Federal Register, Volume 72 Issue 95 (Thursday, May 17, 2007)

[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Proposed Rules]
[Pages 27771-27782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9315]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, and 1918

[Docket No. OSHA-2007-0044]
RIN 1218-AC08

Updating OSHA Standards Based on National Consensus Standards;
Personal Protective Equipment

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: OSHA is proposing to revise the personal protective equipment
(PPE) sections of its general industry, shipyard employment,
longshoring, and marine terminals standards regarding the use of eye
and face protective devices, head protection, and foot protection. OSHA
is proposing to replace the existing references to specific consensus
standards with performance language requiring PPE to be constructed in
accordance with good design standards. The proposed revision includes
guidance for determining what is a good design standard. In addition,
OSHA is proposing to add non-mandatory appendices that list standards
that constitute good design standards as used in the requirement.
OSHA is also proposing to delete a paragraph in its ventilation
standard that requires safety shoes to comply with a specific American
National Standards Institute (ANSI) standard, and another paragraph in
in its welding, cutting and brazing standard that requires filter
lenses and plates in eye protective equipment to meet a test for
transmission of radiant energy prescribed in another specific ANSI
standard. In proposing to delete these paragraphs, OSHA intends for
this safety equipment to comply with the applicable PPE design
provisions in Subpart I of the general industry standards.
These proposed revisions are a continuation of OSHA's effort to
update or remove references to specific consensus and industry
standards

[[Page 27772]]

located throughout the Agency's standards.

DATES: Comments and requests for an informal public hearing must be
submitted by the following dates:
Hard copy: Your comments or hearing requests must be
submitted (postmarked or sent) by July 16, 2007.
Electronic transmission and facsimile: Your comments or
hearing requests must be sent by July 16, 2007.

ADDRESSES: You may submit comments, requests for hearings and
additional materials by any of the following methods:
Electronically: You may submit comments, requests for hearings, and
attachments electronically at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions on-line for making
electronic submissions.
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments, requests for hearings
and attachments to the OSHA Docket Office, Docket No. OSHA--2007--0044,
U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries (hand, express mail, messenger and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number for this rulemaking (OSHA Docket No. OSHA-2007-
0044). Submissions, including any personal information you provide, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov.
Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the
www.regulations.gov index, however, some information (e.g., copyrighted
material) is not publicly available to read or download through the Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries contact Kevin Ropp, Director, OSHA Office of Communications,
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1999. For technical
inquiries, contact Ted Twardowski, Directorate of Standards and
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-2070 or fax:
(202) 693-1663. Copies of this Federal Register notice are available
from the OSHA Office of Publications, Room N-3101, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, telephone:
(202) 693-1888. Electronic copies of this Federal Register notice, as
well as news releases and other relevant documents, are available at
OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Discussion of Changes
II. Legal Considerations
III. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
IV. Paperwork Reduction Act
V. Federalism
VI. State-Plan States
VII. Unfunded Mandates Reform Act
VIII. Authority and Signature

I. Discussion of Changes

A. Introduction

As discussed in a previous Federal Register notice (69 FR 68283),
OSHA is undertaking a series of projects to update its standards to
reflect the latest versions of consensus and industry standards. These
projects will include updating or revoking consensus and industry
standards incorporated by reference, updating regulatory text of
current OSHA rules that were adopted directly from the language of
outdated consensus standards, and, where appropriate, replacing
specific references to outdated consensus standards with performance-
oriented requirements. This action is another step in OSHA's long-term
effort to update or revoke references to specific consensus and
industry standards.
OSHA is performing two main actions in this proposal. First, OSHA
is proposing to revise the personal protective equipment (PPE) sections
of its general industry, shipyard employment, longshoring, and marine
terminals rules to require that PPE be constructed in accordance with
good design standards. The proposed revision also provides guidance on
what is a good design standard. In addition, OSHA is proposing to add
non-mandatory appendices that list standards that constitute good
design standards for purposes of the requirement. Second, OSHA is
proposing to delete two paragraphs in Sec. 1910.94 (Ventilation) and
Sec. 1910.252 (Welding, cutting and brazing) referencing specific
versions of American National Standards Institute (ANSI) standards on
foot protection and eye and face protective devices, respectively. OSHA
discusses each action below.

B. Revisions to PPE Sections in General Industry, Shipyard Employment,
Longshoring, and Marine Terminals Standards

(1) Background
Subpart I of OSHA's general industry standards contains design
requirements for eye and face protective devices, head protection, and
foot protection. See Sec. Sec. 1910.133, 1910.135, 1910.136. OSHA has
similar requirements in subpart I of part 1915 (Shipyard Employment),
subpart E of part 1917 (Marine Terminals), and subpart J of part 1918
(Longshoring). These rules require, among other things, that this PPE
comply with certain ANSI standards incorporated by reference, unless
the employer demonstrates that a piece of equipment is as effective as
equipment that complies with the incorporated ANSI standard. See, e.g.,
Sec. 1910.133(b)(1).\1\ These design provisions are part of
comprehensive requirements to ensure that employees use PPE that will
protect them from hazards in the workplace.
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\1\ The general industry and shipyard employment standards
expressly allow employers to use PPE that is as protective as PPE
constructed in accordance with the incorporated standards. OSHA uses
its de minimis policy to allow employers covered by the longshoring
and marine terminals standards to use PPE that is as protective as
PPE constructed in accordance with the incorporated standards. See
OSHA Instruction CPL 2.103, Field Inspection Reference Manual Ch.
III, C.2.g; Memorandum from Richard Fairfax, Director, Directorate
of Enforcement Programs to Regional Administrators (June 19, 2006).
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All of the incorporated ANSI standards have been superseded by more
current versions. Table I lists the ANSI standards that are
incorporated by reference and the current versions of those standards
for the PPE that are covered by this proposed rule.

