Updating OSHA Standards Based on National Consensus Standards; Eye and Face Protection, 16085-16093 [2016-06359]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16085-16093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06359]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

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

[Docket No. OSHA-2014-0024]
RIN 1218-AC87


Updating OSHA Standards Based on National Consensus Standards; 
Eye and Face Protection

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

ACTION: Final rule.

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SUMMARY: On March 13, 2015, OSHA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to revise its eye and face 
protection standards for general industry, shipyard employment, marine 
terminals, longshoring, and construction by updating the references to 
national consensus standards approved by the American National 
Standards Institute (ANSI). OSHA received no significant objections 
from commenters and therefore is adopting the amendments as proposed. 
This final rule updates the references in OSHA's eye and face standards 
to reflect the most recent edition of the ANSI/International Safety 
Equipment Association (ISEA) eye and face protection standard. It 
removes the oldest-referenced edition of the same ANSI standard. It 
also amends other provisions of the construction eye and face 
protection standard to bring them into alignment with OSHA's general 
industry and maritime standards.

DATES: This final rule becomes effective on April 25, 2016. The 
incorporation by reference of certain standards listed in the rule was 
approved by the Director of the Federal Register as of April 25, 2016.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), OSHA designates Ann S. 
Rosenthal, Associate Solicitor of Labor for Occupational Safety and 
Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210, to receive petitions 
for review of the final rule.
    The address for OSHA's docket office is: Docket Office, Technical 
Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is (877) 889-5627)). The hours of operation 
for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t. In 
addition, addresses and phone numbers for OSHA's state and regional 
offices can be found at https://www.osha.gov/about.html.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Frank Meilinger, Director, 
OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 
693-1999; email: meilinger.francis2@dol.gov.
    Technical information: Ken Stevanus, Directorate of Standards and 
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-2260; fax: (202) 
693-1663; email: stevanus.ken@dol.gov.
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at https://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, also are available at OSHA's Web page at https://www.osha.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
    A. Overview and Procedural Background
    B. Incorporation by Reference Under 1 CFR part 51
III. Summary and Explanation of the Final Rule
    A. Revisions to OSHA's Eye and Face Protection Standards
    B. Discussion of Comments
IV. Agency Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act 
Certification
    C. 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
V. Authority and Signature

I. Executive Summary

    This final rule updates eye and face protection requirements in 
OSHA's general industry, shipyard employment, marine terminals, 
longshoring, and construction standards. The changes involve 
incorporation by reference of the latest ANSI/ISEA Z87.1-2010 standard 
on Occupational and Educational Eye and Face Protection Devices and 
removal of the oldest ANSI (Z87.1-1989) version of the same standard. 
In addition, OSHA is modifying the language in its construction 
standard to make it more consistent with the general and maritime 
industry standards.
    This new rule will allow employers to continue to follow the 
existing ANSI standards referenced or allow employers to follow the 
latest version of the same ANSI/ISEA standard. Employers are not 
required to update or replace protection devices solely as a result of 
this rule and may continue to follow their current and usual practices 
for their eye and face protection. Therefore, this rule has no 
compliance or economic burdens associated with it.

II. Background

A. Overview and Procedural Background

    OSHA requires employers to ensure that their employees use eye and 
face protection where necessary to protect them against flying objects, 
splashes or droplets of hazardous chemicals, and other workplace 
hazards that could injure their eyes and face. OSHA's standards state 
that the protection employers provide must meet specified consensus 
standards. For operations covered by OSHA's general industry, shipyard 
employment, longshoring, and marine terminals standards, the protection 
must comply with one of the following standards: ANSI Z87.1-2003, ANSI 
Z87.1-1989 (R-1998), and ANSI Z87.1-1989. Alternatively, the employer 
may show that the devices used are at least as effective as one of 
these consensus standards (29 CFR 1910.133(b); 29 CFR 1915.153(b); 29 
CFR 1917.91(a)(1); 29 CFR 1918.101(a)(1)). The construction standard 
requires that eye and face protection meet the requirements of ANSI 
Z87.1-1968 (29 CFR 1926.102(a)(2)).
    As a part of its ongoing efforts to update its standards with the 
latest versions of national consensus standards, (see 69 FR 68283), 
OSHA last updated its eye and face protection standards in 2009 (74 FR 
46350). That effort did not address the eye and face protection 
requirements in the construction standard, which had been revised in 
1993, and during the 2009 rulemaking OSHA received several comments 
suggesting that the construction requirements be updated as well. After 
the new ANSI/ISEA 87.1-2010 standard was published, OSHA decided to 
again update its eye and face protection requirements.
    Before publishing a proposal, OSHA consulted the Advisory Committee 
on Construction Safety and Health (ACCSH) on May 8, 2014, as required 
by 29 CFR 1911.10. OSHA presented two options to ACCSH. The first 
option replaced all eye and face protection provisions in the 
construction standard with those of the general industry and maritime 
standards, except those that

