Updating OSHA Standards Based on National Consensus Standards; Head Protection, 37617-37630 [2012-15031]

Download as PDF 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 wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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 http:// files.consumerfinance.gov/f/ 201204_cfpb_ConsumerResponseAnnualReport.pdf, the Semi-Annual Report of the Consumer Financial Protection Bureau (January 30, 2012) at http:// 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 http:// 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. VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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 http:// 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: E:\FR\FM\22JNP1.SGM 22JNP1 wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 37618 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 http://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 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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 http:// 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 http:// 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 http://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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 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. wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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. E:\FR\FM\22JNP1.SGM 22JNP1 37620 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 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.’’ wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 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. wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 ANSI Z89.2–1971 Scope—Explains that the standard establishes specifications for helmets that protect the heads of occupational workers from impact and penetration from falling and flying objects, and from limited electric shock and burn, but does not include high-voltage protective helmets. No purpose section. 1.1 Scope—Explains that the standard establishes specifications for helmets to protect the heads of electrical workers from impact and penetration from falling or flying objects, and from high-voltage electric shock and burn. 1 No limitations section. 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 standards because of the size of the undertaking and OSHA’s limited resources. E:\FR\FM\22JNP1.SGM 22JNP1 37622 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 wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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.’’ VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 ANSI No materials section. No recommended supplemental requirements section. Accessories—Provides that ‘‘[a]ccessories installed by the manufacturer shall not cause the helmet to fail the requirements of this standard.’’ as No reverse wearing option. Materials—Provides general specifications regarding materials used in helmets, such materials that are water resistant, slow burning, non-irritating to normal skin, and, for Class D helmets, fire resistant. No recommended supplemental requirements section. 5 definitions General Requirements—Sets forth requirements regarding pieces of protective helmets, including its shell (5.1), headband (5.2), sweatband (5.2.1), and crown straps (5.3). 5.4 Accessories—Sets forth requirements regarding specific helmet accessories: chin strap and nape strap (5.4.1.), winter liners (5.4.2), face shields and welding helmets (5.4.3), and lamp brackets (5.4.4). 5.5 Instructions—Provides that ‘‘[e]ach helmet shall be accompanied by instructions explaining the proper method of adjusting the suspension and headband.’’ PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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.’’ E:\FR\FM\22JNP1.SGM 22JNP1 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. wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 7 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Detailed Requirements—Provides additional, specific requirements regarding the helmet’s shell (6.1), headband (6.2), sweatband (6.2.1), and crown straps (6.3). 7 Physical Requirements—Sets forth test results required when testing facilities test Class B helmets for insulation resistance (7.1), impact resistance (7.2), penetration resistance (7.3), weight (7.4), flammability (7.5), and water absorption (7.6). E:\FR\FM\22JNP1.SGM 22JNP1 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. wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 9 Test Methods 9.1 Flammability—For flammability testing, describes the method for preparing (marking) test samples, components of the test apparatus, calibration, test procedures, and recording results. 9.2 Force Transmission—For force-transmission testing, describes the test method for preparing (conditioning) test samples, components of the test apparatus, mounting samples, calibration, test procedures, and recording results. 9.3 Apex Penetration—Describes the test method for preparing (conditioning) test samples, components of the test apparatus, mounting samples, calibration, test procedures, and recording results. 9.4 Impact Energy Attenuation—Describes methods for preparing (marking and conditioning) test samples, components of the test apparatus, methods for mounting samples, the impact anvil, the test headform, the accelerometer, calibration, test procedures, and recording results. 9.5 Off Center Penetration—Describes methods for preparing (marking and conditioning) test samples, components of the test apparatus, methods for mounting samples, calibration, test procedures, and recording results. 9.6 Chin Strap Retention (Type II only)—Describes methods for preparing (conditioning) test samples, components of the test apparatus, calibration, test procedures, and recording results. 9.7 Electrical Insulation—Describes methods for preparing test samples (for Class E only, force-transmission test, one conditioned hot and one conditioned cold), components of the test apparatus, calibration, test procedures (separately for Class G and Class E helmets), and recording results. 9.8 High-Visibility Testing—Describes procedures for sampling and conditioning test plaques, and determining color. 10 Normative References—Provides complete citations for standards on colorimetry, headforms, and instrumentation referenced in ANSI Z89.1–2009. ANSI Z89.2–1971 No comparable table. Table 3 Schedule of Tests—Lists for each combination of test method and type of preconditioning, the minimum number of samples, test sample numbers, and test sequence for each helmet type and class. Also provides additional instructions regarding testing each type and class of helmet. Figure 1—Diagram of the ISO headform, with dimensions for sizes E, J, and M of the headform. VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 Methods of Test—See Section 8.5 (‘‘Flammability’’) below. 