[[Page 27773]]

Table 1.--Current OSHA PPE Requirements
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Incorporated
Subpart/section PPE ANSI standard Current version of ANSI standard
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Subpart I/Sec. 1910.133 (Eye Sec. 1910.133(b)(1) Z87.1-1989 ANSI Z87.1-2003.
and Face Devices-General Protective eye and face
Industry). devices purchased after
July 5, 1994.
Sec. 1910.133(b)(2) Z87.1-1968 ANSI Z87.1-2003.
Protective eye and face
devices purchased
before July 5, 1994.
Subpart I/Sec. 1910.135 Sec. 1910.135(b)(1) Z89.1-1986 ANSI Z89.1-2003.
(Headwear-General Industry). Protective helmets
purchased after July 5,
1994.
Sec. 1910.135(b)(2) Z89.1-1969 ANSI Z89.1-2003.
Protective helmets
purchased before July
5, 1994.
Subpart I/Sec. 1910.136 Sec. 1910.136(b)(1) Z41-1991 ASTM F-2412-05 &-2413-05 \2\
(Footwear-General Industry). Protective footwear
purchased after July 5,
1994.
Sec. 1910.136(b)(2) Z41.1-1967 ASTM F-2412-05 &-2413-05
Protective footwear
purchased before July
5, 1994.
Subpart I/Sec. 1915.153 (Eye Sec. 1915.153(b)(1) Z87.1-1989 ANSI Z87.1-2003.
and Face Devices-Shipyard Protective eye and face
Employment). devices purchased after
May 20, 1982.
Sec. 1915.153(b)(2) Z87.1-1979 ANSI Z87.1-2003.
Protective eye and face
devices purchased
before May 20, 1982.
Subpart I/Sec. 1915.155 Sec. 1915.155(b)(1) Z89.1-1986 ANSI Z89.1-2003.
(Headwear-Shipyard Employment). Protective helmets
purchased after August
22, 1996.
Sec. 1915.155(b)(2) Z89.1-1969 ANSI Z89.1-2003.
Protective helmets
purchased before August
22, 1996.
Subpart I/Sec. 1915.156 Sec. 1915.156(b)(1) Z41-1991 ASTM F-2412-05 &-2413-05
(Footwear-Shipyard Employment). Protective footwear
purchased after August
22, 1996.
Sec. 1915.156(b)(2) Z41-1983 ASTM F-2412-05 &-2413-05
Protective footwear
purchased before August
22, 1996.
Subpart E/Sec. 1917.91 (Eye 1917.91(a)(1) Protective Z87.1-1989 ANSI Z87.1-2003.
and Face Devices-Marine eye and face devices.
Terminals).
Subpart E/1917.93 (Headwear- Sec. 1917.93(b) Z89.1-1986 ANSI Z89.1-2003.
Marine Terminals). Protective headwear.
Subpart E/Sec. 1917.94 Sec. 1917.94(b) Z41-1991 ASTM F-2412-05 &-2413-05
(Footwear-Marine Terminals). Protective footwear.
Subpart J/Sec. 1918.101 (Eye Sec. 1918.101(a) Z87.1-1989 ANSI Z87.1-2003.
and Face Devices-Longshoring). Protective eye and face
devices.
Subpart J/Sec. 1918.103 Sec. 1918.103(b) Z89.1-1986 ANSI Z89.1-2003.
(Headwear-Longshoring). Protective headwear.
Subpart J/Sec. 1918.104 Sec. 1918.104(b) Z41-1991 ASTM F-2412-05 &-2413-05
(Footwear-Longshoring). Protective footwear.
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As Table I indicates, the incorporated ANSI standards are all over
a decade old and in some instances are two decades old. All of the ANSI
standards have been updated, and in one instance, the ANSI Z41 standard
for protective footwear, has been completely replaced. As the standards
have been updated, manufacturers have switched to manufacturing PPE
that is in accord with the updated standards. As a result, employers
and employees have difficulty obtaining PPE manufactured in accordance
with the incorporated standards. OSHA estimates the average life of
these types of PPE to be about two to four years. OSHA Docket S-060,
Preliminary Regulatory Impact & Regulatory Flexibility Analysis of the
Personal Protective Equipment Standard Table IV-2 (U.S. Dep't of Labor,
OSHA, Office of Regulatory Analysis, June 30, 1989). Accordingly, the
difficulty is widespread and occurs on a regular basis.
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\2\ ANSI's Z41 standard has been withdrawn and replaced by the
cited ASTM International standards. ASTM International was formerly
the American Society for Testing and Materials.
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In the past, OSHA has updated its PPE standards by revising them to
incorporate more recent versions of the ANSI standards. 59 FR 16360
(Apr. 6, 1994). This temporarily alleviates the problem of trying to
obtain PPE manufactured in accordance with an outdated version of an
ANSI standard, but it ensures that the problem will arise again as the
incorporated standards are superseded by future versions. Despite its
best efforts, OSHA cannot propose and finalize its standards as
frequently as the consensus standards development organizations (SDOs).
Some consensus standards are updated every 3-5 years; OSHA simply does
not have the resources to engage in full rulemaking at this frequency
for all of its PPE standards.
OSHA has preliminarily concluded that incorporating specific
versions of ANSI standards is not an effective approach for its PPE
design requirements. Therefore, OSHA is proposing a performance-
oriented approach: to replace references to specific ANSI standards
with a requirement that PPE be constructed in accordance with good
design standards. It also establishes additional guidance for employers
as to what constitutes a good design standard.
2. The Provisions of the Proposal
The crux of the proposed revision is the requirement that the PPE
be constructed in accordance with good design standards. Eye and face,
head, and foot PPE are commonly worn in general industry, shipyard
employment, longshoring, and marine terminals. The PPE must be strong
enough to protect employees from the hazards they face in the
workplace. It also must be constructed and tested in accordance with
sound and accepted principles that will ensure the safety of
employees.\3\
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\3\ An inherent part of any good design standard is a testing
protocol for ensuring that the manufactured equipment will provide a
specified level of protection. Accordingly, the requirement that the
PPE be constructed in accordance with good design standards includes
the requirement that the PPE be tested in accordance with a testing
protocol that is designed to ensure that the PPE provides the level
of protection the good design standard is intended to achieve.
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Generally, good design standards for these types of PPE are
reflected in the relevant national consensus standards.

