- Standard Number:1910.133(a)(6)
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
May 4, 1984
Mr. W.C. White
Glendale Optical Company, Inc.
130 Crossways Park Drive
Woodbury, New Jersey 11797
Dear Mr. White:
This is in response to your informational letter of April 2, concerning the use of eye protection devices not meeting exactly the requirements of ANSI Z87.1-1968.
OSHA's standards at 29 CFR 1910.133(a)(6) provide that "design, construction, testing, and use of devices for eye and face protection shall be in accordance with American National Standard for Occupational and Educational Eye and Face Protection, Z87.1-1968." The referenced ANSI standard, however, states in paragraph 2 that "variations from the requirements of this standard may be granted by the authority having jurisdiction only when it is demonstrated to the satisfaction of the administrative agency that equivalent protection is afforded."
On the basis of the information which you have provided to us, OSHA has determined that your product, the UL-TEMA (7800 Series) does provide protection equivalent to that provided by eye protection which meets all the rquirements of ANSI Z87.1-1968. Therefore, OSHA would consider employers using this product to be in compliance with 29 CFR 1910.133(a)(6) and such employers would not be cited, if this equipment was being used and maintained properly.
It is extremely important, as we have previously mentioned, that the UL-TEMA be permanently marked in a manner that would easily allow employers, employees, and our compliance personnel to distinguish it from other types of protective eyewear. Otherwise, employees could mistakenly use eyewear providing insufficient protection. We wish to emphasize that our determination applies only to the completely assembled eye protection device, the UL-TEMA, and not to the lenses separately.
If we may be of further assistance, Please let us know.
John B. Miles, Jr., Director
Directorate of Field Operations