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were unique to the construction industry standard. The second option 
substituted only the three most current (ANSI/ISEA and ANSI) standards 
for the outdated ANSI standard currently cited, or allowed the employer 
to show that the protection was at least as protective as one of those 
standards. The remaining provisions of the construction standard were 
unchanged except for the removal of Table E-1, which referenced the 
outdated ANSI standard. The Committee selected the first option and 
passed a motion recommending that the Agency move forward in the 
rulemaking process. (See ACCSH meeting minutes, ID: OSHA-2014-0024-
0004; see also Options presented to ACCSH, ID: OSHA-2014-0024-0003).
    On March 13, 2015, OSHA published an NPRM in the Federal Register 
to revise its eye and face protection standards. For the general 
industry and maritime standards, OSHA proposed updating the ANSI 
standard references by deleting ANSI Z87.1-1989 and replacing it with 
ANSI/ISEA Z87.1-2010 (80 FR 13295). In addition, in the NPRM, the 
Agency proposed deleting the reference to ANSI Z87.1-1968 in its 
construction standard at 29 CFR 1926.102, and replacing it with the 
references to the same three consensus standards (including Z87.1-2010) 
cited in the proposed general industry, shipyard employment, 
longshoring, and marine terminals standards. As recommended by ACCSH, 
OSHA also proposed other changes to the construction standard to bring 
it into greater alignment with OSHA's other eye and face protection 
requirements, while retaining requirements unique to the construction 
standard not covered by the ANSI standards. Thus, the NPRM allowed all 
employers covered by OSHA's standards to follow any of the three most 
recent versions of the ANSI/ISEA eye and face protection standard.
    OSHA received no significant adverse comment to the proposal, and 
this notice finalizes the rule updates as proposed. This action will 
ensure consistency among the Agency's standards, and eliminate any 
confusion, clarify employer obligations, and provide up-to-date 
protection for workers exposed to eye and face hazards.

B. Incorporation by Reference Under 1 CFR Part 51

1. Summary of the Incorporated Consensus Standards
    ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, provides requirements for the selection, 
testing, use, and maintenance of protectors intended to minimize or 
prevent eye and face injuries including impact, non-ionizing radiation 
and chemical exposures, in occupational and educational environments. 
ANSI Z87.1-2003 and ANSI Z87.1-1989 (R-1998) are prior versions of this 
standard which are also incorporated by reference as alternative means 
of compliance with OSHA's eye and face protection requirements.
2. Reasonable Availability of the Incorporated Consensus Standards
    OSHA believes that the ANSI/ISEA and ANSI standards are reasonably 
available to interested parties. The ANSI/ISEA 2010 and ANSI 2003 and 
1989 (R-1998) versions of the Z87.1 standard can be purchased as a 
package from ANSI in pdf form for $57 (https://webstore.ansi.org/). They 
are also available for purchase at either the IHS Standards (https://global.ihs.com/) or Techstreet (https://www.techstreet.com/) stores. 
Employers may rely on manufacturer representations that protection is 
compliant with the indicated standard and therefore are not obligated 
to incur this expense to comply with the standard. These standards are 
also available for review in OSHA's docket office and regional offices; 
see the ADDRESSES section of this document for details.