[[Page 27774]]

OSHA has examined the standards for eye and face, head, and foot PPE
issued by ANSI and ASTM International (ASTM) over the last 40 years.
OSHA has found that these standards reflect the state of the art in
terms of design safety that existed at the time they were issued.\4\
Furthermore, each successive edition of these standards has improved
the design features of the PPE. For example, a comparison between the
1989 and 2003 versions of the ANSI standard for protective eye and face
equipment shows that ANSI has strengthened the impact resistance
requirements of the standard. Similarly, the current ASTM International
standard for footwear improves on prior ANSI standards for footwear by
increasing protection against electrical hazards.
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\4\ OSHA has placed copies of these national consensus standards
in the docket for this rulemaking (OSHA--2007--0044).
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To develop their standards, these SDOs receive input from industry
groups, employee representatives, government agencies, safety experts,
and other affected parties. See, e.g., ANSI Z89.1-2003, American
National Standard for Industrial Head Protection Foreword. As a result,
they develop standards that are generally recognized as providing an
adequate level of safety, as shown by the widespread use of these
standards by manufacturers even where OSHA standards specify an earlier
version.
Congress recognized the importance of national consensus standards
in the effort to protect employee safety and health. For the first two
years following promulgation of the Occupational Safety and Health Act
of 1970 (OSH Act), Congress authorized the adoption of national
consensus standards as OSHA standards without notice and comment. 29
U.S.C. 655(a). For standards adopted using the notice-and-comment
procedures of the OSH Act, relevant national consensus standards are
the baseline for evaluating OSHA standards. See 29 U.S.C. 655(b)(8)
(when a new standard differs from a national consensus standard, the
Secretary must explain why the new standard will better effectuate
purposes of the Act than the national consensus standard).
In light of this, OSHA believes that design standards that are
formulated pursuant to the processes described above will generally
constitute good design standards. OSHA's analysis of the PPE design
standards over the last 40 years provides evidence of this. OSHA is
thus including in the proposal a presumption that PPE complies with the
good design requirement if it is constructed in accordance with a
design standard that meets specified criteria consistent with the
criteria for the development of national consensus standards.
The specific criteria of the proposal are drawn from the criteria
nationally recognized testing laboratories must apply for determining
if a standard is appropriate for evaluating the safety of equipment or
materials. See Sec. 1910.7(c). They also reflect the criteria of a
national consensus standard as defined in the OSH Act and the way many
SDOs operate. See 29 U.S.C. 652(9). The proposal is intended to codify
the criteria that have been used successfully for developing design
standards that ensure an adequate level of safety.
The first of these criteria ensures that the design standard
incorporates safety concerns as part of the standard and that these
safety concerns are related to the particular piece of PPE covered by
the OSHA standard. The second ensures that the design standard provides
guidelines for constructing the equipment and has achieved a minimum
level of recognition by safety experts as providing an adequate level
of safety. The third of these criteria is process-oriented; it ensures
that knowledgeable and affected interests have an opportunity to
provide input into the development of the standard, which advances the
goal of ensuring that the design standard provides an adequate level of
safety.
PPE constructed in accordance with the proposal's criteria for a
good design standard is only presumptively compliant with the
standard's general requirement that the PPE be constructed in
accordance with good design standards. The presumption is primarily
intended to reserve OSHA's authority to determine that a future
national consensus standard for PPE design specifications will not
provide an adequate level of protection and therefore will not meet the
general good design requirement. OSHA believes that it will rarely, if
ever, determine that a future national consensus standard related to
PPE design specifications does not provide sufficient protection;
nevertheless, OSHA's proposed approach provides for that possibility.
To further increase the notice employers have of their obligations
under the proposed requirements, OSHA is also proposing to list in non-
mandatory appendices the national consensus standards that OSHA has
determined are good design standards as that concept is used in the
proposal. OSHA is proposing to reference in the non-mandatory
appendices the 1986 (headwear), 1989 (eye and face devices), and 1991
(footwear) versions of the national consensus standards incorporated in
the existing standards for PPE, as well as the more recent versions of
those national consensus standards. Specifically, OSHA proposes to list
in the non-mandatory appendices the following standards: for protective
eye and face devices, ANSI Z87.1-1989, ANSI Z87.1-1998, and ANSI Z87.1-
2003; for protective headwear, ANSI Z89.1-1986, ANSI Z89.1-1997, and
ANSI Z89.1-2003; and for protective footwear, ANSI Z41-1991, ANSI Z41-
1999, and ASTM F-2412-05 and ASTM F-2413-05. As stated above, OSHA has
carefully reviewed all of these standards and has found that they
establish design criteria that provide adequate protection for
employees.
OSHA has not, however, proposed to list ANSI standards from before
1986. OSHA's incorporation of earlier versions in its existing PPE
design standards was limited to allowing the use of PPE that was
purchased by a certain date that has long passed. For ten years or
more, the existing standards have not permitted the use of PPE
manufactured in accordance with those earlier versions if the PPE was
purchased after those specified dates. In addition, for some time
manufacturers have not been manufacturing PPE in accordance with those
earlier versions. Given the limited useful life of PPE and the length
of time that has passed since employers and employees have been able to
use PPE manufactured in accordance with those earlier versions, OSHA
believes that no PPE currently in use was constructed in accordance
with those earlier standards. Accordingly, there is no need to list
those earlier standards.
Employers are not required to ensure that the PPE is constructed in
accordance with a listed national consensus standard. The fundamental
requirement is that the PPE be constructed in accordance with good
design standards. However, OSHA is proposing that once a national
consensus standard is listed in the non-mandatory appendices, the
presumption in the standard would be conclusive for enforcement
purposes. Of course, OSHA's decision to list a national consensus
standard in the non-mandatory appendices would not preclude OSHA from
initiating appropriate procedures to revoke that listing. But until and
unless OSHA revokes a listing through that procedure, employers will be
assured that their use of PPE that was constructed in accordance with a
listed national consensus standard meets the good design requirement.
An employer's

