[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)][Proposed Rules][Pages 37617-37630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15031]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2011-0184]
RIN 1218-AC65
Updating OSHA Standards Based on National Consensus Standards;
Head Protection
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of proposed rulemaking; request for comments.
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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 requirements for
head protection. OSHA is updating the references in its standards to
recognize the 2009 edition of the American National Standard for
Industrial Head Protection, and is deleting the 1986 edition of that
national consensus standard because it is out of date. OSHA also is
including the construction industry in this rulemaking to ensure
consistency among the Agency's standards. OSHA is publishing a direct
final rule in today's Federal Register taking this same action.
DATES: Submit comments to this proposal (including comments to the
information-collection (paperwork) determination described under the
section titled Procedural Determinations), hearing requests, and other
information by July 23, 2012. All submissions must bear a postmark or
provide other evidence of the submission date. (The following section
titled ADDRESSES describes methods available for making submissions.)
ADDRESSES: Submit comments, hearing requests, and other information as
follows:
Electronic. Submit comments electronically to http://www.regulations.gov,
which is the Federal eRulemaking Portal. Follow the instructions online for
submitting comments.
Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents. Instead
of transmitting facsimile copies of attachments that supplement these documents
(e.g., studies, journal articles), commenters must submit these attachments to
the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210.
These attachments must clearly identify the sender's name, date,
subject, and docket number (i.e., OSHA-2011-0184) so that the Agency
can attach them to the appropriate document.
Regular mail, express delivery, hand (courier) delivery,
and messenger service. Submit comments and any additional material
(e.g., studies, journal articles) to the OSHA Docket Office, Docket No.
OSHA-2011-0184 or RIN No. 1218-AC65, Technical Data Center, Room N-
2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is
(877) 889-5627.) Note that security-related procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Please contact the OSHA Docket Office for information
about security procedures concerning delivery of materials by express
delivery, hand delivery, and messenger service. The hours of operation
for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2011-0184). OSHA
will place comments and other material, including any personal
information, in the public docket without revision, and these materials
will be available online at http://www.regulations.gov. Therefore, the
Agency cautions commenters about submitting statements they do not want
made available to the public, or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates, and medical data.
OSHA requests comments on all issues related to this proposal. It
also welcomes comments on its findings that this proposal would have no
negative economic, paperwork, or other regulatory impacts on the
regulated community. This proposal is the companion document to a
direct final rule published in the "Rules" section of today's Federal
Register. If OSHA receives no significant adverse comment on the
proposal or direct final rule, it will publish a Federal Register
notice confirming the effective date of the direct final rule and
withdrawing this companion proposed rule. The confirmation may include
minor stylistic or technical corrections to the document. For the
purpose of judicial review, OSHA considers the date that it confirms
the effective date of the direct final rule to be the date of issuance.
However, if the Agency receives significant adverse comment on the
proposal or direct final rule, OSHA will publish a timely withdrawal of
the direct final rule and proceed with the proposed rule, which
addresses the same revisions to its head protection standards.
Docket. The electronic docket for this proposal
established at http://www.regulations.gov lists most of the documents
in the docket. However, some information (e.g., copyrighted material)
is not publicly available to read or download through this Web site.
All submissions, including copyrighted material, are accessible at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
1999.
Technical inquiries: Contact Kenneth Stevanus, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663.
SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice.
Electronic copies of this Federal Register proposed rule are available
at http://www.regulations.gov. This Federal Register notice, as well as
news releases and other relevant information, also are available at
OSHA's Web page at http://www.osha.gov.
Table of Contents
I. Background
II. Direct Final Rulemaking
III. Summary and Explanation of Revisions to the Head Protection
Standards
A. Updating the General Industry and Maritime Industry Standards
B. Updating the Construction Industry Standard
IV. Procedural Determinations
A. Legal Considerations
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act of 1995
G. Consultation and Coordination With Indian Tribal Governments
H. Consultation With the Advisory Committee on Construction
Safety and Health
V. Authority and Signature
I. Background
Subpart I of OSHA's general industry standards contains design
requirements for head protection (see 29 CFR 1910.135). OSHA has
similar requirements in subpart I of part 1915 (Shipyard Employment),
subpart E of part 1917 (Marine Terminals), subpart J of part 1918
(Longshoring), and subpart E of part 1926 (Construction). The general
industry and maritime rules require that the specified head protection
comply with national consensus standards incorporated by reference into
the OSHA standards unless the employer demonstrates that non-specified
head-protection equipment is at least as effective in protecting
workers as equipment that complies with the incorporated national
consensus standard. (See 29 CFR 1910.135(b)(2); 1915.155(b)(2);
1917.93(b)(2); 1918.103(b)(2).) These design provisions are part of
comprehensive requirements to ensure that employees use personal
protective equipment that will protect them from hazards in the
workplace.
As discussed in a previous Federal Register notice (69 FR 68283),
OSHA is undertaking a series of projects to update its standards to
incorporate the latest versions of national consensus and industry
standards. These projects include updating or removing national
consensus and industry standards referenced in existing OSHA standards,
updating regulatory text of standards adopted directly by OSHA from the
language of outdated consensus standards, and, when appropriate,
replacing specific references to outdated national consensus and
industry standards with performance-oriented requirements.
On May 17, 2007, OSHA published a Notice of Proposed Rulemaking
(NPRM) (72 FR 27771) entitled "Updating OSHA Standards Based on
National Consensus Standards; Personal Protective Equipment." The NPRM
did not propose to revise construction industry standards covering
personal protective equipment. The Agency received approximately 25
comments on the NPRM. On December 4, 2007, OSHA held an informal public
hearing and received testimony from nine witnesses. Several of the
commenters (Exs. OSHA-2007-0044-0021 and -0034) and witnesses (Tr. at
18-19 and 51-52) questioned the Agency's decision not to include the
construction industry in this rulemaking. OSHA responded at the
hearing that it decided not to include the construction industry
because of the size of the undertaking and OSHA's limited resources
(Tr. at 18-19; see, also, 74 FR 46352).
On September 9, 2009, OSHA published the final rule (74 FR 46350),
which became effective October 9, 2009. However, OSHA did not include
in the final rule a reference to the 2009 edition of the American
National Standards Institute (ANSI) standard for industrial head
protection (ANSI Z89.1) because this edition was not available to OSHA
prior to the date (February 8, 2008) the administrative law judge who
presided over the hearing closed the rulemaking record.
This NPRM would update the references in 29 CFR 1910.135(b)(1),
1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) to recognize the 2009
edition of ANSI Z89.1, which is the most recent version of that
standard. These revisions would allow use of helmets that comply with
the three most recent editions of the consensus standard.
