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OSHA Final Rules

Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment   [9/9/2009]
[PDF]
FR Doc E9-21360
[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Rules and Regulations]               
[Page 46350-46361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-20]                         

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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: Final rule.

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SUMMARY: OSHA is issuing this final rule to revise the personal 
protective equipment (PPE) sections of its general industry, shipyard 
employment, longshoring, and marine terminals standards regarding 
requirements for eye- and face-protective devices, head protection, and 
foot protection. OSHA is updating the references in its regulations to 
recognize more recent editions of the applicable national consensus 
standards, and is deleting editions of the national consensus standards 
that PPE must meet if purchased before a specified date. In addition, 
OSHA is amending its provision that requires safety shoes to comply 
with a specific American National Standards Institute (ANSI) standard, 
and a provision that requires filter lenses and plates in eye-
protective equipment to meet a test for transmission of radiant energy 
specified by another ANSI standard. In amending these paragraphs, OSHA 
will require this safety equipment to comply with the applicable PPE 
design provisions. These revisions are a continuation of OSHA's effort 
to update or remove references to specific consensus and industry 
standards located throughout its standards.

DATES: This final rule will become effective on October 9, 2009.
    The incorporation by reference of specific publications listed in 
this final rule is approved by the Director of the Federal Register as 
of October 9, 2009.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Contact Jennifer Ashley, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
    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; fax: (202) 693-1663.
    Copies of this Federal Register notice. Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, are also available at OSHA's Web page at http://
www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary and Explanation of the Final Rule
    A. General Background
    B. Revisions to the PPE Provisions of the OSHA Standards
    C. Discussion of Comments and Hearing Testimony
    D. Summary of the Final Rule
II. Procedural Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State-Plan States
    F. Unfunded Mandates Reform Act
III. Authority and Signature

I. Summary and Explanation of the Final Rule

A. General Background

    As discussed in a previous Federal Register document (69 FR 68283), 
OSHA is undertaking a series of projects to update its standards to 
incorporate the latest versions of national consensus and industry 
standards. These projects include updating or revoking national 
consensus and industry standards referenced in existing OSHA standards, 
updating regulatory text of standards adopted directly by OSHA from the 
language of outdated consensus standards, and, when appropriate, 
replacing specific references to outdated national consensus and 
industry standards with performance-oriented requirements.
    On May 17, 2007, OSHA published a Notice of Proposed Rulemaking 
(NPRM) (72 FR 27771) entitled ``Updating OSHA Standards Based on 
National Consensus Standards; Personal Protective Equipment.'' The NPRM 
set July 16, 2007, as a deadline for submitting comments and for 
requesting an informal public hearing on the proposed rule. The Agency 
received approximately 25 comments and 4 requests for an informal 
public hearing. OSHA then published a Federal Register notice 
scheduling an informal public hearing for December 4, 2007 (72 FR 
50302). The informal public hearing took place as scheduled, and OSHA 
received testimony from nine witnesses. Thomas M. Burke, Administrative 
Law Judge, presided at the hearing. At the end of the hearing, Judge 
Burke set deadlines of January 3, 2008, for submission of post-hearing 
comments, and February 4, 2008, for the submission of final summations 
and briefs. Judge Burke closed and certified the record for this 
rulemaking on June 23, 2008.

B. Revisions to the PPE Provisions of the OSHA Standards

1. Background of OSHA's PPE Standards
    Subpart I of OSHA's general industry standards contains design 
requirements for eye- and face-protective devices, head protection, and 
foot protection. (See 29 CFR 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 that the specified PPE comply with 
national consensus standards incorporated by reference into the OSHA 
standards, unless the employer demonstrates that a piece of equipment 
is as effective as equipment that complies with the incorporated 
national consensus standard. (See, e.g., 29 CFR 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,'' 
Chapter III.C.2.g; and memorandum from Richard Fairfax, Director, 
Directorate of Enforcement Programs to Regional Administrators (June 
19, 2006).)
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    The incorporated ANSI standards are over a decade old and, in some 
instances, are two decades old. Over this period, ANSI updated all of 
the standards, and, in one instance (i.e., the

[[Page 46351]]

ANSI Z41 standard for protective footwear), ANSI withdrew its standard 
when ASTM adopted a national consensus standard for protective 
footwear. In response, manufacturers began manufacturing PPE that 
conforms with the updated ANSI and ASTM standards. As a result, 
employers and employees have difficulty obtaining PPE manufactured in 
accordance with the national consensus standards incorporated earlier 
in OSHA standards. OSHA estimates that these types of PPE last about 
two to four years. (See OSHA Docket S-060, ``Preliminary Regulatory 
Impact & Regulatory Flexibility Analysis of the Personal Protective 
Equipment Standard,'' Table IV-2 (U.S. Department of Labor, OSHA, 
Office of Regulatory Analysis, June 30, 1989).)
2. Updating OSHA's PPE Standards
    In the past, OSHA updated its PPE standards by revising them to 
incorporate recent versions of the national consensus standards, while 
leaving the earlier versions of these national consensus standards in 
the regulatory text. (See 59 FR 16360 (April 6, 1994).) This action 
temporarily alleviated the problem of trying to obtain PPE manufactured 
in accordance with an earlier version of a national consensus standard, 
but it ensured that the problem would arise again as the later versions 
of the standards superseded the newly incorporated versions. To 
alleviate this problem, OSHA proposed to replace the references to 
specific national consensus standards with a performance-oriented 
``good-design'' requirement. (72 FR 27771.) The proposed rule provided 
guidance on how employers could meet the good-design requirement. It 
also included nonmandatory appendices listing those national consensus 
standards that OSHA had determined were good-design standards that 
would meet the good-design requirement. To ensure that the appendices 
remained useful in the future, OSHA promised in the proposal to use 
direct-final rulemaking to incorporate future editions of consensus 
standards into the nonmandatory appendices. The proposed rule also 
deleted older, out-of-date consensus standards that OSHA had 
incorporated into its standards to allow employers to continue using 
PPE they had purchased before a specified date. OSHA noted that the 
proposed rule did not alter the duties of employers because it only 
provided employers with additional options for meeting their duty under 
the design-criteria provisions of OSHA's existing PPE standards.
    The proposed rule also deleted a paragraph in Sec.  1910.94 and 
another paragraph in Sec.  1910.252, which reference, respectively, 
specific versions of American National Standards Institute (ANSI) 
standards on foot protection and eye- and face-protective devices. OSHA 
explained that, in deleting these references, the relevant design 
provisions of the general industry PPE standard would apply to these 
types of PPE.