[[Page 27775]]

reasonable reliance on a manufacturer's certification that the PPE was
constructed in accordance with any of the listed national consensus
standards satisfies the employer's obligation to ensure that the PPE
was constructed in accordance with a good design standard.
OSHA also intends to update in the future the non-mandatory
appendices to include any future national consensus standard it
determines meets the requirements of the proposed rule. OSHA is
committing itself to reviewing future national consensus standards for
PPE design criteria as they are promulgated. Assuming the review
confirms that a newly promulgated national consensus standard is a good
design standard, OSHA will use the procedures it has developed for
direct final rules to add the newly promulgated national consensus
standard to the non-mandatory appendices. Those procedures involve OSHA
publishing the direct final rule in the Federal Register along with an
identical proposed rule. The direct final rule will go into effect
unless OSHA receives a significant adverse comment within a specified
period. If OSHA receives significant adverse comments, it will withdraw
the direct final rule and treat the comments as responses to the
proposed rule. When using the direct final rule procedures for updating
the non-mandatory appendices for the PPE design standards, OSHA will
consider as significant adverse comments only those comments that
explain why the reviewed version does not provide equivalent or greater
protection to employees. As stated, the addition of a new national
consensus standard would not require employers to use PPE constructed
in accordance with that standard; it would merely provide employers
with an additional option for meeting the good design requirement. OSHA
anticipates that additions to the non-mandatory appendices will occur
rapidly and without controversy.
Finally, in switching from a specification provision to a
performance oriented provision, OSHA is not intending to decrease
employee protection. The references to the specific ANSI standards in
OSHA's existing rules are the minimum design specifications for PPE
used in the workplace and, as stated above, OSHA is listing them in the
non-mandatory appendices. PPE meeting good design standards must at a
minimum be constructed to provide protection equivalent to, or greater
than, this minimum level of protection. OSHA is adding language in the
regulatory text of the proposed rule that makes this clear.\5\
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\5\ See, e.g., Proposed Sec. 1910.133(b)(2).
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3. Effects of the Proposal
OSHA believes that requiring use of PPE that meets good design
standards is appropriate and will increase employee safety and health
by facilitating the use of state of-the-art PPE. It is appropriate to
provide this type of flexibility because, as stated above, OSHA's
experience has shown that overall safety increases with each update of
national consensus standards.
OSHA standards should be written to facilitate the ability of
employers to take advantage of safety advances developed by ANSI and
similar organizations. Even when an updated national consensus standard
merely maintains the status quo in terms of safety, ensuring that OSHA
standards are written to facilitate the use of PPE constructed in
accordance with those standards serves the interest of protecting
employee safety. Once updated standards are promulgated, over time PPE
constructed in accordance with those standards become increasingly more
available and PPE constructed under the predecessor standards become
increasingly unavailable. Those seeking to obtain PPE will therefore
usually have an easier time finding PPE manufactured in accordance with
a current version than PPE manufactured in accordance with an older
version.
OSHA's current PPE design standards, however, impose obstacles to
allowing employers and employees to obtain the benefit of better PPE
manufactured under improved standards or newer equipment manufactured
under updated standards that maintain the status quo. Under the current
general industry and shipyard employment standards, to obtain these
benefits employers must be able to demonstrate that the PPE
manufactured in accordance with the updated versions are as protective
as PPE manufactured in accordance with the referenced versions.
Employers need to research the referenced national consensus standards,
identify and analyze the updated versions, and make the determination
as to whether PPE designed to meet the updated versions provide
employees with protection equivalent to or greater than the protection
they receive with PPE designed in accordance with the referenced
versions.
The proposal reduces if not eliminates this burden. It will
authorize the use of PPE that meets the current versions of the
referenced standards, which as noted above OSHA has determined meet the
good design requirement and which therefore will be listed in the non-
mandatory appendices. Similarly, the proposal presumes that a future
national consensus standard, as described in this proposal, will meet
the good design requirement. The possibility that a future national
consensus standard will not be a good design standard is remote, and
employers will be able to rely on the presumption established by the
proposal with a high degree of confidence.
In sum, by replacing the existing PPE provisions with performance
requirements, the transition to the use of PPE built in accordance with
updated standards will occur more certainly and rapidly than it occurs
under the present OSHA standards. This will facilitate employer efforts
to improve the safety and health of employees by providing state of the
art PPE. In addition, the proposal does not add any compliance burdens
on employers.
4. Alternatives
In developing the proposal, OSHA considered several alternatives.
While some of these approaches had advantages, for the reasons stated
below, OSHA has decided preliminarily not to adopt them.
First, OSHA considered proposing to update the PPE standards by
incorporating the most current versions of the referenced national
consensus standards. As discussed above, OSHA has done this in the
past. However, this would provide only a short-term fix to the problem
of references to outdated consensus standards. In OSHA's view, this
approach would simply perpetuate the obstacles to using state-of-the
art PPE that are contained in the current OSHA standards.
Second, OSHA considered replacing the references to specific design
standards with performance-oriented language that would require the PPE
to provide the level of protection that a conscientious safety expert
would provide. In OSHA's view, the proposal is superior to this
alternative because it provides greater notice to employers of their
compliance obligations.
Finally, OSHA considered proposing specific performance-based
criteria, such as a particular level of impact-resistance, that the
various types of PPE would have to meet. The specific performance-based
criteria of design standards, however, are generally tied to particular
test methods, and employers are not in the best position to determine
if the performance-based criteria have been met. Thus, in OSHA's view,
the proposal is easier for employers to implement than a standard of
this type.