In addition, this NPRM would remove the current references to ANSI
Z89.1-1969 and ANSI Z89.2-1971 in 29 CFR 1926.100(b) and (c), and
replace these outdated head-protection references with the same three
editions of ANSI Z89.1 referenced in the general industry and maritime
industry standards. This action addresses the comments received during
the initial rulemaking cited above, and will ensure consistency in the
Agency's standards. By making the requirements of OSHA's head
protection standards consistent with the Agency's other standards and
with current industry practices, this NPRM would eliminate confusion
and clarify employer obligations, while providing up-to-date protection
for workers exposed to falling objects.
II. Direct Final Rulemaking
In a direct-final rulemaking, an agency publishes a direct final
rule in the Federal Register along with a statement that the rule will
become effective unless the agency receives significant adverse comment
within a specified period. The agency also publishes concurrently with
the direct final rule an identical proposed rule. If the agency
receives no significant adverse comment, the direct final rule becomes
effective. If, however, the agency receives significant adverse
comment, the agency withdraws the direct final rule and treats the
comments as submissions on the proposed rule.
OSHA uses direct final rules because it expects the rulemaking to
be noncontroversial; provide protection to employees that is at least
equivalent to the protection afforded to them by the outdated standard
development organization standard; and impose no significant new
compliance costs on employers (69 FR 68283, 68285). OSHA used direct
final rules previously to update or, when appropriate, revoke
references to outdated national consensus standards in OSHA rules (see,
e.g., 69 FR 68283, 70 FR 76979, 71 FR 80843, and 76 FR 75782).
For purposes of the direct final rule, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. OSHA will not consider a comment recommending
additional revisions to a rule to be a significant adverse comment
unless the comment states why the direct final rule would be
ineffective without the revisions. If OSHA receives a timely
significant adverse comment, the Agency will publish a Federal Register
notice withdrawing the direct final rule no later than 60 days after
the publication date of the notice.
This NPRM furthers the objectives of Executive Order 13563, which
requires that the regulatory process "promote predictability and
reduce uncertainty" and "identify and use the best, most innovative,
and least burdensome tools for achieving regulatory ends." As
described below in this Federal Register notice, the revisions will
make the requirements of OSHA's head protection standards consistent
with current industry practices, thereby eliminating confusion and
clarifying employer obligations. OSHA believes that these revisions do
not compromise the safety of employees, but will enhance employee
protection. Therefore, the Agency believes that updating and replacing
the national consensus standards in its head protection standards is
consistent with, and promotes the objectives of, Executive Order 13563.
III. Summary and Explanation of Revisions to the Head Protection
Standards
A. Updating the General Industry and Maritime Industry Standards
OSHA published the previous revision of the general industry and
maritime head protection standards on September 9, 2009 (74 FR 46350),
which became effective October 9, 2009. These revised standards permit
compliance with ANSI Z89.1-2003, ANSI Z89.1-1997, or ANSI Z89.1-1986.
Since OSHA published the previous revision, ANSI Z89.1-2009 has become
available. This proposed rulemaking would update the references in 29
CFR 1910.135(b)(1), 1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1)
to recognize the 2009 edition of ANSI Z89.1.
To determine the differences between the 2009 and 2003 editions of
ANSI Z89.1, the Agency prepared a side-by-side comparison of the two
editions; Table 1 provides the results of this comparison. As this
table shows, the differences between these two editions of the
consensus standard are the provisions in the 2009 edition permitting
optional testing for helmets worn in the backwards position ("reverse
wearing"), optional testing for helmets at colder temperatures than
provided in previous editions, and optional testing for the high-
visibility coloring of helmets. If manufacturers choose to evaluate
their helmets using any of these three testing options, and the helmets
pass the specified tests, then the manufacturer may mark the helmets
accordingly. Section 7.3.1 of ANSI Z89.1-2009 adds the reverse-wearing
testing option; various other sections include instructions regarding,
or references to, the reverse-wearing testing option. Section 7.3.2 of
the consensus standard adds the high-visibility testing option, and
Table 1 of the consensus standard provides information about color
measurements; various other sections of the consensus standard include
instructions regarding, or references to, optional high-visibility
testing. Section 8.4.1.2.1 of the consensus standard describes the
preconditioning necessary to conduct helmet testing at lower
temperatures than specified in previous editions of the consensus
standard, and various other sections of the consensus standard contain
additional information about such testing.
Table 1--Differences Between ANSI Z89.1-2003 and ANSI Z89.1-2009 \1\
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Section No. in ANSI Z-
89.1-2009 Description of differences
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3........................ Adds definitions of "manufacturer" and
"test plaque." Removes definitions of
"cap" and "hat."
4........................ Adds a requirement that manufacturers mark
helmets that meet the reverse-wearing
requirements with a reverse-wearing mark.
4.3...................... Adds a new, optional section, "Reverse
Wearing," that explains that reverse-
wearing helmets must pass all testing
requirements whether worn facing frontwards
or backwards.
6.1...................... Adds a requirement that manufacturer's
instructions for helmets include
instructions for reverse wearing if
applicable.
6.2...................... Adds instructions for marking helmets tested
for reverse-donning, lower-temperature, and
high-visibility capabilities.
7.3.1.................... Adds new, optional section, "Reverse
Wearing," that permits marking helmets with
the reverse-wearing symbol if those helmets
pass specified tests when mounted in the
reverse-wearing position.
7.3.2.................... Adds new, optional section, "High-
Visibility," that permits marking helmets
"HV" if those helmets have chromaticity
and a total luminance factor at specified
levels.
Table 1.................. Adds new table, "Color, High-Visibility
Helmets," specifying the levels of
referenced by 7.3.2.
8.1.2.................... In this section, which addresses what
headform size to use in testing, adds a
provision that requires the testing facility
to decide the most suitable size if the
manufacturer does not do so.
8.1.3.................... Adds a requirement that the testing facility
establish a separate dynamic test line (DTL)
for samples tested in the reverse-wearing
position.
8.2.1.................... Adds a requirement that the testing facility
use a minimum of 36 test samples in
compliance testing for helmets marked for
reverse wearing.
8.3.1.................... Adds instructions for positioning reverse-
wearing samples for DTL marking.
8.4.1.2.1................ Adds new section, "Lower Temperatures,"
that describes an optional procedure for
preconditioning helmet samples at cold
temperatures prior to testing.
9.2.2.................... Removes "vertical guard rail" from the list
of components that comprise the test
apparatus used in force-transmission
testing.
9.2.3.................... For mounting samples for force-transmission
testing, adds an instruction that the sample
shall be "oriented in the normal wearing
position." Also adds instructions for
mounting samples in the reverse-wearing
position in preparation for force-
transmission testing.
9.3.2.................... Removes "vertical guard rail" from the list
of components that comprise the test
apparatus used in apex-penetration testing.
9.4.2.................... Removes "vertical guard rail" from the list
of components that comprise the test
apparatus used in impact-energy attenuation
testing.
9.4.2.1.................. For mounting samples for impact-energy
attenuation testing, adds an instruction
that "[t]he test sample shall be mounted in
its normal wearing position on the headform
with the STL parallel to the basic plane of
the headform." Adds instructions for
mounting samples in the reverse-wearing
position in preparation for impact-energy
attenuation testing.