C. Discussion of Comments and Hearing Testimony

1. Updating References to Consensus Standards
    Commenters universally agreed with OSHA's proposal to update the 
references to national consensus standards. However, a significant 
majority, including employee representatives, PPE manufacturers, and 
safety professionals opposed the proposed replacement of specific 
references to national consensus standards in the regulatory text with 
a performance-oriented good-design requirement and a nonmandatory 
appendix. (See, e.g., AFL-CIO (OSHA-2007-0044-0023); U.S. Safety (Ex. -
0024); International Safety Equipment Association (ISEA) (Ex. -0025); 
American Society of Safety Engineers (ASSE) (Ex. -0029); see also 3M 
Company (Ex. -0026) (expressing support for performance-oriented 
approach, but recommending that appendices be mandatory and that OSHA 
only list ANSI and ASTM standards as good-design standards at this 
time).) A few trade associations representing employers generally 
supported the proposal's performance-oriented approach, but also noted 
the widespread use of PPE that meets ANSI and ASTM standards and, in 
one case, the need to ensure that other ``good design standards'' were 
developed using a process comparable to the processes ANSI and ASTM 
use. (See National Grain and Feed Association and Grain Elevator and 
Processing Society (Ex. OSHA-2007-0044-0027); American Bakers 
Association (Ex. -0028); National Automobile Dealers Association (NADA) 
(Ex. -0047; see, also, International Association of Drilling 
Contractors (Ex. -0022) (expressing concerns with the proposal, but 
apparently implicitly endorsing the performance-oriented approach).) 
Three government agencies commented on the proposal. All three 
supported updating the out-of-date standards. (See Kentucky Department 
of Labor, Office of Occupational Safety and Health (Ex. OSHA-2007-0044-
0021); North Carolina Department of Labor, Occupational Safety and 
Health Division (Ex. -0034); NIOSH (Ex. -0037)). All witnesses who 
participated at the hearing testified in opposition to the proposed 
good-design approach. (See Ex. OSHA-2007-0044-0059.)
    In general, the commenters noted that the proposal was confusing, 
(e.g., AFL-CIO (Ex. OSHA-2007-0044-0023)), that it removed a 
``baseline'' level of protection from the standards, (see, e.g., ISEA 
(Ex. -0025)), that the criteria defining a good-design standard were 
too vague and subjective, (see, e.g., ASSE, Tr. at 84-85), and that the 
proposal could result in less employee protection (see, e.g., U.S. 
Safety (Ex. -0024)). In addition, the AFL-CIO asserted that OSHA could 
alleviate the administrative and practical difficulties associated with 
outdated national consensus standards by updating the OSHA standards 
through direct-final rulemaking. (See Ex. OSHA-2007-0044-0023; Tr. 95-
96.)
    OSHA believes that, for the most part, these and other criticisms 
of the proposal represent a misunderstanding of the proposal or 
overstate the effects of the proposed good-design requirement. For 
example, numerous commenters noted that the proposed rule eliminated a 
baseline level of PPE protection. (See, e.g., ISEA (Ex. OSHA-2007-0044-
0025) and ASSE (Tr. at 84-85).) These concerns appear to overlook the 
provision in the proposal that required the PPE to provide protection 
equivalent to or greater than PPE that was constructed in accordance 
with one of the national consensus standards listed in the nonmandatory 
appendices, which included national consensus standards already 
incorporated into the OSHA standards. (See, e.g., proposed Sec.  
1910.133(b)(2) in 72 FR 27775.)
    Several commenters expressed concern that allowing employers to 
select PPE that provided protection equivalent to PPE constructed in 
accordance with a listed ANSI standard was subject to abuse. (See ISEA 
(Tr. at 40-41); ASSE (Ex. OSHA-2007-0044-0029) and (Tr. at 79).) 
Although OSHA cannot rule out the possibility that employers could 
incorrectly claim that PPE constructed in accordance with a non-ANSI 
design standard provides an appropriate level of protection, the Agency 
notes that, in the case of the current general industry and shipyard 
employment PPE provisions, employers could make the same claim. (See, 
e.g., 29 CFR 1910.133(b)(2).)
    Finally, a few commenters remarked that employee protection may 
decrease because OSHA, at a later date, could approve, for inclusion in 
the

[[Page 46352]]