[[Page 27776]]

Moreover, OSHA believes that this alternative would tend to favor a
particular design standard at the potential expense of discouraging
adherence to future improved design standards.
5. Request for Comments
OSHA solicits comments on the proposal's combination of a general
good design requirement and the presumption that PPE constructed in
accordance with certain specific criteria complies with the good design
requirement. More specifically, OSHA solicits comments on the following
issues:
1. Does this approach provide employers with sufficient notice of
their legal obligations while also providing sufficient flexibility to
account for future developments in design standards for PPE?
2. Has OSHA accurately prescribed the criteria that will ensure
that a standard meeting those criteria will at least presumptively be a
good design standard? Are the criteria sufficiently clear for employers
to determine whether certain PPE meets the good design requirement? In
particular, can employers easily understand and apply the second
criterion--that a particular design standard be recognized in the
United States as providing specifications that result in an adequate
level of safety? If not, what criterion should be used to determine
whether a particular design standard is or is not recognized in the
United States as providing specifications that result in an adequate
level of safety?
3. Should the listing of a design standard in a Non-Mandatory
Appendix be conclusive on whether PPE constructed in accordance with
that standard meets the good design requirement?
4. Are there other publicly available design standards that are not
included in the proposed non-mandatory appendices that would provide an
adequate level of protection and therefore should be included in the
appendices?
5. Are there other alternatives the Agency should consider that
will provide sufficient notice to employers, appropriate protection for
employees, and flexibility to account for future developments in design
standards for PPE?
6. Are there PPE currently in use that were constructed in
accordance with national consensus standards not included in the
proposed appendices?

C. Deletions of Outdated References From Ventilation and Welding
Standards

Section 1910.94(a)(5)(v)(a) of OSHA's ventilation standard requires
that safety shoes comply with ANSI Z41.1-1967; Sec.
1910.252(b)(2)(ii)(I) of OSHA's welding standard requires filter lenses
and plates in protective eyewear to comply with the transmission test
for radiant energy prescribed in ANSI Z87.1-1968. OSHA is proposing to
delete these paragraphs. By doing so, OSHA intends for the safety shoes
required by Sec. 1910.94(a)(5)(v) to comply with revised section
1910.136(b) requiring footwear to meet good design standards. OSHA
intends for filter lenses and plates in protective eyewear required by
section 1910.252(b)(2) to comply with revised section 1910.133(b)
requiring eye and face protective devices to meet good design
standards. OSHA is not deleting the requirements in Sec. Sec. 1910.94
and 1910.252 that specify when, and under what conditions, employees
must use certain PPE; these requirements will remain in the affected
standards.
OSHA believes that these deletions will not increase compliance
burdens, including compliance costs. It is unlikely that employees are
using safety shoes that are manufactured in accordance with ANSI Z41.1-
1967. Instead, employees are presumably using shoes that were
manufactured in accordance with the 1991 or 1999 version or its current
replacement, ASTM F-2412-05 and 2413-05. Furthermore, OSHA believes
that virtually all employees affected by the welding standard use
eyewear that complies with ANSI Z87.1-1989, ANSI 87.1-1998, or ANSI
Z87.1-2003, rather than eyewear manufactured in accordance with the
1968 transmission test for radiant energy required in the existing OSHA
standard.
OSHA solicits comments on whether OSHA is correct that compliance
burdens would not increase under the proposal. OSHA also solicits
comments on whether OSHA should, rather than delete the paragraphs,
replace them with cross references to Sec. Sec. 1910.136(b) and
1910.133(b).

II. Legal Considerations

The purpose of the Occupational Safety and Health Act of 1970, 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 which
requires employers to maintain conditions or adopt practices that are
reasonably necessary or appropriate to provide safe or healthful
working conditions. 29 U.S.C. 652(8). A standard is reasonably
necessary or appropriate within the meaning of section 652(8) if, among
other things, a significant risk of material harm exists in the
workplace and the proposed standard would substantially reduce or
eliminate that workplace risk.
OSHA has already determined that requirements for PPE, including
design requirements, are reasonably necessary or appropriate within the
meaning of section 652(8). This proposed rule neither reduces employee
protection nor alters an employer's obligations under the existing OSHA
standard. Under the proposal, employers will be able to continue to use
the same equipment they have been using to meet their compliance
obligation under the existing standards' design criteria requirement.
The proposal provides guidance on additional PPE employers can use to
comply with the design criteria requirement by providing equivalent or
greater protection. By facilitating but not mandating the transition to
PPE constructed in accordance with updated versions of national
consensus standards, employee protection will increase and compliance
burdens on employers will stay the same or decrease. For these reasons,
OSHA is not required in this action to determine significant risk or
the extent to which the proposal would reduce that risk, as would
typically be required by Industrial Union Department, AFL-CIO v.
American Petroleum Institute, 448 U.S. 607 (1980).

III. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification

This action is not economically significant within the context of
Executive Order 12866, or a major rule under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking would impose 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 action allows for increased flexibility in choosing the PPE
used by employees. However, the rule does not require an employer to
update or replace its PPE solely as a result of this rule, if the PPE
currently in use meets the existing OSHA standard.

[[Page 27777]]

Furthermore, because the rule imposes no costs, OSHA certifies that
it would not have a significant impact on a substantial number of small
entities.

IV. Paperwork Reduction Act

This action does not impose new information collection requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30.

V. Federalism

OSHA has reviewed this proposed 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 there is clear constitutional authority and
the presence of a problem of national scope. Executive Order 13132
provides for preemption of State law only if there is a clear
congressional intent for the Agency to do so. Any such preemption is to
be limited to the extent possible.
Section 18 of the OSH Act, 29 U.S.C. 667, expresses Congress'
intent to preempt State laws where OSHA has promulgated occupational
safety and health standards. Under the OSH Act, a State can avoid
preemption on issues covered by Federal standards only if it submits,
and obtains Federal approval of, a plan for the development of such
standards and their enforcement (State-Plan State). 29 U.S.C. 667.
Occupational safety and health standards developed by such State-Plan
States must, among other things, 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 safety
and health standards.
This proposed rule complies with Executive Order 13132. In States
without OSHA-approved State Plans, this action limits State policy
options in the same manner as all OSHA standards. In State-Plan States,
this action does not significantly limit State policy options. As
explained below, State-Plan States will not have to adopt the proposal,
if it is promulgated as proposed.