9.5.3.................... For mounting samples before off-center
penetration testing, adds an instruction
that the sample shall be "oriented in the
normal wearing position." Adds instructions
for mounting samples in the reverse-wearing
position in preparation for off-center
penetration testing.
9.8...................... Adds a new section, "High-Visibility
Testing," that explains how to prepare a
test sample for high-visibility testing, and
how to measure the color of that sample.
10....................... Moves the section "Normative References,"
which appeared in ANSI Z89.1-2003 as
Appendix E, to the main text. Adds "ASTM
E1164-02 Colorimetry--Standard Practice for
Obtaining Spectrophotometric Data for Object-
Color Evaluation" to the list of referenced
standards.
Table 3--Schedule of Revises Table 2 of ANSI Z89.1-2003 by:
Tests. replacing various entries labeled "Cold"
with "Cold or Lower Temperature"; for
samples tested in the reverse-wearing
position, adding entries force-transmission,
impact-energy attenuation, and off-center
penetration testing; and adding to the
second, narrative page information about
testing in the reverse-wearing position for
Type I and Type II helmets.
Appendices............... Adds the title "Appendices" and a notation
that "[t]he following appendices [are] not
part of American National Standard ANSI/ISEA
Z89.1-2009, but are included for information
only."
Appendix A............... Adds a statement to paragraph A7 that
"[h]elmet decorations should not be used to
obscure dents, cracks, non-manufactured
holes, other penetrations, burns or other
damages."
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\1\ This table provides only a summary of the differences between these
two standards, and may not describe completely all of the differences
between the standards or the content of any provision of the
standards. Consult the published versions of the standards for an
accurate determination of the differences between the standards.
As shown in the comparison provided in Table 1, ANSI Z89.1-2009
also includes other differences from ANSI Z89.1-2003. These differences
include: (1) Removing the definitions of "cap" and "hat" from the
2003 edition and inserting definitions of "manufacturer" and "test
plaque" in the 2009 edition; (2) permitting the testing facility to
determine an appropriate size of the headform if the manufacturer did
not specify the size; (3) requiring orientation of test samples in the
normal wearing position when conducting various test procedures; and
(4) removing vertical guard rails from the lists of necessary
components for specified test equipment.
OSHA believes that it is consistent with the usual and customary
practice of employers in the general and maritime industries to require
use of head protection that complies with the 1997, 2003, or 2009
editions of ANSI Z89.1. Therefore, the Agency determined that
incorporating ANSI Z89.1-2009 into 29 CFR 1910.135(b)(1),
1915.155(b)(1), 1917.93(b)(1), and 1918.103(b)(1) will not add a
compliance burden for employers. OSHA invites the public to comment on
whether the revisions in the 2009 edition of the consensus standard
represent current industry practice.
B. Updating the Construction Industry Standard
The 2009 revision to the general industry and maritime industry
personal protective equipment standards did not address the
construction standards requiring personal protective equipment.
Therefore, the construction standards at 29 CFR 1926.100(b) and (c)
still require compliance with ANSI Z89.1-1969 and ANSI Z89.2-1971,
respectively. These consensus standards, which set forth requirements
regarding different types of helmets now both addressed in Z89.1, are
out of date.\1\
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\1\ As noted earlier in Section I ("Background") of in this
Federal Register notice, OSHA did not include the construction
industry in the previous rulemaking that updated the head-protection
standards because of the size of the undertaking and OSHA's limited
resources.
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In view of the limited useful life of protective helmets and the
length of time (over 40 years) since OSHA last updated these standards,
the Agency believes that no protective helmets currently are available
or in use that manufacturers tested in accordance with the requirements
of ANSI Z89.1-1969 and ANSI Z89.2-1971. To bring the construction
standard up to date, and to ensure consistency across OSHA standards,
OSHA is amending 29 CFR 1926.6 and 1926.100 to permit compliance with
ANSI Z89.1-1997, ANSI Z89.1-2003, or ANSI Z89.1-2009.
In reviewing ANSI Z89.1-2009, the Agency prepared side-by-side
comparisons of the 2009 edition of ANSI Z89.1 with the 1969 edition of
ANSI Z89.1 and the 1971 edition of ANSI Z89.2; Table 2 provides the
results of these comparisons. ANSI-Z89.1-1969 addresses protective
helmets of all types, except those helmets that protect employees from
high-voltage electric shock and burns. ANSI Z89.2-1971 addresses
protective helmets that protect employees from high-voltage electric
shock and burns. ANSI subsequently combined the testing requirements of
these standards in the 1997, 2003, and 2009 editions of ANSI Z89.1;
therefore, these editions of ANSI Z89.1 address all types of helmets,
including helmets that protect employees from falling-object and
electrical hazards.
As Table 2 demonstrates, the 2009 edition of the ANSI Z89.1 differs
from ANSI Z89.1-1969 and ANSI Z89.2-1971. The 2009 edition defines Type
I and Type II helmets by the areas of the head to which the helmets
afford protection, rather than by whether the helmets have a brim. The
2009 edition also renames the classes of helmets tested for protection
against electrical hazards (i.e., classes G, E, and C instead of A, B,
and C), although it still bases helmet classification on the capacity
of the helmet to protect employees from electrical hazards. In
addition, the 2009 edition eliminates a fourth class of helmets used in
fire fighting. Many requirements included in the 1969 and 1971
editions, such as requirements specifying the type of material
manufacturers must use when making different components and
specifications regarding helmet accessories, no longer appear in the
2009 edition. Most importantly, ANSI revised the performance
requirements and test methods. Accordingly, the 2009 edition includes
fundamental updates such as more and different types of test methods,
and the use of different test equipment for performing these test
methods. Other variations between the 2009 and 1969 and 1971 editions
emanate from these fundamental updates.
Table 2--Differences Between ANSI Z89.1-2009 and ANSI Z89.1-1969 and ANSI Z89.2-1971 \1\
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ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971
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1.1 Scope--Explains that the 1 Scope--Explains that the standard 1.1 Scope--Explains that the
standard describes Types and establishes specifications for standard establishes specifications
Classes, as well as testing and helmets that protect the heads of for helmets to protect the heads of
performance requirements for occupational workers from impact electrical workers from impact and
protective helmets. and penetration from falling and penetration from falling or flying
flying objects, and from limited objects, and from high-voltage
electric shock and burn, but does electric shock and burn.
not include high-voltage protective
helmets.
1.2 Purpose--Explains that the No purpose section. 1.2 Purpose--Explains that the
standard establishes minimum standard contains general,
performance requirements for detailed, and physical requirements
protective helmets that reduce the for the procurement of helmets that
forces of impact and penetration, afford optimum protection for
and that may provide protection electrical workers, and includes
from electric shock. supplemental safety requirements
recommended for authorities
considering establishing
regulations or codes concerning the
use of protective helmets for
electrical workers.
