standard or
complete their own standard within six months of the publication date
of the final Federal rule. When OSHA promulgates a new standard or
amendment that does not impose additional or more stringent
requirements than the existing standard, State-Plan States need not
amend their standards, although OSHA may encourage them to do so. The
following 22 states and U.S. territories have OSHA-approved
occupational safety and health plans that apply only to private-sector
employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut,
Illinois, New Jersey, New York, and the Virgin Islands have OSHA-
approved State Plans that apply only to state and local government
employees.
With regard to this direct 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 standards to recognize the recent edition of the
applicable national consensus standard, and deleting outdated editions
of the national consensus standards referenced in its existing head
protection standards. This direct final rule does not require employers
to update or replace their head-protection equipment solely as a result
of this rulemaking if the equipment currently in use meets the
requirements of this direct final rule. OSHA believes that removing
references to ANSI Z89.1-1969 and -1986, and ANSI Z89.2-1971, will have
no affect on employers because, in view of the limited useful life of
protective helmets, the Agency assumes that no protective helmets
currently are available or in use that manufacturers tested in
accordance with these consensus standards.
Therefore, this direct final rule does not require action under 29
CFR 1953.5(a), and State-Plan States do not need to adopt this rule or
show OSHA why such action is unnecessary. However, to the extent these
State-Plan States have the same standards as the OSHA standards
affected by this direct final rule, OSHA encourages them to adopt the
amendments.

F. Unfunded Mandates Reform Act

OSHA reviewed this direct final rule according to the Unfunded
Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093, Oct. 28, 1993). 75 FR at 48130. As discussed
above in Section IV.B (``Final Economic Analysis and Regulatory
Flexibility Certification'') of this preamble, OSHA determined that
this direct final rule imposes no additional costs on any private-
sector or public-sector entity. Accordingly, this direct final rule
requires no additional expenditures by either public or private
employers.
As noted above under Section IV.E (``State-Plan States'') of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this direct 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, OSHA certifies that this direct 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.

G. Consultation and Coordination With Indian Tribal Governments

OSHA reviewed this direct final rule in accordance with Executive
Order 13175, 65 FR 67,249 (Nov. 9, 2000), and determined that it does
not have ``tribal implications'' as defined in that order. This direct
final rule does not have substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.

[[Page 37598]]

H. Consultation With the Advisory Committee on Construction Safety and
Health

Under 29 CFR parts 1911 and 1912, OSHA must consult with the
Advisory Committee on Construction Safety and Health (ACCSH or ``the
Committee''), established pursuant to Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in setting
standards for construction work. Specifically, Sec. 1911.10(a)
requires the Assistant Secretary to provide ACCSH with a draft proposed
rule (along with pertinent factual information) and give the Committee
an opportunity to submit recommendations. See also Sec. 1912.3(a)
(``[W]henever occupational safety or health standards for construction
activities are proposed, the Assistant Secretary [for Occupational
Safety and Health] shall consult the Advisory Committee.''). On
December 15, 2011, OSHA presented a draft of this direct final rule to
ACCSH, as well as tables comparing the provisions of the outdated
reference standards with the provisions of the recent editions of ANSI
Z89.1. OSHA then explained that the rule would update the references to
ANSI Z89.1 and Z89.2 in the current construction standard. The ACCSH
subsequently recommended that OSHA pursue this rulemaking and replace
the outdated references to ANSI Z89.1-1969 in the current construction
standard for head protection with references to the 1997, 2003, and
2009 editions of ANSI Z89.1, and replace the outdated reference to ANSI
Z89.2-1971 with the 2009 edition of ANSI Z89.1. (A transcription of
these proceedings is available at Ex. Docket No. OSHA-2011-0124-0025,
pp. 237-245.)

V. Authority and Signature

David Michaels, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC 20210, authorized the preparation of this direct
final rule. OSHA is issuing this direct final rule pursuant to 29
U.S.C. 653, 655, 657, 5 U.S.C. 553, Secretary of Labor's Order 1-2012
(77 FR 3912), and 29 CFR part 1911.

List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926

Head protection, Incorporation by reference, Occupational safety
and health, Safety.

Signed at Washington, DC, on June 14, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

For the reasons stated above in the preamble, the Occupational
Safety and Health Administration is amending 29 CFR parts 1910, 1915,
1917, 1918, and 1926 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: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).

0
2. Amend Sec. 1910.6 by revising paragraphs (e)(71) through (e)(73) to
read as follows:

Sec. 1910.6 Incorporation by reference.