VI. State Plan States

When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 26 States or U.S. Territories
with their own OSHA-approved occupational safety and health plans must
revise their standards to reflect the new standard or amendment, or
show OSHA why there is no need for action, e.g., because an existing
State standard covering this area is already at least as effective as
the new Federal standard or amendment. 29 CFR 1953.5(a). These 26
States and territories are: Alaska, Arizona, California, Connecticut
(plan covers only State and local government employees), Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, New Jersey (plan covers only State and local government
employees), New York (plan covers only State and local government
employees), North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Virgin Islands (plan covers only
territorial and local government employees), Washington, and Wyoming.
OSHA does not consider the proposal as proposing a change that will
trigger the requirements of Sec. 1953.5(a). Accordingly, State-Plan
States will not be required to adopt the proposal, if it is promulgated
as proposed, or show why there is no need for action on their part. At
the conclusion of the rulemaking proceedings, OSHA will advise State-
Plan States if OSHA intends to require them to inform OSHA of what
action, if any, they will take with regard to the matter covered by the
proposal. See 29 CFR 1953.4(b)(7).

VII. Unfunded Mandates Reform Act

This proposed rule has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For
the purposes of the UMRA, the Agency certifies that this proposed rule
does not impose any Federal mandate that may result in increased
expenditures by State, local, or tribal governments, in the aggregate,
or increased expenditures by the private sector, of more than $100
million in any year.

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

Incorporation by reference, Occupational safety and health,
Personal protective equipment.

VIII. Authority and Signature

This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
section 941 of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.); 5 U.S.C. 553, Secretary of Labor's Order 5-2002,
and 29 CFR part 1911.

Signed at Washington, DC this 10th day of May, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.

Proposed Amendments to Standards

The Occupational Safety and Health Administration is proposing to
amend parts 1910, 1915, 1917, and 1918 of Title 29 of the Code of
Federal Regulations as set forth below.

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--General

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

Authority: Secs. 4, 6, 8, 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), or 5-2002 (67 FR 65008), as applicable.
Section 1910.6 also issued under 5 U.S.C. Sec. 553. Sections
1910.6, 1910.7, and 1910.8 also issued under 29 CFR part 1911.
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5
U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular
A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

Sec. 1910.6 [Amended]

2. In Sec. 1910.6, paragraphs (e)(60), (e)(61), (e)(67), (e)(68),
(e)(70), (e)(71) are removed. Paragraphs (e)(62) through (e)(66) are
redesignated as paragraphs (e)(60) through (e)(64), respectively;
paragraph (e)(69) is redesignated as paragraph (e)(65); and paragraph
(e)(72) is redesignated as paragraph (e)(66).

Subpart G--Occupational Health and Environmental Control

3. The authority citation for subpart G of part 1910 is revised 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), or 5-2002 (67 FR
65008), as applicable; and 29 CFR part 1911.
Section 1910.94 also issued under 5 U.S.C. 553.

Sec. 1910.94 [Amended]

4. Section 1910.94 is amended by removing and reserving paragraph
(a)(5)(v)(a).

[[Page 27778]]

Subpart I--Personal Protective Equipment

5. The authority citation for subpart I of part 1910 is revised to
read as follows:

Authority: Sections 4, 6, and 8, 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), or 5-2002 (67 FR 65008), as
applicable.
Sections 1910.132, 1910.134, and 1910.138 also issued under 29
CFR part 1911.
Sections 1910.133, 1910.135, and 1910.136 also issued under 29
CFR part 1911 and 5 U.S.C. 553.

6. Paragraph (b) of Sec. 1910.133 is revised to read as follows:

Sec. 1910.133 Eye and face protection.

* * * * *
(b) Criteria for protective eye and face devices. (1) The employer
shall ensure that the protective eye and face devices are constructed
in accordance with good design standards. Equipment that is constructed
in accordance with an equipment design standard that meets the
following criteria will be presumed to be constructed in accordance
with good design standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix C to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective eye and face devices
that are constructed in accordance with any of the listed national
consensus standards will be deemed to meet the good design requirement
of paragraph (b)(1). Protective eye and face devices are not required
to be constructed in accordance with one of the listed standards, but
the protective eye and face devices must be constructed in accordance
with good design standards. To meet this requirement, the protective
eye and face device must provide protection equivalent to or greater
than a protective eye and face device of the same type that is
constructed in accordance with one of the listed national consensus
standards.
7. Paragraph (b) of Sec. 1910.135 is revised to read as follows:

Sec. 1910.135 Head protection.

* * * * *
(b) Criteria for protective helmets. (1) The employer shall ensure
that the protective helmets are constructed in accordance with good
design standards. A protective helmet that is constructed in accordance
with an equipment design standard that meets the following criteria
will be presumed to be constructed in accordance with good design
standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix C to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective helmets that are
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective helmets are not required to be constructed
in accordance with one of the listed standards, but the protective
helmets must be constructed in accordance with good design standards.
To meet this requirement, the protective helmet must provide protection
equivalent to or greater than a protective helmet of the same type that
is constructed in accordance with one of the listed national consensus
standards.
8. Paragraph (b) of Sec. 1910.136 is revised to read as follows:

Sec. 1910.136 Foot protection.

* * * * *
(b) Criteria for protective footwear. (1) The employer shall ensure
that the protective footwear is constructed in accordance with good
design standards. Protective footwear that is constructed in accordance
with an equipment design standard that meets the following criteria
will be presumed to be constructed in accordance with good design
standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix C to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective footwear that is
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective footwear is not required to be constructed
in accordance with one of the listed standards, but the protective
footwear must be constructed in accordance with good design standards.
To meet this requirement, the protective footwear must provide
protection equivalent to or greater than protective footwear of the
same type that is constructed in accordance with one of the listed
national consensus standards.
9. Appendix C to Subpart I is added as follows:

Appendix C to Subpart I of Part 1910--Criteria for Personal Protective
Equipment (Non-Mandatory)

This appendix lists equipment design standards that OSHA has
determined are ``good design standards'' as that phrase is used in
Sec. Sec. 1910.133(b), 1910.135(b), and 1910.136(b).
1. Good design standards for protective eye and face devices
(1910.133(b))
ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1998, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
2. Good design standards for protective helmets (1910.135(b))
ANSI Z89.1-2003, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1997, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--

[[Page 27779]]

Protective Headwear for Industrial Workers-Requirements''
3. Good design standards for protective footwear (1910.136(b))
ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Specification for Performance Requirements
for Protective Footwear.'' These two standards together constitute a
good design standard.
ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear''
ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear''

Subpart Q--Welding, Cutting and Brazing

10. The authority citation for subpart Q of part 1910 is revised to
read as follows:

Authority: Secs. 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), or 5-2002 (67 FR
65008), as applicable; and 29 CFR part 1911.