III . Summary and Explanation of the Final Rule

A. Revisions to OSHA's Eye and Face Protection Standards

1. Final Rule for General Industry and Maritime Industry Standards
    OSHA adopted the previous revision of the general industry and 
maritime eye and face protection standards on September 9, 2009 (74 FR 
46350). These revisions, which became effective on October 9, 2009, 
permit compliance with ANSI Z87.1-2003, ANSI Z87.1-1989 (R-1998), or 
ANSI Z87.1-1989. Since OSHA published the previous revision, ANSI/ISEA 
Z87.1-2010 became available. This final rule includes ANSI/ISEA Z87.1-
2010 in 29 CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR 
1917.91(a)(1)(i) and removes references to ANSI Z87.1-1989. It also 
updates the general incorporation by reference section for each of 
these standards (i.e., 29 CFR 1910.6, 1915.5, 1917.3, 1918.3) to 
reflect the incorporation of ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and 
ANSI Z87.1-1989 (R-1998).
    OSHA believes that eye and face protection meeting the 2010 ANSI/
ISEA standard is already on the market, and the 2010 standard is not 
less protective than the previous versions of the standard. Therefore 
it is amending its standard to allow the use of such protection in the 
workplace.
2. Final Rule for Construction Industry Standard
    The final rule involves: (1) Changes to the ANSI standard 
references and (2) inclusion of language from the general industry eye 
and face protection standard. With respect to the consensus standards 
update, OSHA is amending 29 CFR 1926.6 and 1926.102, which currently 
incorporate by reference ANSI Z87.1-1968 to include the same three 
consensus standards incorporated into the general industry and maritime 
standards, ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 
(R-1998). OSHA is modifying certain existing language to make it nearly 
identical to the language in the general industry standard's eye and 
face protection provisions. It is retaining provisions unique to the 
current construction standard that are not covered in the versions of 
the consensus standards incorporated by the proposal.
    Specifically, OSHA is placing language from the general industry 
standard, sections 1910.133(a)(1) through (a)(4) and 1910.133(b), in 
sections 1926.102(a)(1) through (a)(3), and (a)(7). Additionally, the 
Agency is replacing: (1) The scope section in 1926.102(a)(1) with the 
scope section in 1910.133(a)(1); (2) the reference to the 1968 ANSI 
standard in 1926.102(a)(2) with the updated list of national consensus 
standards in 1910.133(b)(1); and (3) the requirements for corrective 
lenses in 1926.102(a)(3) with the corrective-lens requirements in 
1910.133(a)(3). The final rule removes the requirements in section 
1926.102(a)(4)--to keep protective equipment clean, in good repair, and 
free of structural and optical defects--which are addressed by 
requirements in each of the three versions of the Z87.1 standard. 
Likewise, it deletes Table E-1, Eye and Face Protector Selection Guide, 
which is specific to the 1968 version of ANSI Z87.1 and referenced in 
the current section 1926.102(a)(5), and renumbers Tables E-2 and E-3 
under this paragraph as Tables E-1 and E-2, respectively.
    The final rule substitutes the marking requirement specified by 
section 1926.102(a)(7) with the marking requirement in section 
1910.133(a)(4). The final rule removes the requirement in 
1926.102(a)(8) that employers must transmit information from 
manufacturers to users about equipment

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limitations or precautions and that such limitations and precautions 
must be strictly observed. It also adds a provision to the construction 
standard that permits an employer to use eye and face protection not 
manufactured in accordance with one of the incorporated Z87.1 standards 
if the employer can demonstrate compliance with one of the incorporated 
Z87.1 standards (i.e., the equivalent-protection provision). The final 
rule will redesignate section 1926.102(b) as section 1926.102(c).
    OSHA believes these changes are warranted because it will make 
compliance easier for employers who perform work that is covered both 
by the construction standard and another of OSHA's standards. Further, 
OSHA believes that the consensus standard reference should be updated 
because the new ANSI standards are at least as protective as the 1968 
standard, and the Agency does not believe that personal protective 
equipment (PPE) designed and tested to the 1968 ANSI standard is 
currently available for purchase.