1.3 Limitations--Explains the No limitations section. No limitations section.
limitations of protective helmets
that meet the requirements of the
standard in preventing injuries.
2 Compliance--Provides that "[a]ny No compliance section. No compliance section.
statement(s) of compliance with
this standard shall mean that the
product meets all applicable
requirements for the Type and
Class. It is specifically intended
that partial utilization of this
standard is prohibited."
3 Definitions--Does not define 2 Definitions--Provides definitions 2 Definitions--Same definitions as
"sweatband" or "winter liner." for "brim," chin strap," "crown ANSI Z89.1-1969.
Modifies slightly the definitions straps," "headband," "helmet,"
of "brim," "crown strap," and "nape strap," "peak,"
"headband." Modifies the "shell," "suspension,"
definitions of "chin straps," "sweatband," and "winter
"helmet," "nape strap," liner."
"peak," "shell," and
"suspension." Adds definitions of
"accessory," "apex," "basic
plane," "dynamic test line
(DTL)," "flammability,"
"harness," "manufacturer,"
"midsagittal plane,"
"positioning index,"
"projection," "protective
padding," "reference plane,"
"reference headform," "shall,"
"should," "static test line
(STL)," "test line," and "test
plaque." Removes definitions of
"sweatband" and "winter liner."
4 Types and Classes--Classifies 3 Types and Classes--Lists the 3 Types and Classes--Lists the
helmets as either as Type I or Type following types and class: Type 1-- following types and classes: Type
II, and either as meeting the Class Helmet, full brim, Type 2--Helmet, 1--Helmet, full brim, Type 2--
G, E, or C electrical requirements. brimless with peak, and Class B-- Helmet, brimless, with peak, Class
Also notes that manufacturers must High-voltage protection. No A--Limited voltage protection,
mark helmets meeting the reverse- provisions comparable to 4.1 and Class C--No voltage protection, and
wearing requirements accordingly. 4.2 of ANSI Z89.1-2009. Class D--Limited voltage
protection, Fire Fighters' Service,
Type 1, only. No provisions
comparable to 4.1 and 4.2 of ANSI
Z89.1-2009.
4.1 Defines Type 1 helmets as
helmets "intended to reduce the
force of impact resulting from a
blow only to the top of the head,"
and Type 2 helmets as helmets
"intended to reduce the force of
impact resulting from a blow to the
top or sides of the head."
4.2 Defines Class G (General)
helmets as helmets "intended to
reduce the danger of contact with
low voltage conductors," Class E
(Electrical) helmets as helmets
"intended to reduce the danger of
contact with higher voltage
conductors," and Class C
(Conductive) helmets as helmets
"not intended to provide
protection against contact with
electrical hazards."
4.3 Reverse Wearing--Helmets No reverse wearing option. No reverse wearing option.
manufactured for reverse wearing
must pass all optional testing
requirements whether worn facing
forward or backwards in accordance
with the manufacturers'
instructions.
No materials section. 4 Materials--Provides general No materials section.
specifications regarding materials
used in helmets, such materials
that are water resistant, slow
burning, non-irritating to normal
skin, and, for Class D helmets,
fire resistant.
No recommended supplemental No recommended supplemental 4 Recommended Supplemental
requirements section. requirements section. Requirements--Describes
requirements recommended for
authorities considering
establishing regulations or codes
concerning the use of protective
helmets for electrical workers,
including when helmets are
necessary, what minimum
requirements they should meet, etc.
No general requirements section. 5 General Requirements--Sets forth 5 General Requirements--Sets forth
requirements regarding pieces of requirements regarding pieces of
protective helmets, including its protective helmets, including its
shell (5.1), headband (5.2), shell (5.2), headband (5.3),
sweatband (5.2.1), and crown straps sweatband (5.3.1), and crown straps
(5.3). (5.4).
5 Accessories--Provides that 5.4 Accessories--Sets forth 5.5 Accessories--Sets forth
"[a]ccessories installed by the requirements regarding specific requirements regarding specific
manufacturer shall not cause the helmet accessories: chin strap and helmet accessories: chin strap and
helmet to fail the requirements of nape strap (5.4.1.), winter liners nape strap (5.5.1), winter liners
this standard." (5.4.2), face shields and welding (5.5.2), and face shields (5.5.3).
helmets (5.4.3), and lamp brackets
(5.4.4).
6.1 Instructions--Requires 5.5 Instructions--Provides that 5.6 Instructions--Provides only that
instructions "explaining the "[e]ach helmet shall be "[e]ach helmet shall be
proper method of size adjustment, accompanied by instructions accompanied by instructions
use, care, useful service life explaining the proper method of explaining the proper method of
guidelines and, if applicable, adjusting the suspension and adjusting the suspension and
reverse wearing." headband." headband."
6.2 Marking--Requires that 5.6 Marking--Requires that 5.7 Marking--Requires only that
manufacturers permanently mark manufacturers mark helmets with the helmets be marked with the name of
helmets with the name of the name of the manufacturer, "ANSI the manufacturer, "ANSI Z89.2-
manufacturer, the date of Z89.1-1969," and the Class. 1971," and "Class B." Specifies
manufacture, "ANSI/ISEA Z89.1," Specifies the minimum size of the the minimum size of the markings.
the Type and Class designations and markings.
any applicable optional marking
criteria, and the approximate
headsize range. Specifies the
minimum size of the markings.
No separate, detailed requirements 6 Detailed Requirements--Provides 6 Detailed Requirements--Provides
section. additional, specific requirements additional, specific requirements
regarding the helmet's shell (6.1), regarding the helmet's shell (6.1),
headband (6.2), sweatband (6.2.1), headband (6.2), sweatband (6.2.1),
and crown straps (6.3). and crown straps (6.3).
7 Performance Requirements--Sets 7 Physical Requirements--Sets forth 7 Physical Requirements--Sets forth
forth test results required when test results required when testing test results required when testing
testing facilities test Type I and facilities test Class A, Class C, facilities test Class B helmets for
Type II helmets for flammability and Class D helmets, as applicable, insulation resistance (7.1), impact
(7.1.1), force transmission for insulation resistance (not resistance (7.2), penetration
(7.1.2), apex penetration (7.1.3), applicable to Class C helmets) resistance (7.3), weight (7.4),
and electrical insulation (7.1), impact resistance (7.2), flammability (7.5), and water
properties for Class G (7.1.4.1) penetration resistance (7.3), absorption (7.6).
and Class E (7.1.4.2) ratings. weight (7.4), flammability (7.5),
Additional testing for Type II and water absorption (7.6).
helmets for impact-energy
attenuation (7.2.1), off-center
penetration (7.2.2), and chin-strap
retention (7.2.3). Requirements for
optional testing of reverse-wearing
helmets (7.3.1) and high-visibility
helmets (7.3.2).
