Updating OSHA Standards Based on National Consensus Standards; Head Protection, 37617-37630 [2012-15031]
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
a company’s response and can log on to
the Complaint System to review the
progress of their complaints through the
system.3 These procedures do not vary
by the product or service that is the
subject of a complaint.
II. Proposed Extension of Policy
Statement To Apply to Other Complaint
Data
As a general matter, the Bureau
believes that the basic structure of the
credit card complaint data disclosure
policy, including the public database,
can appropriately be duplicated for
other consumer products and services in
addition to credit cards.4 As a result, the
Bureau is proposing that the two-part
complaint data disclosure system
described in the Policy Statement be
extended to cover complaint data about
these other products and services.
The same purposes underlying the
credit card complaint data Policy
Statement apply to its extension to
complaint data about other products.
The authority to disclose the data in the
public database and in the Bureau’s own
reporting is also the same. The Bureau’s
plans to publish its own reports on
complaint data apply, without any
needed adjustment, across all products
and services.5 In addition, as discussed
above, the Complaint System is
effectively identical across products,
which means that the same fields can be
disclosed in the public database without
regard to the precise product or service
that is the subject of a given complaint.
The general issues raised by narrative
field disclosure are also common across
products or services. The same privacy
concerns that led the Bureau to
withhold credit card complaint
narratives pending further analysis exist
for complaint narratives involving other
products and services. Thus, the only
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3 Complaints
may also be subject to further
investigation by Consumer Response or follow-up
by other parts of the Bureau. The Complaint System
is described in more detail in a number of Bureau
reports, including the Consumer Response Annual
Report for 2011 (March 31, 2012) at https://
files.consumerfinance.gov/f/
201204_cfpb_ConsumerResponseAnnualReport.pdf,
the Semi-Annual Report of the Consumer Financial
Protection Bureau (January 30, 2012) at https://
www.consumerfinance.gov/reports/semi-annualreport-of-the-consumer-financial-protectionbureau/, and the Consumer Response Interim
Report on CFPB’s Credit Card Complaint Data
(November 30, 2011) at https://
www.consumerfinance.gov/reports/consumerresponse-interim-report-on-cfpbs-credit-cardcomplaint-data.
4 In comments made in response to the proposed
credit card complaint data disclosure policy
statement, several consumer and privacy groups
supported expanding the policy to cover other
products as well.
5 Several of the Bureau’s published reports on
complaints already include data on mortgagerelated complaints.
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public database field that the Bureau
plans to develop further in connection
with extending its disclosure policy to
complaints about other products and
services would be the field to identify
the type of product or service involved.6
With that one development, the existing
policy can be extended to complaint
data about other products and services.
As a result, the Bureau proposes to
duplicate the existing credit card
complaint data disclosure system—
which is described in detail in the
Policy Statement—for all other
consumer financial products and
services within the Bureau’s
jurisdiction. This Concurrent Notice,
therefore, does not provide any separate
text for a proposed policy statement to
apply to complaint data across all
products or services.
Comments received in connection
with finalizing the Policy Statement will
be considered with respect to the
application of the Policy Statement to
other products. The Bureau has
carefully considered all comments that
would apply to disclosure of complaint
information generally, and has
addressed them in the final Policy
Statement.7 The Bureau therefore seeks
comments that are specific to the
proposed extension of the policy for one
or more new product areas.
Finally, the Bureau notes that any
extension of the disclosure system for
other complaint data would not be
finalized until the Bureau is able to
consider whatever adjustments might be
necessary in light of operational
experience and to address comments
received in response to this Concurrent
Notice. In addition, any such extension
might be phased in at different times for
different products.
Authority: 12 U.S.C. 5492(a),
5493(b)(3)(C), 5496(c)(4), 5511(b)(1), (5),
5512(c)(3)(B).
Dated: June 15, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2012–15161 Filed 6–21–12; 8:45 am]
BILLING CODE 4810–AM–P
6 Technically, this field already exists in the
public database. At this point, however, it does not
give reviewers meaningful information because all
the complaints in the public database concern a
single product, namely credit cards.
7 Although trade groups opposed the current
system, several noted that their comments applied
generally to the public disclosure of any consumer
complaint data. In fact, the Bureau received
comments from several mortgage trade associations,
which noted the Bureau’s indication that credit
card complaint disclosures might provide a model
for subsequent disclosure of complaint data about
other products.
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37617
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: Notice of proposed rulemaking;
request for comments.