B. Discussion of Comments

    OSHA received twelve comments in response to the NPRM on eye and 
face protection consensus standards updating. While commenters 
generally supported OSHA's efforts to update its standards, some raised 
issues to which OSHA responds below.
    Mr. Bruce Donato, a private citizen, Mr. Douglas Greenhaus of the 
National Automobile Dealers Association (NADA), and Ms. Julie Trembly 
of 3M commented on OSHA's use of consensus standards. Mr. Donato asked 
why OSHA uses consensus standards rather than proposing its own 
standards (ID: OSHA-2014-0024-0006). Mr. Greenhaus advocated for use of 
a performance-oriented approach and removal of all consensus standard 
references, believing this approach would free OSHA from the obligation 
to continuously review and adopt new versions of third-party standards 
(ID: OSHA-2014-0024-0015). Ms. Trembly mentioned that OSHA may want to 
allow compliance only with the 2010 ANSI/ISEA standard. She reasoned 
that this would ease compliance because the 2010 version is the most 
recent and maintains a hazard-based approach (ID: OSHA-2014-0024-0013).
    OSHA disagrees with these commenters. First, the Agency is legally 
required to consider national consensus standards. The Occupational 
Safety and Health Act of 1970 (OSH Act) requires OSHA to follow them in 
promulgating a rule, unless OSHA explains why another requirement will 
better effectuate the purposes of the act (29 U.S.C. 655(b)(b)). In 
addition, the National Technology Transfer and Advancement Act of 1995 
also requires OSHA (and other Federal agencies) to use voluntary 
consensus standards unless contrary to applicable law or impractical. 
Pub. L 104-113 Sec.  12(d), 15 U.S.C.A. 272 note; see also OMB Circular 
A-119, Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities, 68 FR 
8553. Second, voluntary consensus standards contain valuable 
information about how to address workplace hazards. As Ms. Patricia 
Ennis from the American Society of Safety Engineers pointed out, since 
experts with diverse backgrounds produce national consensus standards, 
the standards reflect their expertise and the latest developments in 
workplace safety (ID: OSHA-2014-0024-0008).
    OSHA disagrees with the suggestion to only incorporate the latest 
ANSI/ISEA standard, because it believes some employers may be using eye 
and face protection meeting the ANSI 87.1-2003 and ANSI 87.1-1989 (R-
1998) standards. OSHA is unaware of evidence that disallowing the use 
of PPE meeting those standards would significantly increase safety.
    Relatedly, Mr. Donato and Mr. Greenhaus of NADA also expressed 
concern that the cost of obtaining consensus standards could be 
prohibitive to small businesses (IDs: OSHA-2014-0024-0006 and 0015). As 
noted above, all referenced consensus standards are available purchase 
for a modest sum and may be viewed for free in OSHA's regional offices, 
among other places.
    Ms. Julie Weide, a private citizen, commented that she wanted more 
mandatory eye protection at worksites, in accordance with equipment 
manufacturers' warnings (ID: OSHA-2014-0024-0007). Though her 
suggestion falls outside of the scope of the proposal, OSHA notes that 
its current eye and face protection standards already require employers 
to ensure that affected employees use appropriate eye or face 
protection when exposed to hazards from flying particles, molten metal, 
liquid chemicals, acids or caustic liquids, chemical gases or vapors, 
or potentially injurious light radiation. See 29 CFR 1910.133(a).
    Several commenters supported OSHA's decision to make eye and face 
protection requirements consistent across all industry standards, 
stating that consistency makes compliance easier for employers (IDs: 
OSHA-2014-0024-0009, 0011, and 0012). OSHA agrees with the commenters' 
assessment.
    Mr. Joe Miles of the Northeastern Retail Lumber Association (NRLA) 
commented that the final rule should provide a transition period so 
that associations such as the NRLA would have time to notify members of 
the new standards. Members could then inform their customers of the new 
PPE requirements, and have sufficient time to order and integrate 
necessary PPE into the workplace (ID: OSHA-2014-0024-0011). Mr. 
Greenhaus of NADA agreed, opining that small business employers should 
be given greater flexibility with respect to compliance (ID: OSHA-2014-
0024-0015).
    Under the final rule, employers may follow any of the three latest 
versions of the Z87.1 standards. The new rule places no new 
obligations, costs, or time constraints on employers. Employers already 
in compliance with OSHA's eye and face requirements may continue their 
current usual and customary practice in providing eye and face 
protection to their employees. The final now allows employers to follow 
the newest ANSI/ISEA Z87.1-2010 standard--if they choose and at their 
convenience--or to continue to follow the older versions (ANSI Z87.1-
2003 or Z87.1-1989 (R-1998)), which appeared in the previous version of 
the rule. As Mr. Daniel Shipp of the ISEA commented, the removal of the 
1989 version will have no effect on the acceptability of any product 
because it is identical to the 1989 (R-1998) standard, which remains in 
the final rule (ID: OSHA-2014-0024-0012). Further, OSHA anticipates 
that compliance with the 2010 version of the ANSI/ISEA Z87.1 standard 
will not be burdensome, because as commenters noted, most manufacturers 
of eye and face protection devices already follow the latest ANSI/ISEA 
standard (IDs: OSHA-2014-0024-0012 and 0013).
    While they supported the proposal, Mr. Faulkner and Ms. Fitch from 
the United Steelworkers (USW) and Mr. McCann, a private citizen, 
discussed their concerns about improperly-fitting PPE, especially for 
women and men of nonstandard body types. They further indicated that 
OSHA's standardized PPE requirement throughout various industries was 
insufficient. Instead, OSHA should require employers to: (1) Provide 
the best fitting PPE available on the market for their workers at no 
cost, (2) regularly evaluate which PPE is provided to employees, and 
(3) purchase customized PPE where special orders are needed. They also 
highlighted a need to protect workers who complain about inadequate PPE 
from retaliation (ID: OSHA-2014-0024-0016 and 0017).