8 Selection and Preparation of Test 8 Methods of Test Methods of Test
Samples
8.1 Headforms--Provides instructions 8.1 Preparation of Samples--Requires 8.1 Preparation of Samples--Requires
regarding the materials and size of that, for insulation resistance and that, for insulation resistance and
headforms the testing facility is water absorption tests, the testing water absorption tests, the testing
to use in each type of test; facility remove any coating over facility remove any coating over
explains that reference test lines the sample helmets. Provides the sample helmets. Provides
are necessary; and notes that temperatures and, in cases of temperatures and, in cases of
various attached figures show the disagreement, humidity levels at disagreement, humidity levels at
manner in which testing facilities which testing must occur. which testing must occur.
are to mount headforms in
preparation for each type of test.
8.2 Test Samples--Explains how many
samples are necessary for testing,
refers to Table 3 for the order of
testing, and provides temperatures
and, in cases of disagreements,
humidity levels at which testing
must occur.
8.3 Test Sample Markings--Requires
the testing facility to mark test
samples to indicate the location of
reference test lines, and describes
procedures for marking the dynamic
test line (DTL) and static test
line (STL).
8.4 Helmet Preconditioning--
Describes procedures for
preconditioning test samples in
hot, cold, optional lower
temperatures, and wet conditions;
this section also provides time
limits after preconditioning for
the test facility to conduct
impact, penetration, and chin-strap
retention tests.
9 Test Methods 8 Methods of Test--See Section 8.5 8 Methods of Test--See Section 8.5
9.1 Flammability--For flammability ("Flammability") below. ("Flammability Test") below.
testing, describes the method for 8.2 Insulation Resistance Test-- 8.2 Insulation Resistance Test--
preparing (marking) test samples, Describes components of the test Describes components of the test
components of the test apparatus, apparatus, mounting specimens, test apparatus, mounting of specimens,
calibration, test procedures, and procedures, and reporting results. test procedures, and reporting
recording results. 8.3 Impact Resistance Tests-- results.
9.2 Force Transmission--For force- Describes components of the test 8.3 Impact Resistance Tests--
transmission testing, describes the apparatus, mounting specimens, test Describes components of the test
test method for preparing procedures, and reporting results. apparatus, mounting specimens, test
(conditioning) test samples, 8.4 Penetration Resistance-- procedures for the impact-
components of the test apparatus, Describes the components of the absorption test and mechanical-
mounting samples, calibration, test test apparatus, mounting specimens, proof test, and reporting results.
procedures, and recording results. test procedures, and reporting 8.4 Penetration Resistance Test--
9.3 Apex Penetration--Describes the results. Describes the components of the
test method for preparing 8.5 Flammability--Describes the test test apparatus, mounting specimens,
(conditioning) test samples, method to determine conformance test procedures, and reporting
components of the test apparatus, with 7.5 (using ASTM D635-68), results.
mounting samples, calibration, test preparing specimens, mounting 8.5 Flammability Test--Describes the
procedures, and recording results. specimens, test procedure, and test method to determine
9.4 Impact Energy Attenuation-- reporting results. conformance with 7.5 (using ANSI
Describes methods for preparing 8.6 Water Absorption--Describes the K.65.21-1969/ASTM D 635-1969, and
(marking and conditioning) test components of the test apparatus, provides instructions for reporting
samples, components of the test mounting specimens, test results.
apparatus, methods for mounting procedures, and reporting results. 8.6 Water Absorption Test--Describes
samples, the impact anvil, the test the components of the test
headform, the accelerometer, apparatus, mounting specimens, test
calibration, test procedures, and procedures, and reporting results.
recording results.
9.5 Off Center Penetration--
Describes methods for preparing
(marking and conditioning) test
samples, components of the test
apparatus, methods for mounting
samples, calibration, test
procedures, and recording results.
9.6 Chin Strap Retention (Type II
only)--Describes methods for
preparing (conditioning) test
samples, components of the test
apparatus, calibration, test
procedures, and recording results.
9.7 Electrical Insulation--Describes See Section 8.2 ("Insulation See Section 8.2 ("Insulation
methods for preparing test samples Resistance Test") above. Resistance Test") above.
(for Class E only, force-
transmission test, one conditioned
hot and one conditioned cold),
components of the test apparatus,
calibration, test procedures
(separately for Class G and Class E
helmets), and recording results.
9.8 High-Visibility Testing--
Describes procedures for sampling
and conditioning test plaques, and
determining color.
10 Normative References--Provides No section on reference standards. 9 Revision of American National
complete citations for standards on Standards Referred to in This
colorimetry, headforms, and Document--Notes that recently
instrumentation referenced in ANSI published ANSI standards supersede
Z89.1-2009. the ANSI standards on flammability
testing, and eye and face
protection, referenced in ANSI
Z89.2-1971.
Table 1 Color, High-Visibility No comparable table. No comparable table.
Helmets--Provides information about
chromaticity and minimum total
luminance factors.
Table 2 Sizing Chart--Provides No comparable table. Table 1 Comparative Hat and Cap
sizing guidance for 17 head-band Sizes--Provides sizing guidance for
sizes ranging from 6\1/2\ to 8\1/2\ 13 head-band sizes ranging from 6\1/
inches. 2\ to 8 inches.
No comparable tables. Table 1 Transmitted Forces in Table 2 Transmitted Forces in
Pounds--Provides force values based Pounds--Provides force values based
on Brinell hardness numbers and the on Brinell hardness numbers and the
diameter of the impression. diameter of the impression.
Table 3 Schedule of Tests--Lists for No comparable table. No comparable table.
each combination of test method and
type of preconditioning, the
minimum number of samples, test
sample numbers, and test sequence
for each helmet type and class.
Also provides additional
instructions regarding testing each
type and class of helmet.
Figure 1--Diagram of the ISO No comparable figure. No comparable figure.
headform, with dimensions for sizes
E, J, and M of the headform.
No comparable figure. Figure 1--Schematic of a Brinell Figure 1--Schematic of a Brinell
Hardness Penetrator Assembly. Hardness Penetrator Assembly.
Figure 2--Diagram of the proper No comparable figure.\2\ No comparable figure.\2\
location of the Dynamic Test Line.
No comparable photograph. Figure 2--Photograph of a suggested Figure 2--Photograph of a suggested
apparatus for the measurement of apparatus for the measurement of
crown clearance. crown clearance.
Figure 3--Diagram of the headform No comparable figure. No comparable figure.
used for force-transmission
testing.
Figure 4--Diagram of a typical No comparable figure. No comparable figure.
impact-energy attenuation headform
fixture.
Figure 5--Diagram of a typical No comparable figure. No comparable figure.
penetration headform fixture.
Figure 6--Diagram of a chin-strap- No comparable figure. No comparable figure.
retention test apparatus.
Figure 7--Diagram of a typical force- No comparable figure. No comparable figure.
transmission test apparatus.
Figure 8--Diagram of a typical No comparable figure. No comparable figure.
penetration test apparatus.
