[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13907]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
Safety and Health Regulations for Construction--Lead
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Correcting amendment.
SUMMARY: OSHA is issuing a correcting amendment to the OSHA lead
standard for construction to correct the inadvertent removal of
regulatory text resulting from a notice of correcting amendments issued
February 18, 2020.
DATES: Effective June 30, 2022.
FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger,
Director, OSHA Office of Communications; telephone: (202) 693-1999;
General and technical information: Tiffany DeFoe, Director, Office
of Chemical Hazards-Metals, OSHA Directorate of Standards and Guidance;
telephone: (202) 693-1950; email: email@example.com.
I. Summary and Explanation
Safety and Health Regulations for Construction--Lead (Sec. 1926.62)
OSHA is correcting 29 CFR 1926.62 to restore regulatory text that
was inadvertently removed from the OSHA lead standard for construction
by amendments published on February 18, 2020 (85 FR 8726, 8735). This
action is to reinstate the omitted regulatory text and restore the OSHA
lead standard for construction to its correct version. The agency is
issuing this notice to restore
regulatory text at paragraph Sec. 1926.62 (d)(2)(iv).
On February 18, 2020, OSHA corrected typographical errors,
including extraneous or omitted materials and inaccurate graphics, in
27 OSHA standards and regulations. In one of these corrections under
Subpart D--Occupational Health and Environmental Controls, Lead, OSHA
amended paragraphs 1926.62(d)(2)(iii) and (iv) by replacing the
outdated references to ``Table 1 of this section'' with the correct
references to ``paragraph (f) of this section,'' as Table 1 no longer
existed (see 85 FR at 8728).
These corrections resulted in the inadvertent removal of the list
of tasks at the end of paragraph (d)(2)(iv). OSHA is correcting 29 CFR
1926.62 to restore this list.
II. Exemption From Notice and Comment Procedures
OSHA has determined this correction is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedure Act (5 U.S.C. 553), and Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking only reinstates the inadvertent removal of four lines of
regulatory text. The text that was removed was originally promulgated
as part of an interim final rule mandated by Title X of the Housing and
Community Development Act of 1992 (Pub. L. 102-550) and was included in
Sec. 1926.62(d)(2)(iv) for more than 25 years until its inadvertent
deletion. No stakeholder is likely to object to this correction.
Therefore, the agency finds good cause, in accordance with 29 CFR
1911.5 and 5 U.S.C. 553(b)(3)(B), that public notice and comment are
unnecessary under 5 U.S.C. 553(b) and 29 U.S.C. 655(b).
III. State Plans
When federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the states and U.S. Territories with
their own OSHA-approved occupational safety and health plans (State
Plans) must promulgate a state standard adopting such new federal
standard or more stringent amendment to an existing federal standard,
or an at least as effective equivalent thereof, within six months of
promulgation of the new federal standard or amendment. The state may
demonstrate that a standard change is not necessary if the state
standard is already the same or at least as effective as the federal
Of the 28 states and territories with OSHA-approved State Plans, 22
cover public and private-sector employees: 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. The
remaining six states and territories cover only state and local
government employees: Connecticut, Illinois, Maine, New Jersey, New
York, and the Virgin Islands.
OSHA concludes this correcting amendment restores inadvertently
removed regulatory text which contains protections afforded employees
under this standard for more than 25 years. Therefore, OSHA has
determined that, within six months of the rule's promulgation date,
State Plans must review their state standards and adopt this
correction, unless the State Plans demonstrate that such amendment is
not necessary, either because their existing standards continue to
include the language that was inadvertently removed from the federal
standard or because they have adopted different standards that are at
least as effective as the reinstated federal provisions.
Authority and Signature
James Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210, authorized the
preparation of this notice pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); Secretary of Labor's Order 8-2020 (85 FR 58393 (Sept. 18, 2020));
29 CFR part 1911; and 5 U.S.C. 553.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, OSHA is correcting 29 CFR part 1926 with the following
PART 1926--OCCUPATIONAL SAFETY AND HEALTH REGULATIONS FOR
1. The authority citation for subpart D is revised to read as follows:
Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and
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 31159), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
Sections 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
Section 1926.62 also issued under sec. 1031, Public Law 102-550,
106 Stat. 3672 (42 U.S.C. 4853).
Section 1926.65 also issued under sec. 126, Public Law 99-499,
100 Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.
2. Amend Sec. 1926.62 by revising paragraph (d)(2)(iv) to read as
Sec. 1926.62 Lead.
* * * * *
(d) * * *
(2) * * *
(iv) With respect to the tasks listed in this paragraph (d)(2)(iv),
where lead is present, until the employer performs an employee exposure
assessment as required in this paragraph (d) and documents that the
employee performing any of the listed tasks is not exposed to lead in
excess of 2,500 [mu]g/m\3\ (50xPEL), the employer shall treat the
employee as if the employee were exposed to lead in excess of 2,500
[mu]g/m\3\ and shall implement employee protective measures as
prescribed in paragraph (d)(2)(v) of this section. Where the employer
does establish that the employee is exposed to levels of lead below
2,500 [mu]g/m\3\, the employer may provide the exposed employee with
the appropriate respirator prescribed for use at such lower exposures,
in accordance with paragraph (f) of this section. Interim protection as
described in this paragraph is required where lead containing coatings
or paint are present on structures when performing:
(A) Abrasive blasting,
(C) Cutting, and
(D) Torch burning.
* * * * *
[FR Doc. 2022-13907 Filed 6-29-22; 8:45 am]
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