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    OSHA thanks the commenters for raising these issues and the agency 
agrees that PPE must fit properly no matter who is wearing it. A 
correct, comfortable fit helps to ensure the worker will receive the 
intended protection for the duration of the exposure. Many of the 
commenters' concerns are addressed in the existing PPE standard. 
Specifically, the general industry standard requires employers to 
select PPE that properly fits each affected employee, at no cost to the 
employee. See 29 CFR 1910.132(d)(1)(iii) (fit); 1910.132 (h)(1) (cost). 
It also requires employers to conduct a hazard assessment to determine 
which PPE is necessary. 29 CFR 1910.132(d). Moreover, the standards 
require employers to ensure their employees wear ``appropriate'' or 
``protective'' eye and face protection, which includes proper fit, and 
preclude the use of defective or damaged PPE. These requirements apply 
equally for workers of both sexes and all body types. With respect to 
the need to protect workers from retaliation, the OSH Act currently 
protects workers who complain to employers about workplace safety 
issues, including inadequate PPE, from retaliation. 29 U.S.C. 660(c); 
29 CFR 1977.9(c). While the specific proposals made by USW and Mr. 
McCann fall outside the scope of the proposal, OSHA will continue to 
monitor the issues they raised.
    A number of commenters noted a more general need for OSHA to revise 
its standards to incorporate by reference the most recent versions of 
consensus standards (See, e.g., IDs: OSHA-2014-0024-0008, 0015, and 
0016). OSHA agrees with these commenters, and as part of its mandate to 
provide a safe and healthful work environment to all employees, the 
Agency intends to continue in its efforts to adopt the latest consensus 
standards as soon as possible. However, incorporation by reference can, 
at times, be a lengthy process because OSHA must evaluate consensus 
standards to ensure that they are: (1) At least as effective, or meet, 
the current consensus standards incorporated by reference, and (2) 
technologically and economically feasible. As a related matter, Mr. 
Faulkner and Ms. Fitch from the USW suggested that OSHA coordinate with 
the Mine Safety and Health Administration (MSHA), so that OSHA's 
standards could also benefit employees in the mining industry (ID: 
OSHA-2014-0024-0016). OSHA agrees with the importance of interagency 
cooperation, and in general the Agency attempts to coordinate with 
other Federal agencies when there is the possibility of duplication, 
overlap, or conflict. However, OSHA has no jurisdiction over employers 
regulated by MSHA. Nonetheless, where there may be some benefit for 
employees in doing so, OSHA will consider working with MSHA on relevant 
standards updates in the future.
    Mr. Shipp from ISEA noted that OSHA incorrectly referenced to the 
2010 consensus standard in its NPRM. OSHA appreciates this comment and 
has corrected the final rule so all references to the 2010 standard 
reflect the official designation of the consensus standard: ANSI/ISEA 
Z87.1-2010 (ID: OSHA-2014-0024-0012).

IV. Agency Determinations

A. Legal Considerations

    The purpose of the OSH Act is to achieve to the extent possible 
safe and healthful working conditions for all employees. 29 U.S.C. 
651(b). To achieve this goal, Congress authorized the Secretary of 
Labor to promulgate and enforce occupational safety and health 
standards. 29 U.S.C. 654(b), 655(b). A safety or health standard is one 
``which requires conditions, or the adoption or use of one or more 
practices, means, methods, operations, or processes reasonably 
necessary or appropriate to provide safe or healthful employment and 
places of employment.'' 29 U.S.C. 652(8). A standard is reasonably 
necessary or appropriate within the meaning of Section 652(8) of the 
OSH Act when a significant risk of material harm exists in the 
workplace and the standard would substantially reduce or eliminate that 
workplace risk. See Indus. Union Dep't, AFL-CIO v. Am. Petroleum Inst., 
448 U.S. 607 (1980). OSHA already determined that requirements 
specified by eye and face protection standards, including design 
requirements, are reasonably necessary or appropriate within the 
meaning of Section 652(8). See, e.g., 49 FR 49726, 49737 (1978); 51 FR 
33251, 33251-59 (1986).
    Moreover, this final rule neither reduces employee protection nor 
alters an employer's obligations under the existing standards. With 
respect to employee protection, because the final rule will allow 
employers to continue to provide the same eye and face protection they 
currently provide, employees' protection will not change. In terms of 
employers' obligations, the final rule will allow employers additional 
options for meeting the design-criteria requirements for eye and face 
protection. Accordingly, this final rule does not require an additional 
significant risk finding (cf. Edison Elec. Inst. v. OSHA, 849 F.2d 611, 
620 (D.C. Cir. 1988)).
    In addition, a safety standard must be technologically feasible. 
See UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is 
technologically feasible when the protective measures it requires 
already exist, when available technology can bring the protective 
measures into existence, or when that technology is reasonably likely 
to develop. See Am. Textile Mfrs. Inst. v. OSHA, 452 U.S. 490, 513 
(1981); Am. Iron and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 
1991)). The final rule is technologically feasible because: (1) 
Protectors are already manufactured in accordance with the 2010 ANSI/
ISEA standard or the other versions permitted under the revision and 
(2) employers already comply with the 2003 and 1998 versions of the 
ANSI standard incorporated by reference into the general industry and 
maritime standards, which will remain in effect under the final rule.