Figure 9--Diagram of a typical No comparable figure. No comparable figure.
penetrator.
Figure 10--Diagram of a typical No comparable figure. No comparable figure.
impact-energy attenuation test
apparatus.
Figure 11--Diagram of the proper No comparable figure.\3\ No comparable figure.\3\
location of the Static Test Line.
Figure 12--Diagram of a flammability No comparable figure. No comparable figure.
test apparatus.
Appendix A Recommendations, Appendix A1 Recommendations Appendix Recommendations and
Cautions, Use, and Care--Provides Concerning Equipment--Provides Precautions Concerning Helmet Use
guidance regarding instructions and guidance regarding tying laces, and Maintenance--Provides guidance
warnings on helmets, fitting, painting and cleaning shells, regarding tying laces, cleaning
cleaning, painting, and inspecting periodic inspection of shells and shells, periodic inspection of
helmets, limitations of helmet helmet components for damage and shells and helmet components for
protection (i.e., conditions that wear (including removal from damage and wear (including removal
may reduce the protection afforded service when necessary), from service when necessary),
by helmets), precautions to use limitations of helmet protection limitations of helmet protection
when handling helmets, and safe (i.e., conditions that may reduce (i.e., conditions that may reduce
conditions (i.e., that impact, the protection afforded by the protection afforded by
penetration, and electrical- helmets), sizes (i.e., the helmets), sizes (i.e., the
insulation testing does not provision of extra-small and extra- provision of extra-small and extra-
indicate safe impact- and voltage- large helmet sizes by large helmet sizes by
exposure levels for industrial manufacturers), and precautions to manufacturers), precautions to use
workers). use when handling helmets). when handling helmets, safe
voltages (i.e., that the
"mechanical proof test" and
"minimum breakdown voltage test"
do not indicate safe voltage levels
for using insulating safety
headgear), and inspection (i.e.,
use of periodic visual inspections
and electrical tests to detect
conditions of helmets that may
impair their dielectric strength).
Appendix B Electrical Insulation No comparable appendix. No comparable appendix.
Testing--Describes equipment
guidelines and precautions for high-
voltage test equipment.
Appendix C Force Transmission No comparable appendix. No comparable appendix.
Testing--Provides design and
performance specifications for
equipment used in force-
transmission testing, calibration
procedures for this test equipment
(including force-measuring systems
and velocity-measuring systems),
and a procedure for determining the
repeatability value the impactor
(and specifications for acceptable
values).
Appendix D Impact Energy Attenuation No comparable appendix. No comparable appendix.
Testing--Provides design and
performance specifications for
equipment used in impact-energy
attenuation testing.
Appendix E Test Equipment Sources-- No comparable appendix. No comparable appendix.
Provides a list of sources for
suitable test equipment.
----------------------------------------------------------------------------------------------------------------
\1\ This table provides only a summary of the differences among these three standards, and may not describe
completely all of the differences among the standards or the content of any provision of the standards.
Consult the published versions of the standards for an accurate determination of the differences among the
standards.
\2\ No provision of the standard addresses the Dynamic Test Line.
\3\ No provision of the standard addresses the Static Test Line.
OSHA believes that it is consistent with the usual and customary
practice of employers in the construction industry to require use of
head protection that complies with ANSI Z89.1-2009, ANSI Z89.1-2003, or
ANSI Z89.1-1997. OSHA further believes that the provisions of ANSI
Z89.1-1969 and ANSI Z89.2-1971 are outdated, and employers in the
industry are not using head protection that complies with the testing
requirements of these outdated standards. Accordingly, the Agency
determined that incorporating these editions of ANSI Z89.1 consensus
standards for head protection into 29 CFR 1926.100(b) does not add a
compliance burden for employers. OSHA invites the public to comment on
whether use of head protection compliant with ANSI Z89.1-2009, ANSI
Z89.1-2003, or ANSI Z89.1-1997 represents current industry practice.
Paragraph (b)(2) of the proposed head protection standard for
construction (see Sec. 1926.100 (Head protection) below) addresses the
requirement for the employer to ensure that the head protection
provided for each employee exposed to high-voltage electric shock and
burns also meets the specifications contained in Section 9.7
("Electrical Insulation") of any of the consensus standards
identified in proposed paragraph (b)(1) of this section. This
requirement updates paragraph (c) of existing Sec. 1926.100, which
references outdated ANSI Z89.2-1971 ("Safety Requirements for
Industrial Protective Helmets for Electrical Workers, Class B"). ANSI
subsequently discontinued this separate consensus standard and included
its provisions in ANSI Z89.1 beginning with the 1981 edition of ANSI
Z89.1. OSHA is including paragraph (b)(2) in this NPRM to emphasize
that employers must ensure that each employee exposed to the hazards of
high-voltage electric shock and burns wears head protection that
complies with the electrical-insulation testing requirements specified
in Section 9.7 of the 1997, 2003, or 2009 editions of ANZI Z89.1, in
addition to the requirements in those consensus standards that test
helmets for protection against falling-object hazards under various
conditions.
In addition to updating the references to ANSI Z89.1, OSHA is
adding a provision to the construction standard that permits an
employer to use head protection that is not manufactured in accordance
with one of the incorporated ANSI Z89.1 consensus standards if the
employer can demonstrate that the head protection it selects protects
employees at least as effectively as head protection tested and
constructed in accordance with one of the incorporated ANSI Z89.1
standards. Currently, the construction standard does not include such a
provision. However, the general industry and maritime industry
standards do include such a provision (e.g., Sec. 1910.135(b)(2)).
Therefore, to allow flexibility and ensure consistency across
standards, OSHA also is adding identical language to the construction
standard.
In conclusion, OSHA examined the standards for head protection
issued by ANSI over the last 40 years, and found that these standards
reflect the state of the art in terms of design safety that existed
when ANSI issued them. However, OSHA also found improvements in the
design-safety requirements of each successive edition of these
standards that would enhance employee protection from falling-object
and electrical hazards.
IV. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 651 et seq., is to achieve to the extent possible safe
and healthful working conditions for all employees. 29 U.S.C. 651(b).
To achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards. 29
U.S.C. 654(b), 655(b). A safety or health standard is a standard that
"requires conditions, or the adoption or use of one or more practices,
means, methods, operations, processes reasonably necessary or
appropriate to provide safe or healthful employment or places of
employment." 29 U.S.C. 652(8). A standard is reasonably necessary or
appropriate within the meaning of Section 652(8) of the OSH Act when a
significant risk of material harm exists in the workplace and the
proposed standard would substantially reduce or eliminate that
workplace risk. See Industrial Union Department, AFL-CIO v. American
Petroleum Institute, 448 U.S. 607 (1980). OSHA already determined that
requirements for head protection, including design requirements, are
reasonably necessary or appropriate within the meaning of Section
652(8).