nonmandatory appendices, a design standard that did not provide an 
adequate level of protection. (See, e.g., ASSE (Ex. OSHA-2007-0044-
0029, and Tr. at 79).) These commenters, however, did not provide a 
basis for this comment. Moreover, OSHA notes that such action would be 
counter to its long-standing policy to adopt new requirements only if 
they provide employees with equivalent or increased protection. In any 
event, adding a design standard to the nonmandatory appendices would be 
subject to notice-and-comment rulemaking.
    OSHA believes that the widespread opposition to the good-design 
provision indicates possible misapplication of the standard if adopted 
as proposed. In addition, the widespread support for continued 
incorporation of national consensus standards convinces OSHA that using 
direct-final rulemaking to update references to national consensus 
standards may alleviate the administrative and practical problems that 
arise when OSHA standards require compliance with outdated national 
consensus standards.\2\ Accordingly, OSHA is not adopting the proposed 
good-design approach.
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    \2\ OSHA will use the direct-final rulemaking process to update 
national consensus standards referenced in its PPE standards when it 
is appropriate to do so (see, J. Lubbers, A Guide to Federal Agency 
Rulemaking, at 115-119 (4th ed. 2006)).
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    Instead, OSHA revised the text of the final rules to allow 
employers to meet the design requirements of its PPE standards by using 
PPE constructed in accordance with any of three national consensus 
standards--the two most recent national consensus standards and the 
national consensus standard incorporated in the current OSHA standards. 
Additionally, the final rules maintain the option employers currently 
have to use PPE that is not manufactured in accordance with one of the 
listed consensus standards if the employer can demonstrate that the PPE 
it selects is as protective as PPE constructed in accordance with one 
of the incorporated consensus standards. The final regulatory text 
responds to the numerous requests that OSHA continue to incorporate, 
and require compliance with, specific national consensus standards. 
(See, e.g., Tr. at 44-45 and 95-97; Exs. OSHA-2007-0044-0023 and -
0048).)
2. Miscellaneous Comments
    ISEA, in its written comments, recommended that OSHA amend Appendix 
B to Sec.  1910, subpart I (``Selection Guidelines for Head 
Protection'') to conform to the recent edition of ANSI Z89.1 (see Ex. 
OSHA-2007-0044-0025). Beginning with the ANSI Z89.1-1997 standard, ANSI 
updated the classification system for protective helmets. In this 
edition and in the subsequent edition, ANSI classified the type and 
class of protective helmets differently than it did in the current 
OSHA-incorporated 1986 edition. Consequently, ANSI no longer uses the 
old designations--Type 1 (hats) and Type 2 (caps). The electrical 
insulation classifications of Class G (General--tested to 2200V), Class 
E (Electrical--tested to 20,000V), and Class C (Conductive--no 
electrical protection) replace former Classes A, B, and C, 
respectively, to make the designations more user-friendly. Therefore, 
the Agency is amending paragraph 9 of nonmandatory Appendix B to Sec.  
1910, subpart I by adding a discussion clarifying the relationship 
between the old classification system and the new classification 
system.
    A number of commenters and witnesses addressed matters that are 
beyond the scope of this rulemaking. For example, several commenters 
and witnesses recommended that OSHA require third-party certification 
or independent testing of PPE. (See Tr. at 83; Exs. OSHA-2007-0044-0031 
and -0037.) One commenter asked OSHA to address respirators in this 
rulemaking (Ex. OSHA-2007-0044-0003). Other commenters addressed who 
had responsibility for paying for PPE (Exs. OSHA-2007-0044-0004 and -
0034), an issue OSHA resolved in a previous rulemaking (see 72 FR 
64342). Two commenters requested that OSHA supply free national 
consensus standards to interested parties (Exs. OSHA-2007-0044-0017 and 
-0020). Regarding this request, OSHA notes that copyright laws protect 
national consensus standards referenced in its standards, although 
copies of these national consensus standards are available for viewing 
only at OSHA's Docket Office, libraries at OSHA Regional Offices, and 
the U.S. National Archives and Records Administration.
    Some commenters (Exs. OSHA-2007-0044-0021 and -0034) and witnesses 
(Tr. at 18-19 and 51-52) questioned the Agency's decision not to 
include the construction industry in this rulemaking. OSHA responded at 
the hearing that it had decided not to include the construction 
industry because of the size of the undertaking and OSHA's limited 
resources. (Tr. at 18-19).
3. Deleting Outdated References From Ventilation and Welding Standards
    OSHA did not receive any comments on its proposal to delete 
paragraph (a)(5)(v)(a) in Sec.  1910.94 and paragraph (b)(2)(ii)(I) in 
Sec.  1910.252,\3\ which reference, respectively, specific versions of 
American National Standards Institute (ANSI) standards on foot 
protection and eye- and face-protective devices.
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    \3\ The NPRM also requested public comment on (1) its assumption 
that the proposed revisions would not increase compliance burdens, 
and (2) whether it should replace these paragraphs with cross 
references to Sec. Sec.  1910.136(b) and 1910.133(b). The Agency 
received no comment on either issue.
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    Paragraph (a)(5)(v)(a) of Sec.  1910.94 requires that safety shoes 
used by abrasive-blasting operators comply with ANSI Z41.1-1967, while 
Sec.  1910.252(b)(2)(ii)(I) specifies that filter lenses and plates 
used in protective eyewear for welding must comply with the 
transmission test for radiant energy prescribed in ANSI Z87.1-1968. 
These references are outdated and, therefore, OSHA is amending these 
paragraphs so that they are consistent with OSHA's revisions to 
Sec. Sec.  1910.133(b) and 1910.136(b).

D. Summary of the Final Rule

    With this rulemaking, OSHA is updating the references to national 
consensus standards in the PPE sections of its general industry, 
shipyard employment, longshoring, and marine terminals rules, thereby 
explicitly allowing employers to use PPE constructed in accordance with 
the most recent national consensus standards. Numerous comments and 
hearing testimony persuaded OSHA to leave the references to national 
consensus standards in the regulatory text of the final standard. In 
this regard, the Agency decided to allow employers to use any of three 
editions of the national consensus standards, which consist of the 
post-1986 editions they must use currently and either of the two most 
recent editions of these standards. This action is consistent with the 
notice provided by the NPRM (72 FR 27771).
    The final regulatory text addresses 3M's written comment that, even 
though 3M supports the proposal's performance-oriented approach, the 
proposal's nonmandatory appendix should be mandatory (Ex. OSHA-2007-
0044-0026). Similarly, it is consistent with the recommendation made by 
several trade associations that employers should be able to comply with 
their obligations under the proposed rule by continuing to use PPE 
constructed in accordance with ANSI

[[Page 46353]]