B. Final Economic Analysis and Regulatory Flexibility Act Certification

    OSHA has determined that employers can comply with the final rule 
by following their current usual and customary practice in providing 
eye and face protection to their employees. This final rule expands the 
options available to employers without removing any existing option and 
thus has no costs. Therefore, OSHA finds that the final rule is not 
economically significant within the context of Executive Order 12866, 
or a major rule under the Unfunded Mandates Reform Act or Section 801 
of the Small Business Regulatory Enforcement Fairness Act. In addition, 
this final rule complies with Executive Order 13563 because employers 
are allowed increased flexibility in choosing eye and face protection 
for their employees and are not required to update or replace that 
protection solely as a result of this final rule if the employer's 
current practice meets the new standards. Because the final rule 
imposes no costs, OSHA certifies that it will not have a significant 
economic impact on a substantial number of private or public sector 
entities. Likewise, it does not meet any of the criteria for an 
economically significant or major rule specified by the Executive Order 
or relevant statutes.

C. Paperwork Reduction Act of 1995

    As was the case for the NPRM, the Department has determined this 
rule does not establish new or revise any existing collection of 
information requirements subject to OMB approval

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under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501. The proposed 
rule invited comments on this determination, and OSHA received no 
comments.

D. Federalism

    OSHA reviewed this final rule in accordance with the Executive 
Order on Federalism (Executive Order 13132, 64 FR 43255, August 10, 
1999), which requires that agencies, to the extent possible, refrain 
from limiting state policy options, consult with states prior to taking 
any actions that would restrict state policy options, and take such 
actions only when clear constitutional authority exists and the problem 
is national in scope. Executive Order 13132 provides for preemption of 
state law only with the expressed consent of Congress. Agencies must 
limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress 
expressly provides that states may adopt, with Federal approval, a plan 
for the development and enforcement of occupational safety and health 
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal 
approval for such a plan as ``State Plan states.'' Occupational safety 
and health standards developed by State Plan states must be at least as 
effective in providing safe and healthful employment and places of 
employment as the Federal standards. 29 U.S.C. 667. Subject to these 
requirements, State Plan states are free to develop and enforce under 
state law their own requirements for occupational safety and health 
standards.
    While OSHA developed the final rule to protect employees in every 
state, Section 18(c)(2) of the OSH Act permits State Plan states and 
U.S. Territories to develop and enforce their own standards for eye and 
face protection provided these requirements are at least as effective 
in providing safe and healthful employment and places of employment as 
the requirements specified in this final rule.
    In summary, this final rule complies with Executive Order 13132. In 
states without OSHA-approved state plans, this rule limits state policy 
options in the same manner as other OSHA standards. In State Plan 
states, this rule does not significantly limit state policy options 
because, as explained in the following section, State Plan states do 
not have to adopt this 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 28 states or 
U.S. Territories with their own OSHA-approved occupational safety and 
health plans must revise their standards to reflect the new standard or 
amendment, or show OSHA why such action is unnecessary, e.g., because 
an existing state standard covering this area is at least as effective 
in protecting workers as the new Federal standard or amendment. 29 CFR 
1953.5(a). In this regard, the state standard must be at least as 
effective as the final Federal rule. State Plan states must adopt the 
Federal standard or complete their own standard within six months of 
the publication date of the final Federal rule. When OSHA promulgates a 
new standard or amendment that does not impose additional or more 
stringent requirements than the existing standard, State Plan states 
need not amend their standards, although OSHA may encourage them to do 
so. The following 21 states and 1 U.S. Territory have OSHA-approved 
occupational safety and health plans that apply only to private-sector 
employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North 
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, 
Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut, 
Illinois, Maine, New Jersey, New York, and the Virgin Islands have 
OSHA-approved State Plans that apply only to state and local government 
employees.
    With regard to this final rule, it will not impose any additional 
or more stringent requirements on employers compared to existing OSHA 
standards. Through this rulemaking, OSHA is updating the references in 
its regulations to recognize recent editions of the applicable national 
consensus standards, and deleting a number of outdated editions of the 
national consensus standards referenced in its existing PPE standards. 
The final rule does not require employers to update or replace their 
PPE solely as a result of this rulemaking if the PPE currently in use 
meets the existing standards. Therefore, the final rule does not 
require action under 29 CFR 1953.5(a), and States and U.S. Territories 
with approved State Plans do not need to adopt this rule or show OSHA 
why such action is unnecessary. However, to the extent these States and 
Territories have the same standards as the OSHA standards affected by 
this final rule, OSHA encourages them to adopt the amendments.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this final rule according to the Unfunded Mandates 
Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and Executive Order 
12875, 58 FR 58093 (October 26, 1993). As discussed above in Section 
IV.B (``Final Economic Analysis and Regulatory Flexibility Act 
Certification'') of this preamble, OSHA determined that the final rule 
imposes no additional costs on any private-sector or public-sector 
entity. Accordingly, this final rule requires no additional 
expenditures by either public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this 
preamble, OSHA standards do not apply to state or local governments 
except in states that elected voluntarily to adopt an OSHA-approved 
state plan. Consequently, this final rule does not meet the definition 
of a ``Federal intergovernmental mandate.'' See 2 U.S.C. 658(5). 
Therefore, for the purposes of the UMRA, OSHA certifies that this final 
rule does not mandate that state, local, or tribal governments adopt 
new, unfunded regulatory obligations, or increase expenditures by the 
private sector of more than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with Executive Order 
13175, 65 FR 67249 (November 6, 2000), and determined that it does not 
have ``tribal implications'' as defined in that order. The final rule 
does not have substantial direct effects on one or more Indian tribes, 
on the relationship between the Federal government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.

