[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38985-38986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13907]



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; 
email: meilinger.francis2@dol.gov.
    General and technical information: Tiffany DeFoe, Director, Office 
of Chemical Hazards-Metals, OSHA Directorate of Standards and Guidance; 
telephone: (202) 693-1950; email: defoe.tiffany@dol.gov.


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outdated references to ``Table 1 of this section'' with the correct 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 
standard change.
    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.

James Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.

    Accordingly, OSHA is correcting 29 CFR part 1926 with the following 


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 
U.S.C. 553.

    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,
    (B) Welding,
    (C) Cutting, and
    (D) Torch burning.
* * * * *
[FR Doc. 2022-13907 Filed 6-29-22; 8:45 am]