and ASTM standards. (See National Grain and Feed Association and Grain 
Elevator and Processing Society (Ex. OSHA-2007-0044-0027); American 
Bakers Association (Ex. -0028); NADA (Ex. -0047); see, also, 
International Association of Drilling Contractors (Ex. -0022) (stating 
that OSHA ``may wish to consider including International Standards 
Organization (ISO) standards'' to the list of standards in the 
nonmandatory appendices).)
    In developing the final rule, the Agency had to decide whether to 
allow employers to continue using the editions of the national 
consensus standards currently incorporated in its PPE standards. In 
this regard, several commenters and witnesses recommended that OSHA 
delete references to the versions of the national consensus standards 
that are currently incorporated in the OSHA standards, (see, e.g., Ex. 
OSHA-2007-0044-0025; Tr. at 81). However, OSHA received testimony from 
several witnesses at the hearing that the PPE designed under a previous 
standard generally remains safe to use even though it may not conform 
totally with the most recent standard, and that allowing employers to 
use this PPE would permit them to deplete inventories before they have 
to purchase new PPE (Tr. at 90 and 140-143). In addition to these 
comments, OSHA proposed in the NPRM to list these editions in the 
nonmandatory appendices as examples of national consensus standards 
that met the proposal's good design requirement, thereby demonstrating 
OSHA's confidence in the level of employee protection afforded by these 
national consensus standards. The Agency also noted in the NPRM that 
the rulemaking would place no economic burden on employers who may 
still be using PPE constructed in accordance with the currently 
incorporated editions of the national consensus standards, implying 
that these employers could continue using this equipment.\4\ Therefore, 
based on the witness testimony and its statements in the NPRM, OSHA is 
retaining references to post-1986 editions of the national consensus 
standards currently incorporated in its PPE standards.
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    \4\ In the NPRM, OSHA specifically noted that it did not believe 
that employers were still using PPE constructed in accordance with 
the ANSI standards that it adopted to allow employers to continue to 
use PPE they purchased before a specified date, and proposed to 
delete any reference to these consensus standards from the PPE 
standards. OSHA received no comments indicating that employers were 
using such PPE currently.
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    The regulatory text in the final standards also is consistent with 
OSHA's need to alleviate the administrative and practical problems that 
arise when current OSHA standards require compliance with outdated 
national consensus standards and updated national consensus standards 
are available that would enable employers to use PPE that meets design 
requirements that would provide employees with an equivalent or 
increased level of protection. Although the final rule does not 
alleviate the administrative and practical problems completely, OSHA 
believes that using direct-final rulemaking will reduce substantially 
the burden of revising this final regulatory text to incorporate future 
national consensus standards as ANSI and other standards-development 
organizations develop them.
    The safety shoes required by Sec.  1910.94(a)(5)(v)(a) must comply 
with the updated national consensus standards referenced in Sec.  
1910.136(b)(1), while the filter lenses and plates in protective 
eyewear required by Sec.  1910.252(b)(2) must meet one of the tests for 
radiant-energy transmission prescribed in the ANSI standards 
incorporated by the updated Sec.  1910.133(b)(1).
    OSHA believes these deletions of references to specific outdated 
consensus standards will not increase compliance burdens, including 
compliance costs, because it is unlikely that employers are using 
safety shoes and eyewear manufactured in accordance with ANSI Z41.1-
1967 and ANSI Z87.1-1968, respectively. (See Tr. at 55 (ISEA 
representative testifying that employers cannot purchase PPE built to 
the ANSI standards that are currently incorporated in OSHA's 
standards).) Instead, the Agency presumes that employers are using 
safety shoes manufactured in accordance with the 1991 or 1999 editions 
of ASTM F-2412-05 and ASTM F-2413-05, and eyewear that complies with 
ANSI Z87.1-1989, ANSI 87.1-1989 (R-1998), or ANSI Z87.1-2003.
    Regarding safety shoes, OSHA believes that shoes constructed 
according to recent national consensus standards provide an appropriate 
level of protection, and, moreover, that it is difficult for employers 
to purchase shoes constructed in accordance with the referenced 1967 
national consensus standard. Similarly, although it is feasible to 
purchase protective eye wear that meets an outdated test, if the 
protective eye wear meets a subsequent test that provides equivalent or 
greater protection, it is unnecessarily confusing to explicitly require 
conformity to an outdated test when meeting a more current test 
provides the required level of protection. Accordingly, OSHA believes 
that complying with related OSHA standards (i.e., Sec. Sec.  
1910.133(b) and 1910.136(b)) will provide employees with the latest PPE 
technology while also easing employers' compliance obligations. In the 
final rule, OSHA revised the phrase ``filter lens and plates'' to 
``filter lens'' to conform to the definitions in the recent ANSI 
standards. The newly incorporated ANSI standards do not define 
``plates,'' and the definitions of ``filter lens'' in these standards 
are broad enough to encompass ``plates'' as the term was used in Sec.  
1910.252(b)(2)(ii)(I) and the 1968 ANSI standard. OSHA does not 
consider this revision to be substantive.
    OSHA is retaining in the final rules the proposed provision 
allowing employers to use PPE not manufactured in accordance with one 
of the incorporated national consensus standards when the employers 
meet their burden to demonstrate that the PPE they use provides 
employee protection that is at least as effective as PPE constructed in 
accordance with the appropriate incorporated national consensus 
standard. This provision allows employers to use subsequent national 
consensus standards that they can demonstrate provide the requisite 
level of employee protection. Differences in this provision, compared 
to similar provisions in OSHA's current PPE standards, are editorial 
only, and do not alter the substantive requirements of the current 
standards.
    This rulemaking also deletes the paragraphs in Sec. Sec.  1910.94 
and 1910.252 that reference pre-1970 ANSI standards on foot protection 
and eye- and face-protective devices, respectively. Instead, employers 
must comply with Sec. Sec.  1910.136(b) and 1910.133(b), which consist, 
respectively, of requirements for foot protection and eye- and face-
protective devices newly updated under this rulemaking.
    Finally, the Agency plans in the future to update the national 
consensus standards referenced in its PPE standards as new editions 
become available. Once OSHA determines that a new edition of a national 
consensus standard provides protection that is equal to or greater than 
the editions currently incorporated into its PPE standards, the Agency 
will use appropriate rulemaking, including direct-final rulemaking, to 
incorporate the new editions, and to remove outdated editions, from the 
regulatory text.

[[Page 46354]]

II. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH 
Act), 29 U.S.C. 651 et seq., is to achieve to the extent possible safe 
and healthful working conditions for all employees. 29 U.S.C. 651(b). 
To achieve this goal, Congress authorized the Secretary of Labor to 
promulgate and enforce occupational safety and health standards. 29 
U.S.C. 654(b), 655(b). A safety or health standard is a standard that 
requires 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) of the 
OSH Act if a significant risk of material harm exists in the workplace 
and the proposed standard would substantially reduce or eliminate that 
workplace risk. OSHA already determined that requirements for PPE, 
including design requirements, are reasonably necessary or appropriate 
within the meaning of Section 652(8). The final rule neither reduces 
employee protection nor alters an employer's obligations under the 
existing standard. Under the final rule, 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 
requirements. The final rule provides employers with additional options 
for meeting the design-criteria requirement--options most employers 
already are using. Therefore, this final rule does not alter the 
substantive protection that must be provided to employees and the 
compliance burdens on employers. Accordingly, OSHA need not, in this 
rulemaking, determine significant risk or the extent to which the final 
rule will reduce that risk, as typically required by Industrial Union 
Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607 
(1980).