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

    Incorporation by reference, Occupational Safety and Health, 
Personal Protective Equipment.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210, authorized the preparation 
of this notice. OSHA is issuing this final rule pursuant to 29 U.S.C. 
653, 655, and 657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553; Secretary of 
Labor's Order 1-2012, 77 FR 3912 (2012); and 29 CFR part 1911.


[[Page 16090]]


    Signed at Washington, DC, on March 15, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated above in the preamble, the Occupational 
Safety and Health Administration is amending 29 CFR parts 1910, 1915, 
1917, 1918, and 1926 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 1910 continues to read 
as follows:

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


0
2. Amend Sec.  1910.6 by revising paragraphs (e)(69) through (71) to 
read as follows:


Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal 
Eye and Face Protection Devices, Approved April 13, 2010; IBR approved 
for Sec.  1910.133(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face 
Personal Protection Devices Approved June 19, 2003; IBR approved for 
Sec. Sec.  1910.133(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1910.133(b). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *

Subpart I--[Amended]

0
3. The authority citation for subpart I of part 1910 continues to read 
as follows:

    Authority:  Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 
1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911; Sections 
1910.132, 1910.134, and 1910.138 of 29 CFR also issued under 29 CFR 
1911; Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also 
issued under 29 CFR 1911 and 5 U.S.C. 553.


0
4. Amend Sec.  1910.133 by revising paragraph (b)(1) to read as 
follows:


Sec.  1910.133  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1910.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1910.6;
* * * * *

PART 1915--[AMENDED]

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

    Authority:  Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); Sections. 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR 
part 1911.
    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 
CFR part 1911.


0
6. Amend Sec.  1915.5 by revising paragraphs (d)(1)(vi) through (viii) 
to read as follows:


Sec.  1915.5  Incorporation by reference.

* * * * *
    (d)(1) * * *
    (vi) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal 
Eye and Face Protection Devices, Approved April 13, 2010; IBR approved 
for Sec.  1915.153(b). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (vii) ANSI Z87.1-2003, Occupational and Educational Personal Eye 
and Face Protection Devices, approved June 19, 2003; IBR approved for 
Sec.  1910.153(b). Copies available for purchase from the:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (viii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection,

[[Page 16091]]

Reaffirmation approved January 4, 1999; IBR approved for Sec.  
1910.153(b). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *

Subpart I--[Amended]

0
7. Amend Sec.  1915.153 by revising paragraph (b)(1) to read as 
follows:


Sec.  1915.153  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face devices. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1915.5;
* * * * *

PART 1917--[AMENDED]

0
8. The authority citation for part 1917 continues to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), or 1-2012 (77 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.
* * * * *

0
9. Amend Sec.  1917.3 by revising paragraphs (b)(6) through (8) to read 
as follows:


Sec.  1917.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1917.91(a). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1917.91(a). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1917.91(a). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *

Subpart E--[Amended]

0
10. Amend Sec.  1917.91 by revising paragraph (a)(1)(i) to read as 
follows:


Sec.  1917.91  Eye and face protection.

    (a)(1)(i) The employer shall ensure that each affected employee 
uses protective eye and face protection devices that comply with any of 
the following consensus standards:
    (A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1917.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1917.3;
    or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1917.3;
* * * * *

PART 1918--[AMENDED]

0
11. The authority citation for part 1918 is revised to read as follows:

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


0
12. Amend Sec.  1918.3 by revising paragraphs (b)(6) through (8) to 
read as follows:


Sec.  1918.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec.  1918.101(a). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved June 19, 2003; IBR approved for Sec.  
1918.101(a). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or

[[Page 16092]]

    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1918.101(a). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *

Subpart J--[Amended]

0
13. Amend Sec.  1918.101 by revising paragraph (a)(1)(i) to read as 
follows:


Sec.  1918.101  Eye and face protection.