Section 1910.252 also issued under 5 U.S.C. 553.

Sec. 1910.252 [Amended]

11. Section 1910.252 is amended by removing and reserving paragraph
(b)(2)(ii)(I).

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

12. The authority citation for part 1915 is revised to read as
follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); secs. 4, 6, 8, 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), or 5-2002 (67
FR 65008), as applicable; and 29 CFR part 1911.

Sections 1915.5, 1915.153, 1915.155, and 1915.156 also issued
under 5 U.S.C. 553.

Sec. 1915.5 Incorporation by reference.

13. Section 1915.5 is amended by removing paragraphs (d)(1)(iv)
through (d)(1)(ix).
14. Paragraph (b) of Sec. 1915.153 is revised to read as follows:

Sec. 1915.153 Eye and face protection.

* * * * *
(b) Criteria for protective eye and face devices. (1) The employer
shall ensure that the protective eye and face devices are constructed
in accordance with good design standards. Equipment that is constructed
in accordance with an equipment design standard that meets the
following criteria will be presumed to be constructed in accordance
with good design standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix C to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective eye and face devices
that are constructed in accordance with any of the listed national
consensus standards will be deemed to meet the good design requirement
of paragraph (b)(1). Protective eye and face devices are not required
to be constructed in accordance with one of the listed standards, but
the protective eye and face devices must be constructed in accordance
with good design standards. To meet this requirement, the protective
eye and face device must provide protection equivalent to or greater
than a protective eye and face device of the same type that is
constructed in accordance with one of the listed national consensus
standards.
15. Paragraph (b) of Sec. 1915.155 is revised to read as follows:

Sec. 1915.155 Head protection.

* * * * *
(b) Criteria for protective helmets. (1) The employer shall ensure
that the protective helmets are constructed in accordance with good
design standards. A protective helmet that is constructed in accordance
with an equipment design standard that meets the following criteria
will be presumed to be constructed in accordance with good design
standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix C to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective helmets that are
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective helmets are not required to be constructed
in accordance with one of the listed standards, but the protective
helmets must be constructed in accordance with good design standards.
To meet this requirement, the protective helmet must provide protection
equivalent to or greater than a protective helmet of the same type that
is constructed in accordance with one of the listed national consensus
standards.
16. Paragraph (b) of Sec. 1915.156 is revised to read as follows:

Sec. 1915.156 Foot protection.

[[Page 27780]]

accordance with good design standards. To meet this requirement, the
protective footwear must provide protection equivalent to or greater
than protective footwear of the same type that is constructed in
accordance with one of the listed national consensus standards.
17. Appendix C to subpart I is added to read as follows:

Appendix C to Subpart I of Part 1915--Criteria for Personal Protective
Equipment (Non-Mandatory)

This appendix lists equipment design standards that OSHA has
determined are ``good design standards'' as that phrase is used in
sections 1915.153(b), 1915.155(b), and 1915.156(b).
1. Good design standards for protective eye and face devices
(1915.153(b))
ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1998, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
2. Good design standards for protective helmets (1915.155(b))
ANSI Z89.1-2003, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--
Requirements''
ANSI Z89.1-1997, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--
Requirements''
ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--
Requirements''
3. Good design standards for protective footwear (1915.156(b))
ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Specification for Performance Requirements
for Protective Footwear.'' These two standards together constitute a
good design standard.
ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear''
ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear''

PART 1917--MARINE TERMINALS

18. The authority citation for part 1917 is revised to read as
follows:

Authority: Sec. 41, Longshore and Harbor Worker's Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, 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), 6-96
(62 FR 111), or 5-2002 (67 FR 65008), as applicable; and 29 CFR part
1911.

Sections 1917.3, 1917.28, 1917.91, 1917.93, 1917.94 also issued
under 5 U.S.C. 553. Section 1917.29, also issued under Sec. 29,
Hazardous Materials Transportation Uniform Safety Act of 1990 (49
U.S.C. 1801-1819 and 5 U.S.C. 553).

Sec. 1917.3 [Amended]

19. Section 1917.3 is amended by removing paragraphs (b)(4) through
(b)(6) and redesignating paragraph (b)(7) as (b)(4).
20. Paragraph (a)(1) of Sec. 1917.91 is revised to read as
follows:

Sec. 1917.91 Eye and face protection.

(a)(1)(i) The employer shall ensure that each affected employee
uses appropriate eye and/or face protection where there are exposures
to eye and/or face hazards. Protective eye and face devices shall be
constructed in accordance with good design standards. Equipment that is
constructed in accordance with an equipment design standard that meets
the following criteria will be presumed to be constructed in accordance
with good design standards:
(A) The standard specifies the safety requirements for the
particular equipment;
(B) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(C) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(ii) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (a)(1)(i) of this section. Protective eye and face devices
that are constructed in accordance with any of the listed national
consensus standards will be deemed to meet the good design requirement
of paragraph (a)(1)(i). Protective eye and face devices are not
required to be constructed in accordance with one of the listed
standards, but the protective eye and face devices must be constructed
in accordance with good design standards. To meet this requirement, the
protective eye and face device must provide protection equivalent to or
greater than a protective eye and face device of the same type that is
constructed in accordance with one of the listed national consensus
standards.
* * * * *
21. Paragraph (b) of Sec. 1917.93 is revised to read as follows:

Sec. 1917.93 Head protection.