AGENCY:
OSHA is proposing 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 direct final rule in today’s
Federal Register taking this same
action.
DATES: Submit comments to this
proposal (including comments to the
information-collection (paperwork)
determination described under the
section titled Procedural
Determinations), hearing requests, and
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.)
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
SUMMARY:
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
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
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 proposal. It also
welcomes comments on its findings that
this proposal would have no negative
economic, paperwork, or other
regulatory impacts on the regulated
community. This proposal is the
companion document to a direct final
rule published in the ‘‘Rules’’ section of
today’s Federal Register. If OSHA
receives no significant adverse comment
on the proposal or direct final rule, it
will publish a Federal Register notice
confirming the effective date of the
direct final rule and withdrawing this
companion proposed rule. The
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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
proposal or direct final rule, OSHA will
publish a timely withdrawal of the
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 proposal 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 proposed
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.
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. Preliminary Economic Analysis and
Regulatory Flexibility Act Certification
C. OMB Review Under the Paperwork
Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act of 1995
G. Consultation and Coordination With
Indian Tribal Governments
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H. Consultation With the Advisory
Committee on Construction Safety and
Health
V. Authority and Signature
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
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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 NPRM would 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 would allow use of
helmets that comply with the three most
recent editions of the consensus
standard.
In addition, this NPRM would 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, this NPRM would
eliminate confusion and clarify
employer obligations, while providing
up-to-date protection for workers
exposed to falling objects.
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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.
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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 NPRM 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.
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37619
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
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
proposed rulemaking would 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.
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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 ......................
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.’’
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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.
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
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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.
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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
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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. ANSI–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
37621
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 test
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.
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.
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1.3 Limitations—Explains the limitations of
protective helmets that meet the requirements of the standard in preventing injuries.
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.’’
1 As noted earlier in Section I (‘‘Background’’) of
in this Federal Register notice, OSHA did not
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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.
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.
No compliance section.
No compliance section.
include the construction industry in the previous
rulemaking that updated the head-protection
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standards because of the size of the undertaking and
OSHA’s limited resources.
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
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
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
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 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.
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.
No reverse wearing option.
4
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No general requirements section.
5
6.1 Instructions—Requires instructions ‘‘explaining the proper method of size adjustment, use, care, useful service life guidelines
and, if applicable, reverse wearing.’’
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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).
5.5 Instructions—Provides that ‘‘[e]ach helmet shall be accompanied by instructions
explaining the proper method of adjusting
the suspension and headband.’’
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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).
5.6 Instructions—Provides only that ‘‘[e]ach
helmet shall be accompanied by instructions explaining the proper method of adjusting the suspension and headband.’’
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
37623
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
6.2 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.
5.6 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.
5.7 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.
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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).
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37624
Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
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.
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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.
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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.
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
37625
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.
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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 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.
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37626
Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
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 the proposed head
protection standard for 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 proposed
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 NPRM 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
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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 NPRM neither reduces employee
protection nor alters an employer’s
obligations under the existing standards.
OSHA believes that, under this NPRM,
employers would 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
NPRM would provide employers with
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additional options for meeting the
design-criteria requirements for head
protection—options most employers
already are using. Therefore, this NPRM
would 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 NPRM would reduce that
risk, as typically required by Industrial
Union Department.
B. Preliminary Economic Analysis and
Regulatory Flexibility Act Certification
OSHA preliminarily determined that
this NPRM 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 NPRM 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
NPRM would not require an employer
to update or replace its head protection
solely as a result of this proposed rule
if the head protection currently in use
meets the revised standards.
Furthermore, because the rule would
impose 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
OSHA preliminarily determined that
this NPRM would 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 NPRM.
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 NPRM.
For instructions on submitting these
comments and accessing the docket, see
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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 NPRM 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 NPRM 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 NPRM.
In summary, this NPRM complies
with Executive Order 13132. In states
without OSHA-approved state plans,
this rulemaking limits state policy
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options in the same manner as other
OSHA standards. In State-Plan States,
this rulemaking does not significantly
limit state policy options because, as
explained in the following section,
State-Plan States do not have to adopt
the 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 NPRM, 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 NPRM 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 NPRM. OSHA
believes that removing references to
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37627
ANSI Z89.1–1969 and –1986, and ANSI
Z89.2–1971, will have no effect 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 NPRM does not
require action under 29 CFR 1953.5(a),
and State-Plan States would 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 NPRM, OSHA
encourages them to adopt the
amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this NPRM 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
(‘‘Preliminary Economic Analysis and
Regulatory Flexibility Certification’’) of
this preamble, OSHA determined that
this NPRM would impose no additional
costs on any private-sector or publicsector entity. Accordingly, this NPRM
would require 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
NPRM 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 NPRM 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 NPRM in
accordance with Executive Order 13175,
65 FR 67,249 (Nov. 9, 2000), and
determined that it would not have
‘‘tribal implications’’ as defined in that
order. This NPRM would 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.