8.2 Insulation Resistance Test—Describes components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.3 Impact Resistance Tests—Describes components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.4 Penetration Resistance—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.5 Flammability—Describes the test method to determine conformance with 7.5 (using ASTM D635–68), preparing specimens, mounting specimens, test procedure, and reporting results. 8.6 Water Absorption—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8 See Section 8.2 Test’’) above. See Section 8.2 Test’’) above. (‘‘Insulation Resistance No section on reference standards. No comparable table. Methods of Test—See Section 8.5 (‘‘Flammability Test’’) below. 8.2 Insulation Resistance Test—Describes components of the test apparatus, mounting of specimens, test procedures, and reporting results. 8.3 Impact Resistance Tests—Describes components of the test apparatus, mounting specimens, test procedures for the impactabsorption test and mechanical-proof test, and reporting results. 8.4 Penetration Resistance Test—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. 8.5 Flammability Test—Describes the test method to determine conformance with 7.5 (using ANSI K.65.21–1969/ASTM D 635– 1969, and provides instructions for reporting results. 8.6 Water Absorption Test—Describes the components of the test apparatus, mounting specimens, test procedures, and reporting results. (‘‘Insulation Resistance 9 Revision of American National Standards Referred to in This Document—Notes that recently published ANSI standards supersede the ANSI standards on flammability testing, and eye and face protection, referenced in ANSI Z89.2–1971. No comparable table. Table 1 Transmitted Forces in Pounds—Provides force values based on Brinell hardness numbers and the diameter of the impression. No comparable table. Table 1 Comparative Hat and Cap Sizes— Provides sizing guidance for 13 head-band sizes ranging from 61⁄2 to 8 inches. Table 2 Transmitted Forces in Pounds—Provides force values based on Brinell hardness numbers and the diameter of the impression. No comparable table. No comparable figure. No comparable figure. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 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. wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 with one of the incorporated ANSI Z89.1 standards. Currently, the construction standard does not include such a provision. However, the general industry and maritime industry standards do include such a provision (e.g., § 1910.135(b)(2)). Therefore, to allow flexibility and ensure consistency across standards, OSHA also is adding identical language to the construction standard. In conclusion, OSHA examined the standards for head protection issued by ANSI over the last 40 years, and found that these standards reflect the state of the art in terms of design safety that existed when ANSI issued them. However, OSHA also found improvements in the design-safety requirements of each successive edition of these standards that would enhance employee protection from falling-object and electrical hazards. IV. Procedural Determinations A. Legal Considerations The purpose of the Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 651 et seq., is to achieve to the extent possible safe and healthful working conditions for all employees. 29 U.S.C. 651(b). To achieve this goal, Congress authorized the Secretary of Labor to promulgate and enforce occupational safety and health standards. 29 U.S.C. 654(b), 655(b). A safety or health standard is a standard that ‘‘requires conditions, or the adoption or use of one or more practices, means, methods, operations, processes reasonably necessary or appropriate to provide safe or healthful employment or places of employment.’’ 29 U.S.C. 652(8). A standard is reasonably necessary or appropriate within the meaning of Section 652(8) of the OSH Act when a significant risk of material harm exists in the workplace and the proposed standard would substantially reduce or eliminate that workplace risk. See Industrial Union Department, AFL–CIO v. American Petroleum Institute, 448 U.S. 607 (1980). OSHA already determined that requirements for head protection, including design requirements, are reasonably necessary or appropriate within the meaning of Section 652(8). This 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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. E:\FR\FM\22JNP1.SGM 22JNP1 37628 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 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. VerDate Mar<15>2010 17:39 Jun 21, 2012 Jkt 226001 Signed at Washington, DC, on June 14, 2012. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Amendments to Standards For the reasons stated above in the preamble, the Occupational Safety and Health Administration 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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: E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (x) American National Standards Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1915.155(b)(1)(ii). Copies of ANSI Z89.1–2003 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209– 1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (xi) American National Standards Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for § 1915.155(b)(1)(iii). Copies of ANSI Z89.1–1997 are available for purchase only from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. * * * * * 6. Amend § 1915.155 by revising paragraph (b)(1) to read as follows: § 1915.155 Head protection. * * * * * (b) Criteria for protective helmets. (1) Head protection must comply with any of the following consensus standards: (i) American National Standards Institute (ANSI) Z89.1–2009, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1915.5; (ii) American National Standards Institute (ANSI) Z89.1–2003, ‘‘American National Standard for Industrial Head Protection,’’ incorporated by reference in § 1915.5; or (iii) American National Standards Institute (ANSI) Z89.1–1997, ‘‘American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements,’’ incorporated by reference in § 1915.5. * * * * * PART 1917—[AMENDED] wreier-aviles on DSK7SPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:18 Jun 21, 2012 Jkt 226001 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 PO 00000 Frm 00014 Fmt 4702 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. * * * * * E:\FR\FM\22JNP1.SGM 22JNP1 37630 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules 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: http://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 http://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 http://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 http://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 http://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 http://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