* * * * *
(e) * * *
(71) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1910.135(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(72) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1910.135(b)(1)(ii). 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: www.safetyequipment.org.
(73) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1910.135(b)(1)(iii). 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: www.safetyequipment.org.
* * * * *

0
3. Amend Sec. 1910.135 by revising paragraph (b)(1) 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) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1910.6;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1910.6; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1910.6.
* * * * *

PART 1915--[AMENDED]

0
4. The authority citation for part 1915 continues to read as follows:

Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable.
Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR 1911.

Subpart A--[Amended]

0
5. Amend Sec. 1915.5 by revising paragraphs (d)(1)(ix)through
(d)(1)(xi) to read as follows:

Sec. 1915.5 Incorporation by reference.

* * * * *
(d)(1) * * *
(ix) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1915.155(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment

[[Page 37599]]

Association, 1901 North Moore Street, Arlington, VA 22209-1762;
telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(x) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1915.155(b)(1)(ii). 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: www.safetyequipment.org.
(xi) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1915.155(b)(1)(iii). 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: www.safetyequipment.org.
* * * * *

0
6. Amend Sec. 1915.155 by revising paragraph (b)(1) 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) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1915.5;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1915.5; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1915.5.
* * * * *

PART 1917--[AMENDED]

0
7. Revise the authority citation for part 1917 to read as follows:

Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 7 FR 3912),as applicable; and 29 CFR 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

Subpart A--[Amended]

0
8. Amend Sec. 1917.3 by revising paragraphs (b)(9) through (b)(11) to
read as follows:

Sec. 1917.3 Incorporation by reference.

(b) * * *
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1917.93(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1917.93(b)(1)(ii). 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: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1917.93(b)(1)(iii). 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: www.safetyequipment.org.
* * * * *

Subpart E--[Amended]

0
9. Amend Sec. 1917.93 by revising paragraph (b)(1) to read as follows:

Sec. 1917.93 Head protection.

* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1917.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1917.3; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1917.3.
* * * * *

PART 1918--[AMENDED]

0
10. Revise the authority citation for part 1918 to read as follows:

Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

Subpart A--[Amended]

0
11. Amend Sec. 1918.3 by revising paragraphs (b)(9) through (b)(11) to
read as follows:

Sec. 1918.3 Incorporation by reference.

* * * * *
(b) * * *
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1918.103(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1918.103(b)(1)(ii). 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: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1918.103(b)(1)(iii). 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:

[[Page 37600]]

703-525-1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *

Subpart J--[Amended]

0
12. Amend Sec. 1918.103 by revising paragraph (b)(1) to read as
follows:

Sec. 1918.103 Head protection.

* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1918.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1918.3; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1918.3.
* * * * *

PART 1926--[AMENDED]

A--General [Amended]

0
13. Revise the authority citation for subpart A of part 1926 to read as
follows:

Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 6-96 (62 FR 111), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
14. Amend Sec. 1926.6 as follows:
0
a. Revise paragraphs (h)(28) and (h)(29).
0
b. Add new paragraph (h)(30).

Sec. 1926.6 Incorporation by reference.

* * * * *
(h) * * *
(28) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1926.100(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(29) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1926.100(b)(1)(ii). 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: www.safetyequipment.org.
(30) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1926.100(b)(1)(iii). 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: www.safetyequipment.org.
* * * * *

Subpart E--[Amended]

0
15. Revise the authority citation for subpart E of part 1926 to read as
follows:

Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR
31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.

0
16. Amend Sec. 1926.100 as follows:
0
a. Add paragraphs (b)(1) through (b)(3).
0
b. Remove paragraph (c).

Sec. 1926.100 Head protection.

* * * * *
(b) * * *
(1) The employer must provide each employee with head protection
that meets the specifications contained in any of the following
consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1926.6;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1926.6; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1926.6.
(2) The employer must ensure that the head protection provided for
each employee exposed to high-voltage electric shock and burns also
meets the specifications contained in Section 9.7 (``Electrical
Insulation'') of any of the consensus standards identified in paragraph
(b)(1) of this section.
(3) OSHA will deem any head protection device that the employer
demonstrates is at least as effective as a head protection device
constructed in accordance with one of the consensus standards
identified in paragraph (b)(1) of this section to be in compliance with
the requirements of this section.

[FR Doc. 2012-15030 Filed 6-21-12; 8:45 am]
BILLING CODE 4510-26-P

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