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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 NPRM 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.)
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
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 NPRM. OSHA is issuing this NPRM
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, Occupational safety
and health, Safety.
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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 proposes to
amend 29 CFR parts 1910, 1915, 1917,
1918, and 1926 as follows:
§ 1910.135
PART 1910—[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:
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
Industrial Workers—Requirements; IBR
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Head protection.
*
Subpart A—[Amended]
§ 1910.6
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:
*
*
*
*
(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
Association, 1901 North Moore Street,
Arlington, VA 22209–1762; telephone:
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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]
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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.
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37629
8. Amend § 1917.3 by revising
paragraphs (b)(9) through (b)(11) to read
as follows:
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
(iii) American National Standards
Institute (ANSI) Z89.1–1997, ‘‘American
National Standard for Personnel
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Sfmt 4702
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:
703–525–1695; fax: 703–528–2148; Web
site: www.safetyequipment.org.
*
*
*
*
*
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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.
*
*
*
*
*
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.
*
*
*
*
*
Subpart E—[Amended]
15. Revise the authority citation for
subpart E of part 1926 to read as
follows:
A—General [Amended]
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.
13. Revise the authority citation for
subpart A of part 1926 to read as
follows:
16. Amend § 1926.100 as follows:
a. Add paragraphs (b)(1) through
(b)(3).
b. Remove paragraph (c).
PART 1926—[AMENDED]
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.
14. Amend § 1926.6 as follows:
a. Revise paragraphs (h)(28) and
(h)(29).
b. Add new paragraph (h)(30).
§ 1926.6
Incorporation by reference.
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
*
*
*
*
*
(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
§ 1926.100(b)(1)(ii). Copies of ANSI
Z89.1–2003 are available for purchase
only from the International Safety
Equipment Association, 1901 North
VerDate Mar<15>2010
14:18 Jun 21, 2012
Jkt 226001
§ 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
(‘‘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
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
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. 2012–15031 Filed 6–21–12; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0008; FRL–9691–6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the New Hanover County Airport
Burn Pit Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is issuing a
Notice of Intent to Delete the New
Hanover County Airport Burn Pit
Superfund Site (Site) located in
Wilmington, North Carolina, from the
National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). EPA, with the
concurrence of the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources (DENR), has determined that
all appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
Comments must be received by
July 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1989–0008, by one of the
following methods:
• Online: https://www.regulations.gov.
Follow the instructions for submitting
comments.
• Email: stepter.beverly@epa.gov
• Fax: (404) 562–8788, Attention:
Beverly Hudson-Stepter
• Mail: Beverly Hudson-Stepter,
Remedial Project Manager, Superfund
Remedial Section B, Superfund
Remedial and Site Evaluation Branch,
Superfund Division, U.S. Environmental
DATES:
E:\FR\FM\22JNP1.SGM
22JNP1
]]>Agencies
[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Proposed Rules]
[Pages 37617-37630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15031]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: OSHA is proposing 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 direct
final rule in today's Federal Register taking this same action.
DATES: Submit comments to this proposal (including comments to the
information-collection (paperwork) determination described under the
section titled Procedural Determinations), hearing requests, and 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.)
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
[[Page 37618]]
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 proposal. It
also welcomes comments on its findings that this proposal would have no
negative economic, paperwork, or other regulatory impacts on the
regulated community. This proposal is the companion document to a
direct final rule published in the ``Rules'' section of today's Federal
Register. If OSHA receives no significant adverse comment on the
proposal or direct final rule, it will publish a Federal Register
notice confirming the effective date of the direct final rule and
withdrawing this 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
proposal or direct final rule, OSHA will publish a timely withdrawal of
the 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 proposal
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 proposed 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.
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. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act of 1995
G. Consultation and Coordination With Indian Tribal Governments
H. Consultation With the Advisory Committee on Construction
Safety and Health
V. Authority and Signature
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
[[Page 37619]]
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 NPRM would 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 would allow use of helmets that comply with
the three most recent editions of the consensus standard.