B. Final 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 imposes no additional costs on any private 
or public sector entity, and does not meet any of the criteria for an 
economically significant or major rule specified by the Executive Order 
or relevant statutes.
    This rulemaking allows employers increased flexibility in choosing 
PPE for employees. However, the final 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 standards. Furthermore, because the 
rule imposes no costs, OSHA certifies that it would not have a 
significant impact on a substantial number of small entities.

C. OMB Review Under the Paperwork Reduction Act of 1995

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

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. Any such 
preemption is to be limited to the extent possible.
    Under Section 18 of the Occupational Safety and Health Act of 1970 
(OSH Act; 29 U.S.C. 667), Congress expressly provides that States may 
adopt, with Federal approval, a plan for the development and 
enforcement of occupational safety and health standards; States that 
obtain Federal approval for such a plan are referred to as ``State-Plan 
States.'' (29 U.S.C. 667.) Occupational safety and health standards 
developed by State-Plan States must be at least as effective in 
providing safe and healthful employment and places of employment as the 
Federal standards. Subject to these requirements, State-Plan States are 
free to develop and enforce under State law their own requirements for 
occupational safety and health standards.
    While OSHA drafted this final rule to protect employees in every 
State, Section 18(c)(2) of the Act permits State-Plan States and 
Territories to develop and enforce their own standards for the design 
of personal-protective equipment 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 rulemaking limits State 
policy options in the same manner as other OSHA standards. In State-
Plan States, this rulemaking does not significantly limit State policy 
options because, as explained in the following section, State-Plan 
States do not have to adopt the 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 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 such action is unnecessary, e.g., because 
an existing State standard covering this area is at least as effective 
as the new Federal standard or amendment. 29 CFR 1953.5(a). In this 
regard, the State standard must be at least as effective as the final 
Federal rule, must be applicable to both the private and public (State 
and local government employees) sectors, and the States must complete 
the rulemaking within six months of the publication date of the 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 encourages them to do so. The 26 States and U.S. Territories with 
OSHA-approved occupational safety and health plans are: 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; Connecticut, 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

[[Page 46355]]

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

    OSHA reviewed this final rule in accordance with the Unfunded 
Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive 
Order 12875 (58 FR 58093). As discussed above in Section II.B (``Final 
Economic Analysis and Regulatory Flexibility Certification'') of this 
preamble, OSHA determined that this final rule imposes no additional 
costs on any private- or public-sector entity. Accordingly, this final 
rule requires no additional expenditures by either public or private 
employers.
    As noted above under Section II.E (``State-Plan States''), OSHA's 
standards do not apply to State and local governments except in States 
that elected voluntarily to adopt a State Plan approved by the Agency. 
Consequently, this final rule does not meet the definition of a 
``Federal intergovernmental mandate'' (see Section 421(5) of the UMRA 
(2 U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the Agency 
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.

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

    Cutting and brazing, Eye and face protection, Foot protection, Head 
protection, Incorporation by reference, Ventilation, and Welding.

III. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210, directed the preparation of this final rule. 
OSHA is issuing this final rule pursuant to Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 5 
U.S.C. 553, Secretary of Labor's Order 5-2007 (72 FR 31160), and 29 CFR 
part 1911.

    Signed at Washington, DC, this 28th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

0
For the reasons stated above in the preamble, the Occupational Safety 
and Health Administration is amending 29 CFR parts 1910, 1915, 1917, 
and 1918 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

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

    Authority: Sections 4, 6, 8, Occupational Safety and Health Act 
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Orders 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), 
and 5-2007 (72 FR 31160), as applicable.
    Sections 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; Public Law 106-113 (113 Stat. 1501A-222); and OMB 
Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).


0
2. Amend Sec.  1910.6 as follows:
0
a. Revise paragraphs (a)(2) and (a)(4)
0
b. Revise paragraph (e) introductory text
0
c. Revise paragraphs (e)(60), (e)(61), and (e)(67) through (e)(72)
0
d. Add new paragraphs (e)(73), (74), (75), (76), and (77)
0
e. Revise paragraph (h) introductory text
0
f. Add new paragraphs (h)(20) and (h)(21)
    The additions and revisions read as follows:


Sec.  1910.6  Incorporation by reference.

    (a) * * *
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
* * * * *
    (4) Copies of standards listed in this section and issued by 
private standards organizations are available for purchase from the 
issuing organizations at the addresses or through the other contact 
information listed below for these private standards organizations. In 
addition, these standards are available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of these standards at NARA, telephone: 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627).
* * * * *
    (e) Except as noted, copies of the standards listed below in this 
paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, 
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
    (60) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1910.136(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (61) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1910.136(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
* * * * *
    (67) ANSI Z87.1-2003, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec. Sec.  1910.133(b)(1)(i) and 1910.252(b)(2)(ii)(I)(1). Copies of 
ANSI Z87.1-2003 are available for purchase only from the American 
Society of Safety Engineers, 1800 East Oakton Street, Des Plaines, IL 
60018-2187; telephone: 847-699-2929; or from the International Safety 
Equipment Association (ISEA), 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (68) ANSI Z87.1-1989 (R-1998), American National Standard Practice 
for

[[Page 46356]]

Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1910.133(b) (1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are 
available for purchase only from the American Society of Safety 
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187; 
telephone: 847-699-2929.
    (69) ANSI Z87.1-1989, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1910.133(b)(1)(iii). Copies of ANSI Z87.1-1989 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
    (70) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR 
approved for Sec. Sec.  1910.94(c)(6)(iii)(a), 1910.134(c); and 
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii), 
(h)(2)(iv), and (i)(4).
    (71) ANSI Z89.1-2003, American National Standard for Industrial 
Head Protection; IBR approved for Sec.  1910.135(b)(1)(i). Copies of 
ANSI Z89.1-2003 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (72) ANSI Z89.1-1997, American National Standard for Industrial 
Head Protection; IBR approved for Sec.  1910.135(b)(1)(ii). Copies of 
ANSI Z89.1-1997 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (73) ANSI Z89.1-1986, American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements; 
IBR approved for Sec.  1910.135(b)(1)(iii).
    (74) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for 
Sec.  1910.261(i)(4).
    (75) ANSI Z87.1-1968 Practice of Occupational and Educational Eye 
and Face Protection; IBR approved for Sec.  1910.261(a)(3)(xxv), 
(d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
    (76) ANSI Z89.1-1969 Safety Requirements for Industrial Head 
Protection; IBR approved for Sec.  1910.261(a)(3)(xxvii), (b)(2), 
(g)(15)(v), and (i)(4).
    (77) ANSI Z89.2-1971 Safety Requirements for Industrial Protective 
Helmets for Electrical Workers, Class B; IBR approved for Sec.  
1910.268(i)(1).
* * * * *
    (h) Copies of the standards listed below in this paragraph are 
available for purchase from ASTM International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://
www.astm.org:
* * * * *
    (20) ASTM F-2412-2005, Standard Test Methods for Foot Protection; 
IBR approved for Sec.  1910.136(b)(1)(i).
    (21) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1910.136(b)(1)(i).
* * * * *

Subpart G--[Amended]

0
3. The authority citation for subpart G 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 
Orders 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), or 5-2007 (72 FR 31160), as applicable; and 29 CFR 
part 1911.

0
4. Revise paragraph (a)(5)(v)(a) of Sec.  1910.94 to read as follows:


Sec.  1910.94  Ventilation.

    (a) * * *
    (5) * * *
    (v) * * *
    (a) Protective footwear must comply with the requirements specified 
by 29 CFR 1910.136(b)(1).
* * * * *

Subpart I--[Amended]

0
5. Revise the authority citation for subpart I of part 1910 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 
Orders 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), or 5-2007 (72 FR 31160), as applicable.
    Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued 
under 29 CFR part 1911.
    Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued 
under 29 CFR part 1911 and 5 U.S.C. 553.


0
6. Revise paragraph (b) of Sec.  1910.133 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 Z87.1-2003, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z87.1-1989 (R-1998), ``American National Standard 
Practice for Occupational and Educational Eye and Face Protection,'' 
which is incorporated by reference in Sec.  1910.6; or
    (iii) ANSI Z87.1-1989, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1910.6.
    (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.
* * * * *

0
7. Revise paragraph (b) of Sec.  1910.135 to read as follows:


Sec.  1910.135  Head protection.

* * * * *
    (b) Criteria for head protection. (1) Head protection must comply 
with any of the following consensus standards:
    (i) ANSI Z89.1-2003, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z89.1-1997, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1910.6; 
or
    (iii) ANSI Z89.1-1986, ``American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements,'' 
which is incorporated by reference in Sec.  1910.6.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head 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.

0
8. Revise paragraph (b) of Sec.  1910.136 to read as follows:


Sec.  1910.136  Foot protection.

* * * * *
    (b) Criteria for protective footwear. (1) Protective footwear must 
comply with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot 
Protection,'' and ASTM F-2413-2005, ``Standard Specification for 
Performance

[[Page 46357]]

Requirements for Protective Footwear,'' which are incorporated by 
reference in Sec.  1910.6;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1910.6; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1910.6.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

0
9. Add a paragraph at the end of paragraph 9 in Appendix B to subpart I 
that reads as follows:

Appendix B to Subpart I to Part 1910--Non-Mandatory Compliance 
Guidelines for Hazard Assessment and Personal Protective Equipment 
Selection

* * * * *
    9. Selection guidelines for head protection. * * *
    Beginning with the ANSI Z89.1-1997 standard, ANSI updated the 
classification system for protective helmets. Prior revisions used 
type classifications to distinguish between caps and full brimmed 
hats. Beginning in 1997, Type I designated helmets designed to 
reduce the force of impact resulting from a blow only to the top of 
the head, while Type II designated helmets designed to reduce the 
force of impact resulting from a blow to the top or sides of the 
head. Accordingly, if a hazard assessment indicates that lateral 
impact to the head is foreseeable, employers must select Type II 
helmets for their employees. To improve comprehension and 
usefulness, the 1997 revision also redesignated the electrical-
protective classifications for helmets as follows: ``Class G--
General''; helmets designed to reduce the danger of contact with 
low-voltage conductors; ``Class E--Electrical''; helmets designed to 
reduce the danger of contact with conductors at higher voltage 
levels; and ``Class C--Conductive''; helmets that provide no 
protection against contact with electrical hazards.
* * * * *

Subpart Q--[Amended]

0
10. The authority citation for subpart Q 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 
Orders 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), or 5-2007 (72 FR 31160), as applicable; and 29 CFR 
part 1911.


0
11. Revise paragraph (b)(2)(ii)(I) of Sec.  1910.252 to read as 
follows:


Sec.  1910.252  General requirements.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (I) Filter lenses must meet the test for transmission of radiant 
energy prescribed by any of the consensus standards listed in 29 CFR 
1910.133(b)(1).
* * * * *

PART 1915--[AMENDED]

0
12. 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 Orders 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), or 5-2007 (72 FR 31160), 
as applicable; and 29 CFR part 1911.

Subpart A--[Amended]

0
13. Amend Sec.  1915.5 as follows:
0
a. Revise paragraphs (b) and (c).
0
b. Revise paragraph (d)(1) introductory text.
0
c. Revise paragraphs (d)(1)(iv) through (d)(1)(ix).
0
c. Add new paragraphs (d)(1)(x), and (d)(1)(xi).
0
d. Add new paragraph (d)(5).
    The revision and additions read as follows:


Sec.  1915.5  Incorporation by reference.

* * * * *
    (b)(1) The standards listed in paragraph (d) of this section are 
incorporated by reference in the corresponding sections noted as the 
sections exist on the date of the approval, and a notice of any change 
in these standards will be published in the Federal Register. The 
Director of the Federal Register approved these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
    (c) Copies of standards listed in this section and issued by 
private standards organizations are available for purchase from the 
issuing organizations at the addresses or through the other contact 
information listed below for these private standards organizations. In 
addition, these standards are available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of these standards at NARA, telephone: 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627).
    (d)(1) Except as noted, copies of the standards listed below in 
this paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, 
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
    (iv) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (v) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (vi) ANSI Z87.1-2003, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1915.153(b)(1)(i). Copies of ANSI Z87.1-2003 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or 
from the International Safety Equipment Association (ISEA), 1901 North 
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 
703-528-2148; Web site: http://www.safetyequipment.org.