    (a) * * *
    (1)(i) Employers must ensure that each employee uses appropriate 
eye and/or face protection when the employee is exposed to an eye or 
face hazards, and that protective eye and face devices comply with any 
of the following consensus standards:
    (A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1918.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1918.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1918.3
* * * * *

PART 1926--[AMENDED]

Subpart A--General [Amended]

0
14. The authority citation for subpart A of part 1926 continues to read 
as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
15. Amend Sec.  1926.6 as follows:
0
a. Revise paragraph (h)(31);
0
b. Redesignate paragraphs (h)(32) thru (34) as (h)(34) thru (36);
0
c. Add new paragraphs (h)(32) and (h)(33).
    The revisions and additions read as follows:


Sec.  1926.6  Incorporation by reference.

* * * * *
    (h) * * *
    (31) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal 
Eye and Face Protection Devices, Approved April 3, 2010; IBR approved 
for Sec.  1926.102(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved June 19, 2003; IBR approved for Sec.  
1926.102(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
    (33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1926.102(b). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: https://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: https://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: https://techstreet.com.
* * * * *

Subpart E--[Amended]

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

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.


0
17. Amend Sec.  1926.102 as follows:
0
a. Revise paragraphs (a)(1) thru (4).
0
b. Remove paragraphs (a)(5), (a)(7), (a)(8), and Tables E-1, E-2, and 
E-3.
0
c. Redesignate paragraph (a)(6) as (a)(5).
0
d. Revise paragraph (b).
0
e. Add paragraph (c).
    The additions and revisions read as follows:


Sec.  1926.102  Eye and face protection.

    (a)  General requirements. (1) The employer shall ensure that each 
affected employee uses appropriate eye or face protection when exposed 
to eye or face hazards from flying particles, molten metal, liquid 
chemicals, acids or caustic liquids, chemical gases or vapors, or 
potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye 
protection that provides side protection when there is a hazard from 
flying objects. Detachable side protectors (e.g. clip-on or slide-on 
side shields) meeting the pertinent requirements of this section are 
acceptable.
    (3) The employer shall ensure that each affected employee who wears 
prescription lenses while engaged in operations that involve eye 
hazards wears eye protection that incorporates the prescription in its 
design, or wears eye protection that can be worn over the prescription 
lenses without disturbing the proper position of the prescription 
lenses or the protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate 
identification of the manufacturer.
* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1926.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1926.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and

[[Page 16093]]

Educational Eye and Face Protection, incorporated by reference in Sec.  
1926.6;
    (2) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.
    (c) Protection against radiant energy--(1) Selection of shade 
numbers for welding filter. Table E-1 shall be used as a guide for the 
selection of the proper shade numbers of filter lenses or plates used 
in welding. Shades more dense than those listed may be used to suit the 
individual's needs.

   Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
                                 Energy
------------------------------------------------------------------------
                    Welding operation                      Shade number
------------------------------------------------------------------------
Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch              10
 diameter electrodes....................................
Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-              11
 , 5/32-inch diameter electrodes........................
Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/             12
 32-inch diameter electrodes............................
Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch                     12
 diameter electrodes....................................
5/16-, 3/8-inch diameter electrodes.....................              14
Atomic hydrogen welding.................................           10-14
Carbon-arc welding......................................              14
Soldering...............................................               2
Torch brazing...........................................          3 or 4
Light cutting, up to 1 inch.............................          3 or 4
Medium cutting, 1 inch to 6 inches......................          4 or 5
Heavy cutting, over 6 inches............................          5 or 6
Gas welding (light), up to 1/8-inch.....................          4 or 5
Gas welding (medium), 1/8-inch to 1/2-inch..............          5 or 6
Gas welding (heavy), over 1/2-inch......................          6 or 8
------------------------------------------------------------------------

    (2) Laser protection. (i) Employees whose occupation or assignment 
requires exposure to laser beams shall be furnished suitable laser 
safety goggles which will protect for the specific wavelength of the 
laser and be of optical density (O.D.) adequate for the energy 
involved. Table E-2 lists the maximum power or energy density for which 
adequate protection is afforded by glasses of optical densities from 5 
through 8. Output levels falling between lines in this table shall 
require the higher optical density.

                 Table E-2--Selecting Laser Safety Glass
------------------------------------------------------------------------
                                               Attenuation
  Intensity, CW maximum power   ----------------------------------------
     density (watts/cm\2\)         Optical density
                                        (O.D.)        Attenuation factor
------------------------------------------------------------------------
10-\2\.........................  5..................  10\5\
10-\1\.........................  6..................  10\6\
1.0............................  7..................  10\7\
10.0...........................  8..................  10\8\
------------------------------------------------------------------------

    (ii) All protective goggles shall bear a label identifying the 
following data:
    (A) The laser wavelengths for which use is intended;
    (B) The optical density of those wavelengths;
    (C) The visible light transmission.
[FR Doc. 2016-06359 Filed 3-24-16; 8:45 am]
 BILLING CODE 4510-26-P