This NPRM neither reduces employee protection nor alters an
employer's obligations under the existing standards. OSHA believes
that, under this NPRM, employers would be able to continue to use the
same equipment they are using currently to meet their compliance
obligation under the existing standards' design-criteria requirements.
This NPRM would provide employers with additional options for meeting
the design-criteria requirements for head protection--options most
employers already are using. Therefore, this NPRM would not alter the
substantive protection that employers must provide to employees and the
compliance burdens on employers. Accordingly, OSHA need not, in this
rulemaking, determine significant risk or the extent to which this NPRM
would reduce that risk, as typically required by Industrial Union
Department.
B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
OSHA preliminarily determined that this NPRM is not economically
significant within the context of Executive Order 12866, or a major
rule under the Unfunded Mandates Reform Act or Section 801 of the Small
Business Regulatory Enforcement Fairness Act. In addition, this NPRM
complies with Executive Order 13563. The rulemaking imposes no
additional costs on any private or public sector entity, and does not
meet any of the criteria for an economically significant or major rule
specified by the Executive Order or relevant statutes.
This rulemaking allows employers increased flexibility in choosing
head protection for employees. However, this NPRM would not require an
employer to update or replace its head protection solely as a result of
this proposed rule if the head protection currently in use meets the
revised standards. Furthermore, because the rule would impose no costs,
OSHA certifies that it will not have a significant economic impact on a
substantial number of small entities.
C. OMB Review Under the Paperwork Reduction Act of 1995
OSHA preliminarily determined that this NPRM would not impose new
information-collection requirements for purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-30. Accordingly, the Agency does
not have to prepare an Information Collection Request in association
with this NPRM.
Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503. The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of this
NPRM. For instructions on submitting these comments and accessing the
docket, see the sections of this Federal Register notice titled DATES and
ADDRESSES. However, OSHA will not consider any comment received on this
paperwork determination to be a "significant adverse comment" as
specified above under Section II ("Direct Final Rulemaking").
To make inquiries, or to request other information, contact Mr.
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609,
U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC
20210; telephone (202) 693-2222.
D. Federalism
OSHA reviewed this NPRM in accordance with the Executive Order on
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which
requires that agencies, to the extent possible, refrain from limiting
state policy options, consult with states prior to taking any actions
that would restrict state policy options, and take such actions only
when clear constitutional authority exists and the problem is national
in scope. Executive Order 13132 provides for preemption of state law
only with the expressed consent of Congress. Agencies must limit any
such preemption to the extent possible.
Under Section 18 of the Occupational Safety and Health Act of 1970
(OSH Act; 29 U.S.C. 667), Congress expressly provides that states may
adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; states that
obtain Federal approval for such a plan are referred to as "State-Plan
States." (29 U.S.C. 667.) Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. Subject to these requirements, State-Plan States are
free to develop and enforce under state law their own requirements for
occupational safety and health standards.
While OSHA drafted this NPRM to protect employees in every state,
Section 18(c)(2) of the Act permits State-Plan States and U.S.
Territories to develop and enforce their own standards for the design
of head protection provided these requirements are at least as
effective in providing safe and healthful employment and places of
employment as the requirements specified in this NPRM.
In summary, this NPRM complies with Executive Order 13132. In
states without OSHA-approved state plans, this rulemaking limits state
policy options in the same manner as other OSHA standards. In State-
Plan States, this rulemaking does not significantly limit state policy
options because, as explained in the following section, State-Plan
States do not have to adopt the direct final rule.
E. State-Plan States
When Federal OSHA promulgates a new standard or amends an existing
standard to be more stringent than it was previously, the 27 states or
U.S. territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing state standard covering this area is at least as effective
as the new Federal standard or amendment. 29 CFR 1953.5(a). In this
regard, the state standard must be at least as effective as the final
Federal rule. State-Plan States must adopt the Federal standard or
complete their own standard within six months of the publication date
of the final Federal rule. When OSHA promulgates a new standard or
amendment that does not impose additional or more stringent
requirements than the existing standard, State-Plan States need not
amend their standards, although OSHA may encourage them to do so. The
following 22 states and U.S. territories have OSHA-approved
occupational safety and health plans that apply only to private-sector
employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut,
Illinois, New Jersey, New York, and the Virgin Islands have OSHA-
approved State Plans that apply only to state and local government
employees.
With regard to this NPRM, it will not impose any additional or more
stringent requirements on employers compared to existing OSHA
standards. Through this rulemaking, OSHA is updating the references in
its standards to recognize the recent edition of the applicable
national consensus standard, and deleting outdated editions of the
national consensus standards referenced in its existing head protection
standards. This NPRM does not require employers to update or replace
their head-protection equipment solely as a result of this rulemaking
if the equipment currently in use meets the requirements of this NPRM.
OSHA believes that removing references to ANSI Z89.1-1969 and -1986,
and ANSI Z89.2-1971, will have no effect on employers because, in view
of the limited useful life of protective helmets, the Agency assumes
that no protective helmets currently are available or in use that
manufacturers tested in accordance with these consensus standards.
Therefore, this NPRM does not require action under 29 CFR
1953.5(a), and State-Plan States would not need to adopt this rule or
show OSHA why such action is unnecessary. However, to the extent these
State-Plan States have the same standards as the OSHA standards
affected by this NPRM, OSHA encourages them to adopt the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this NPRM according to the Unfunded Mandates Reform
Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and Executive Order 12875 (58
FR 58093, Oct. 28, 1993). 75 FR at 48130. As discussed above in Section
IV.B ("Preliminary Economic Analysis and Regulatory Flexibility
Certification") of this preamble, OSHA determined that this NPRM would
impose no additional costs on any private-sector or public-sector
entity. Accordingly, this NPRM would require no additional expenditures
by either public or private employers.
As noted above under Section IV.E ("State-Plan States") of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this NPRM does not meet the definition of a
"Federal intergovernmental mandate" (see Section 421(5) of the UMRA
(2 U.S.C. 658(5)). Therefore, for the purposes of the UMRA, OSHA
certifies that this NPRM does not mandate that state, local, or tribal
governments adopt new, unfunded regulatory obligations, or increase
expenditures by the private sector of more than $100 million in any
year.
G. Consultation and Coordination With Indian Tribal Governments
OSHA reviewed this NPRM in accordance with Executive Order 13175,
65 FR 67,249 (Nov. 9, 2000), and determined that it would not have
"tribal implications" as defined in that order. This NPRM would not
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes.
H. Consultation With the Advisory Committee on Construction Safety and
Health
Under 29 CFR parts 1911 and 1912, OSHA must consult with the
Advisory Committee on Construction Safety and Health (ACCSH or "the
Committee"), established pursuant to Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in setting
standards for construction work. Specifically, Sec. 1911.10(a)
requires the Assistant Secretary to provide ACCSH with a draft proposed
rule (along with pertinent factual information), and give the Committee
an opportunity to submit recommendations. See also Sec. 1912.3(a)
("[W]henever occupational safety or health standards for construction
activities are proposed, the Assistant Secretary [for Occupational
Safety and Health] shall consult the Advisory Committee.").