[[Page 46358]]

    (vii) ANSI Z87.1-1989 (R-1998), American National Standard Practice 
for Occupational and Educational Eye and Face Protection; IBR approved 
for Sec.  1915.153(b)(1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are 
available for purchase only from the American Society of Safety 
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187; 
telephone: 847-699-2929.
    (viii) ANSI Z87.1-1989, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1915.153(b)(1)(iii).
    (ix) ANSI Z89.1-2003, American National Standard for Industrial 
Head Protection; IBR approved for Sec.  1915.155(b)(1)(i). Copies of 
ANSI Z89.1-2003 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (x) ANSI Z89.1-1997, American National Standard for Industrial Head 
Protection; IBR approved for Sec.  1915.155(b)(1)(ii). Copies of ANSI 
Z89.1-1997 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (xi) ANSI Z89.1-1986, American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements; 
IBR approved for Sec.  1915.155(b)(1)(iii).
* * * * *
    (5) Copies of the standards listed below in this paragraph are 
available for purchase from ASTM International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://
www.astm.org:
    (i) ASTM F-2412-2005, Standard Test Methods for Foot Protection; 
IBR approved for Sec.  1915.156(b)(1)(i).
    (ii) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1915.156(b)(1)(i).

Subpart I--[Amended]

0
14. Revise paragraph (b) of Sec.  1915.153 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 Z87.1-2003, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-1989 (R-1998), ``American National Standard 
Practice for Occupational and Educational Eye and Face Protection,'' 
which is incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1915.5.
    (2) Eye and face protection devices that the employer demonstrates 
are at least as effective as protective as 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.

0
15. Revise paragraph (b) of Sec.  1915.155 to read as follows:


Sec.  1915.155  Head protection.

* * * * *
    (b) Criteria for protective helmets. (1) Head protection must 
comply with any of the following consensus standards:
    (i) ANSI Z89.1-2003, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z89.1-1997, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1915.5; 
or
    (iii) ANSI Z89.1-1986, ``American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements,'' 
which is incorporated by reference in Sec.  1915.5.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head 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.

0
16. Revise paragraph (b) of Sec.  1915.156 to read as follows:


Sec.  1915.156  Foot protection.

* * * * *
    (b) Criteria for protective footwear. (1) Protective footwear must 
comply with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot 
Protection,'' and ASTM F-2413-2005, ``Standard Specification for 
Performance Requirements for Protective Footwear,'' which are 
incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1915.5; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1915.5.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

PART 1917--[AMENDED]

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

    Authority: Section 41, Longshore and Harbor Worker's 
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 Orders 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), or 5-2007 (72 FR 31160), 
as applicable; and 29 CFR part 1911.

Subpart A--[Amended]

0
18. Amend 1917.3 as follows:
0
a. Revise paragraphs (a)(2), (a)(3), and (a)(4).
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraphs (b)(4) through (b)(7).
0
d. Add new paragraphs (b)(8) through (b)(12).
0
e. Add new paragraph (c).
    The revisions and additions read as follows:


Sec.  1917.3  Incorporation by reference.

    (a) * * *
    (2) The standards listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as the 
sections exist on the date of the approval, and a notice of any change 
in these standards will be published in the Federal Register. The 
Director of the Federal Register approved these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health

[[Page 46359]]

Administration, U.S. Department of Labor, Washington, DC 20910; 
telephone: 202-693-2350 (TTY number: 877-889-5627).
    (4) Copies of standards listed in this section and issued by 
private standards organizations are available for purchase from the 
issuing organizations at the addresses or through the other contact 
information listed below for these private standards organizations. In 
addition, these standards are available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, telephone: 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the material is available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627).
    (b) Except as noted, copies of the standards listed below in this 
paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, 
NY 10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
* * * * *
    (4) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (6) ANSI Z87.1-2003, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1917.91(a)(1)(i)(A). Copies of ANSI Z87.1-2003 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or 
from the International Safety Equipment Association (ISEA), 1901 North 
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 
703-528-2148; Web site: http://www.safetyequipment.org.
    (7) ANSI Z87.1-1989 (R-1998), American National Standard Practice 
for Occupational and Educational Eye and Face Protection; IBR approved 
for Sec.  1917.91(a)(1)(i)(B). Copies of ANSI Z87.1-1989 (R-1998) are 
available for purchase only from the American Society of Safety 
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187; 
telephone: 847-699-2929.
    (8) ANSI Z87.1-1989, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1917.91(a)(1)(i)(C). Copies of ANSI Z87.1-1989 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
    (9) ANSI Z89.1-2003, American National Standard for Industrial Head 
Protection; IBR approved for Sec.  1917.93(b)(1)(i). Copies of ANSI 
Z89.1-2003 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (10) ANSI Z89.1-1997, American National Standard for Industrial 
Head Protection; IBR approved for Sec.  1917.93(b)(1)(ii). Copies of 
ANSI Z89.1-1997 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (11) ANSI Z89.1-1986, American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements; 
IBR approved for Sec.  1917.93(b)(1)(iii).
    (12) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks, 
pages 8 and 13; IBR approved for Sec.  1917.50(j)(1).
    (c) Copies of the following standards are available for purchase 
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-
9555; e-mail: seviceastm.org; Web site: http://www.astm.org:
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; 
IBR approved for Sec.  1917.94(b)(1)(i).
    (2) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(i).

Subpart E--[Amended]

0
19. Revise paragraph (a)(1) of Sec.  1917.91 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 Z87.1-2003, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1917.3;
    (B) ANSI Z87.1-1989 (R-1998), ``American National Standard Practice 
for Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1917.3; or
    (C) ANSI Z87.1-1989, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1917.3.
    (ii) 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.
* * * * *

0
20. Revise paragraph (b) of Sec.  1917.93 to read as follows:


Sec.  1917.93  Head protection.

* * * * *
    (b)(1) The employer must ensure that head protection complies with 
any of the following consensus standards:
    (i) ANSI Z89.1-2003, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1917.3;
    (ii) ANSI Z89.1-1997, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1917.3; 
or
    (iii) ANSI Z89.1-1986, ``American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements,'' 
which is incorporated by reference in Sec.  1917.3.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head 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.
* * * * *

[[Page 46360]]


0
21. Revise paragraph (b) of Sec.  1917.94 to read as follows:


Sec.  1917.94  Foot protection.