* * * * *
(b)(1) The employer shall ensure that the protective helmets are
constructed in accordance with good design standards. Protective
helmets that are constructed in accordance with an equipment design
standard that meets the following criteria will be presumed to be
constructed in accordance with good design standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective helmets that are
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective helmets are not required to be constructed
in accordance with one of the listed standards, but the protective
helmets must be constructed in accordance with good design standards.
To meet this requirement, the protective helmet must provide protection
equivalent to or greater than a protective helmet of the same type that
is constructed in accordance with one of the listed national consensus
standards.
* * * * *
22. Paragraph (b) of Sec. 1917.94 is revised to read as follows:

Sec. 1917.94 Foot protection.

[[Page 27781]]

(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective footwear that is
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective footwear is not required to be constructed
in accordance with one of the listed standards, but the protective
footwear must be constructed in accordance with good design standards.
To meet this requirement, the protective footwear must provide
protection equivalent to or greater than protective footwear of the
same type that is constructed in accordance with one of the listed
national consensus standards.
23. Appendix A to subpart E is added to read as follows:

Appendix A to Subpart E of Part 1917--Criteria for Personal Protective
Equipment (Non-Mandatory)

This appendix lists equipment design standards that OSHA has
determined are ``good design standards'' as that phrase is used in
Sec. Sec. 1917.91(a)(1), 1917.93(b), and 1917.94(b).
1. Good design standards for protective eye and face devices
(1917.91(a)(1))
ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1998, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
2. Good design standards for protective helmets (1917.93(b))
ANSI Z89.1-2003, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1997, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
3. Good design standards for protective footwear (1917.94(b))
ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Specification for Performance Requirements
for Protective Footwear.'' These two standards together constitute a
good design standard.
ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear''
ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear''

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

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

Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, 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), 6-96
(62 FR 111), or 5-2002 (67 FR 65008), as applicable; and 29 CFR part
1911.

Sections 1918.3, 1918.90, 1918.101, 1918.103, 1918.104 also
issued under 5 U.S.C. 553.
Section 1918.100 also issued under Sec. 29, Hazardous Materials
Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5
U.S.C. 553).

Sec. 1918.3 [Amended]

25. Section 1918.3 is amended by removing paragraphs (b)(4) through
(b)(6).
26. Paragraph (a)(1) of Sec. 1918.101 is revised to read as
follows:

Sec. 1918.101 Eye and face protection.

(a) * * *
(1)(i) Each affected employee uses appropriate eye and/or face
protection where there are exposures to eye and/or face hazards.
Protective eye and face devices shall be constructed in accordance with
good design standards. Equipment that is constructed in accordance with
an equipment design standard that meets the following criteria will be
presumed to be constructed in accordance with good design standards:
(A) The standard specifies the safety requirements for the
particular equipment;
(B) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(C) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(ii) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (a)(1)(i) of this section. Protective eye and face devices
that are constructed in accordance with any of the listed national
consensus standards will be deemed to meet the good design requirement
of paragraph (a)(1)(i). Protective eye and face devices are not
required to be constructed in accordance with one of the listed
standards, but the protective eye and face devices must be constructed
in accordance with good design standards. To meet this requirement, the
protective eye and face device must provide protection equivalent to or
greater than a protective eye and face device of the same type that is
constructed in accordance with one of the listed national consensus
standards.
* * * * *
27. Paragraph (b) of Sec. 1918.103 is revised to read as follows:

Sec. 1918.103 Head protection.

* * * * *
(b)(1) The employer shall ensure that the protective helmets are
constructed in accordance with good design standards. A protective
helmet that is constructed in accordance with an equipment design
standard that meets the following criteria will be presumed to be
constructed in accordance with good design standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective helmets that are
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective helmets are not required to be constructed
in accordance with one of the listed standards, but the protective
helmets must be constructed in accordance with good design standards.
To meet this requirement, the protective helmet must provide protection
equivalent to or greater than a protective eye and face device of the
same type

[[Page 27782]]

that is constructed in accordance with one of the listed national
consensus standards.
* * * * *
28. Paragraph (b) of Sec. 1918.104 is revised to read as follows:

Sec. 1918.104 Foot protection.

* * * * *
(b)(1) The employer shall ensure that the protective footwear is
constructed in accordance with good design standards. Protective
footwear that is constructed in accordance with an equipment design
standard that meets the following criteria will be presumed to be
constructed in accordance with good design standards:
(i) The standard specifies the safety requirements for the
particular equipment;
(ii) The standard is recognized in the United States as providing
specifications that result in an adequate level of safety; and
(iii) The standard was developed by a standards development
organization under a method providing for input and consideration of
views of industry groups, experts, users, governmental authorities, and
others having broad experience and expertise in issues related to the
design and construction of the particular equipment.
(2) Non-mandatory appendix A to this subpart contains examples of
national consensus standards that OSHA has determined meet the criteria
of paragraph (b)(1) of this section. Protective footwear that is
constructed in accordance with any of the listed national consensus
standards will be deemed to meet the good design requirement of
paragraph (b)(1). Protective footwear is not required to be constructed
in accordance with one of the listed standards, but the protective
footwear must be constructed in accordance with good design standards.
To meet this requirement, the protective footwear must provide
protection equivalent to or greater than protective footwear of the
same type that is constructed in accordance with one of the listed
national consensus standards.
29. Appendix A to subpart J is added to read as follows:

Appendix A to Subpart J of Part 1918--Criteria for Personal Protective
Equipment (Non-Mandatory)

This appendix lists equipment design standards that OSHA has
determined are ``good design standards'' as that phrase is used in
sections 1918.101(a)(1), 1918.103(b), and 1918.104(b).
1. Good design standards for protective eye and face devices
(1918.101(a)(1))
ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1998, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection''
2. Good design standards for protective helmets (1918.103(b))
ANSI Z89.1-2003, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1997, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
ANSI Z89.1-1986, ``American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers-
Requirements''
3. Good design standards for protective footwear (1918.104(b))
ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Specification for Performance Requirements
for Protective Footwear.'' These two standards together constitute a
good design standard.
ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear''
ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear''

[FR Doc. E7-9315 Filed 5-16-07; 8:45 am]
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