In addition, this NPRM would 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, this NPRM would 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 NPRM 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 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 proposed rulemaking would 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.
[[Page 37620]]
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.
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
[[Page 37621]]
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'') of 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. ANSI-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 test 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.
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.''
[[Page 37622]]
3 Definitions--Does not define 2 Definitions--Provides definitions 2 Definitions--Same definitions as
``sweatband'' or ``winter liner.'' for ``brim,'' chin strap,'' ``crown ANSI Z89.1-1969.
Modifies slightly the definitions straps,'' ``headband,'' ``helmet,''
of ``brim,'' ``crown strap,'' and ``nape strap,'' ``peak,''
``headband.'' Modifies the ``shell,'' ``suspension,''
definitions of ``chin straps,'' ``sweatband,'' and ``winter
``helmet,'' ``nape strap,'' 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 class: Type 1-- following types and classes: Type
II, and either as meeting the Class Helmet, full brim, Type 2--Helmet, 1--Helmet, full brim, Type 2--
G, E, or C electrical requirements. brimless with peak, and Class B-- Helmet, brimless, with peak, Class
Also notes that manufacturers must High-voltage protection. No A--Limited voltage protection,
mark helmets meeting the reverse- provisions comparable to 4.1 and Class C--No voltage protection, and
wearing requirements accordingly. 4.2 of ANSI Z89.1-2009. 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.
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 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).
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.''
[[Page 37623]]
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 37624]]
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 for No comparable table. No comparable table.
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 37625]]
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 the impactor
(and specifications for acceptable
values).
Appendix D Impact Energy Attenuation No comparable appendix. No comparable appendix.
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 37626]]
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 the proposed head protection standard for
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 proposed 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 NPRM 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 NPRM neither reduces employee protection nor alters an
employer's obligations under the existing standards. OSHA believes
that, under this NPRM, employers would 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 NPRM would provide employers with additional options for meeting
the design-criteria requirements for head protection--options most
employers already are using. Therefore, this NPRM would 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 NPRM
would reduce that risk, as typically required by Industrial Union
Department.
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
OSHA preliminarily determined that this NPRM 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 NPRM
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 NPRM would not require an
employer to update or replace its head protection solely as a result of
this proposed rule if the head protection currently in use meets the
revised standards. Furthermore, because the rule would impose 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
OSHA preliminarily determined that this NPRM would 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 NPRM.
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
NPRM. For instructions on submitting these comments and accessing the
docket, see
[[Page 37627]]
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 NPRM 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 NPRM 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 NPRM.
In summary, this NPRM complies with Executive Order 13132. In
states without OSHA-approved state plans, this rulemaking limits state
policy options in the same manner as other OSHA standards. In State-
Plan States, this rulemaking does not significantly limit state policy
options because, as explained in the following section, State-Plan
States do not have to adopt the 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 NPRM, 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 NPRM 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 NPRM.
OSHA believes that removing references to ANSI Z89.1-1969 and -1986,
and ANSI Z89.2-1971, will have no effect 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 NPRM does not require action under 29 CFR
1953.5(a), and State-Plan States would 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 NPRM, OSHA encourages them to adopt the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this NPRM 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 (``Preliminary Economic Analysis and Regulatory Flexibility
Certification'') of this preamble, OSHA determined that this NPRM would
impose no additional costs on any private-sector or public-sector
entity. Accordingly, this NPRM would require 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 NPRM 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 NPRM 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 NPRM in accordance with Executive Order 13175,
65 FR 67,249 (Nov. 9, 2000), and determined that it would not have
``tribal implications'' as defined in that order. This NPRM would 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 37628]]
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 NPRM 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 NPRM. OSHA is
issuing this NPRM 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, 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 proposes to amend 29 CFR parts 1910,
1915, 1917, 1918, and 1926 as follows:
PART 1910--[AMENDED]
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 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.
* * * * *
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]
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 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 Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone:
[[Page 37629]]
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.
* * * * *
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]
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]
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]
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]
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 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: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
[[Page 37630]]
Subpart J--[Amended]
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]
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.
14. Amend Sec. 1926.6 as follows:
a. Revise paragraphs (h)(28) and (h)(29).
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]
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.
16. Amend Sec. 1926.100 as follows:
a. Add paragraphs (b)(1) through (b)(3).
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. 2012-15031 Filed 6-21-12; 8:45 am]
BILLING CODE 4510-26-P