* * * * *
    (b)(1) The employer must ensure that protective footwear complies 
with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot 
Protection,'' and ASTM F-2413-2005, ``Standard Specification for 
Performance Requirements for Protective Footwear,'' which are 
incorporated by reference in Sec.  1917.3;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1917.3; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1917.3.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

PART 1918--[AMENDED]

0
22. Revise the authority citation for part 1918 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 Orders 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), or 5-2007 (72 FR 31160), 
as applicable; and 29 CFR part 1911.

Subpart A--[Amended]

0
23. Amend 1918.3 as follows:
0
a. Revise paragraphs (a)(2), (a)(3), and (a)(4).
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraphs (b)(4) through (b)(6).
0
d. Add new paragraphs (b)(7) through (b)(11).
0
e. Add new paragraph (c).
    The revisions and additions read as follows:


Sec.  1918.3  Incorporation by reference.

    (a) * * *
    (2) The standards listed in paragraph (b) of this section are 
incorporated by reference in the corresponding sections noted as the 
sections exist on the date of the approval, and a notice of any change 
in these standards will be published in the Federal Register. The 
Director of the Federal Register approved these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-
889-5627).
    (4) Copies of standards listed in this section and issued by 
private standards organizations are available for purchase from the 
issuing organizations at the addresses or through the other contact 
information listed below for these private standards organizations. In 
addition, these standards are available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, telephone: 202-741-6030, or go 
to http:/www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, the standards are available for 
inspection at any Regional Office of the Occupational Safety and Health 
Administration (OSHA), or at the OSHA Docket Office, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; 
telephone: 202-693-2350 (TTY number: 877-889-5627). (b) Except as 
noted, copies of the standards listed below in this paragraph are 
available for purchase from the American National Standards Institute 
(ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; telephone: 
212-642-4900; fax: 212-398-0023; Web site:
* * * * *
    (4) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1918.104(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (5) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for Sec.  
1918.104(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase 
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
    (6) ANSI Z87.1-2003, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1918.101(a)(1)(i)(A). Copies of ANSI Z87.1-2003 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or 
from the International Safety Equipment Association (ISEA), 1901 North 
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 
703-528-2148; Web site: http://www.safetyequipment.org.
    (7) ANSI Z87.1-1989 (R-1998), American National Standard Practice 
for Occupational and Educational Eye and Face Protection; IBR approved 
for Sec.  1918.101(a)(1)(i)(B). Copies of ANSI Z87.1-1989 (R1998) are 
available for purchase only from the American Society of Safety 
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187; 
telephone: 847-699-2929.
    (8) ANSI Z87.1-1989, American National Standard Practice for 
Occupational and Educational Eye and Face Protection; IBR approved for 
Sec.  1918.101(a)(1)(i)(C). Copies of ANSI Z87.1-1989 are available for 
purchase only from the American Society of Safety Engineers, 1800 East 
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929.
    (9) ANSI Z89.1-2003, American National Standard for Industrial Head 
Protection; IBR approved for Sec.  1918.103(b)(1)(i). Copies of ANSI 
Z89.1-2003 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (10) ANSI Z89.1-1997, American National Standard for Industrial 
Head Protection; IBR approved for Sec.  1918.103(b)(1)(ii). Copies of 
ANSI Z89.1-1997 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
http://www.safetyequipment.org.
    (11) ANSI Z89.1-1986, American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements; 
IBR approved for Sec.  1918.103(b)(1)(iii).
    (c) Copies of the following standards are available for purchase 
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; telephone: 610-832-9585; fax: 610-832-
9555; e-mail:

[[Page 46361]]

seviceastm.org; Web site: http://www.astm.org.
    (1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; 
IBR approved for Sec.  1917.94(b)(1)(i).
    (2) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear; IBR approved for Sec.  
1917.94(b)(1)(i).

Subpart J--[Amended]

0
24. Revise paragraph (a)(1) of Sec.  1918.101 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 hazard, and that protective eye and face devices comply with any 
of the following consensus standards:
    (A) ANSI Z87.1-2003, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1918.3;
    (B) ANSI Z87.1-1989 (R1998), ``American National Standard Practice 
for Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1918.3; or
    (C) ANSI Z87.1-1989, ``American National Standard Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference in Sec.  1918.3.
    (ii) 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.
* * * * *

0
25. Revise paragraph (b) of Sec.  1918.103 to read as follows:


Sec.  1918.103  Head protection.

* * * * *
    (b)(1) The employer must ensure that head protection complies with 
any of the following consensus standards:
    (i) ANSI Z89.1-2003, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1918.3;
    (ii) ANSI Z89.1-1997, ``American National Standard for Industrial 
Head Protection,'' which is incorporated by reference in Sec.  1918.3; 
or
    (iii) ANSI Z89.1-1986, ``American National Standard for Personnel 
Protection--Protective Headwear for Industrial Workers--Requirements,'' 
which is incorporated by reference in Sec.  1918.3.
    (2) Head protection devices that the employer demonstrates are at 
least as effective as head 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.
* * * * *

0
26. Revise paragraph (b) of Sec.  1918.104 to read as follows:


Sec.  1918.104  Foot protection.

* * * * *
    (b)(1) The employer must ensure that protective footwear complies 
with any of the following consensus standards:
    (i) ASTM F-2412-2005, ``Standard Test Methods for Foot 
Protection,'' and ASTM F-2413-2005, ``Standard Specification for 
Performance Requirements for Protective Footwear,'' which are 
incorporated by reference in Sec.  1918.3;
    (ii) ANSI Z41-1999, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1918.3; or
    (iii) ANSI Z41-1991, ``American National Standard for Personal 
Protection--Protective Footwear,'' which is incorporated by reference 
in Sec.  1918.3.
    (2) Protective footwear that the employer demonstrates is at least 
as effective as protective footwear that is constructed in accordance 
with one of the above consensus standards will be deemed to be in 
compliance with the requirements of this section.

[FR Doc. E9-21360 Filed 9-8-09; 8:45 am]

BILLING CODE 4510-26-P