On December 15, 2011, OSHA presented a draft of this NPRM to ACCSH,
as well as tables comparing the provisions of the outdated reference
standards with the provisions of the recent editions of ANSI Z89.1.
OSHA then explained that the rule would update the references to ANSI
Z89.1 and Z89.2 in the current construction standard. The ACCSH
subsequently recommended that OSHA pursue this rulemaking and replace
the outdated references to ANSI Z89.1-1969 in the current construction
standard for head protection with references to the 1997, 2003, and
2009 editions of ANSI Z89.1, and replace the outdated reference to ANSI
Z89.2-1971 with the 2009 edition of ANSI Z89.1. (A transcription of
these proceedings is available at Ex. Docket No. OSHA-2011-0124-0025,
pp. 237-245.)
V. Authority and Signature
David Michaels, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210, authorized the preparation of this NPRM. OSHA is
issuing this NPRM pursuant to 29 U.S.C. 653, 655, 657, 5 U.S.C. 553,
Secretary of Labor's Order 1-2012 (77 FR 3912), and 29 CFR part 1911.
List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926
Head protection, Occupational safety and health, Safety.
Signed at Washington, DC, on June 14, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Amendments to Standards
For the reasons stated above in the preamble, the Occupational
Safety and Health Administration proposes to amend 29 CFR parts 1910,
1915, 1917, 1918, and 1926 as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
1. Revise the authority citation for subpart A of part 1910 to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).
2. Amend Sec. 1910.6 by revising paragraphs (e)(71) through
(e)(73) to read as follows:
Sec. 1910.6 Incorporation by reference.
* * * * *
(e) * * *
(71) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1910.135(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(72) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1910.135(b)(1)(ii). Copies of ANSI Z89.1-2003 are available
for purchase only from the International Safety Equipment Association,
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(73) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1910.135(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for
purchase only from the International Safety Equipment Association, 1901
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
3. Amend Sec. 1910.135 by revising paragraph (b)(1) to read as
follows:
Sec. 1910.135 Head protection.
* * * * *
(b) Criteria for head protection. (1) Head protection must comply
with any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1910.6;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1910.6; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
"American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements," incorporated by
reference in Sec. 1910.6.
* * * * *
PART 1915--[AMENDED]
4. The authority citation for part 1915 continues to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable.
Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR 1911.
Subpart A--[Amended]
5. Amend Sec. 1915.5 by revising paragraphs (d)(1)(ix)through
(d)(1)(xi) to read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d)(1) * * *
(ix) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1915.155(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(x) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1915.155(b)(1)(ii). Copies of ANSI Z89.1-2003 are available
for purchase only from the International Safety Equipment Association,
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(xi) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1915.155(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for
purchase only from the International Safety Equipment Association, 1901
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
6. Amend Sec. 1915.155 by revising paragraph (b)(1) to read as
follows:
Sec. 1915.155 Head protection.
* * * * *
(b) Criteria for protective helmets. (1) Head protection must
comply with any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1915.5;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1915.5; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
"American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements," incorporated by
reference in Sec. 1915.5.
* * * * *
PART 1917--[AMENDED]
7. Revise the authority citation for part 1917 to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 7 FR 3912),as applicable; and 29 CFR 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Subpart A--[Amended]
8. Amend Sec. 1917.3 by revising paragraphs (b)(9) through (b)(11)
to read as follows:
Sec. 1917.3 Incorporation by reference.
(b) * * *
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1917.93(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1917.93(b)(1)(ii). Copies of ANSI Z89.1-2003 are available
for purchase only from the International Safety Equipment Association,
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1917.93(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for
purchase only from the International Safety Equipment Association, 1901
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
Subpart E--[Amended]
9. Amend Sec. 1917.93 by revising paragraph (b)(1) to read as
follows:
Sec. 1917.93 Head protection.
* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1917.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1917.3; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
"American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements," incorporated by
reference in Sec. 1917.3.
* * * * *
PART 1918--[AMENDED]
10. Revise the authority citation for part 1918 to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Subpart A--[Amended]
11. Amend Sec. 1918.3 by revising paragraphs (b)(9) through
(b)(11) to read as follows:
Sec. 1918.3 Incorporation by reference.
* * * * *
(b) * * *
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1918.103(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1918.103(b)(1)(ii). Copies of ANSI Z89.1-2003 are available
for purchase only from the International Safety Equipment Association,
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1918.103(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for
purchase only from the International Safety Equipment Association, 1901
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
Subpart J--[Amended]
12. Amend Sec. 1918.103 by revising paragraph (b)(1) to read as
follows:
Sec. 1918.103 Head protection.
* * * * *
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1918.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1918.3; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
"American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements," incorporated by
reference in Sec. 1918.3.
* * * * *
PART 1926--[AMENDED]
A--General [Amended]
13. Revise the authority citation for subpart A of part 1926 to
read as follows:
Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 6-96 (62 FR 111), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
14. Amend Sec. 1926.6 as follows:
a. Revise paragraphs (h)(28) and (h)(29).
b. Add new paragraph (h)(30).
Sec. 1926.6 Incorporation by reference.
* * * * *
(h) * * *
(28) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1926.100(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901 North Moore Street, Arlington, VA
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site:
www.safetyequipment.org.
(29) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1926.100(b)(1)(ii). Copies of ANSI Z89.1-2003 are available
for purchase only from the International Safety Equipment Association,
1901 North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-
1695; fax: 703-528-2148; Web site: www.safetyequipment.org.
(30) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements; IBR approved for Sec.
1926.100(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for
purchase only from the International Safety Equipment Association, 1901
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
* * * * *
Subpart E--[Amended]
15. Revise the authority citation for subpart E of part 1926 to
read as follows:
Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR
31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.
16. Amend Sec. 1926.100 as follows:
a. Add paragraphs (b)(1) through (b)(3).
b. Remove paragraph (c).
Sec. 1926.100 Head protection.
* * * * *
(b) * * *
(1) The employer must provide each employee with head protection
that meets the specifications contained in any of the following
consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1926.6;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
"American National Standard for Industrial Head Protection,"
incorporated by reference in Sec. 1926.6; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
"American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements," incorporated by
reference in Sec. 1926.6.
(2) The employer must ensure that the head protection provided for
each employee exposed to high-voltage electric shock and burns also
meets the specifications contained in Section 9.7 ("Electrical
Insulation") of any of the consensus standards identified in paragraph
(b)(1) of this section.
(3) OSHA will deem any head protection device that the employer
demonstrates is at least as effective as a head protection device
constructed in accordance with one of the consensus standards
identified in paragraph (b)(1) of this section to be in compliance with
the requirements of this section.
[FR Doc. 2012-15031 Filed 6-21-12; 8:45 am]
BILLING CODE 4510-26-P
