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• Publication Date: 07/01/1994
• Publication Type: Final Rules
• Fed Register #: 59:33910-33911
• Title: Personal Protective Equipment for General Industry

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-060]

RIN 1218-AA71

Personal Protective Equipment for General Industry

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.

ACTION: Final rule; corrections.

SUMMARY: This document makes corrections to the final rule on Personal Protective Equipment for General Industry, which was published in the Federal Register on April 6, 1994 at 59 FR 16334.

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION: This document contains corrections to the final rule for Personal Protective Equipment for General Industry, which was published on April 6, 1994 (59 FR 16334). As published, the final rule contains typographical errors as well as language that does not clearly express OSHA's intent. As explained below, this document is necessary to correct the identified errors and to indicate clearly what the Agency intended when it promulgated the final rule.

Amendments to 29 CFR 1910.132 (General Requirements)

OSHA has received many comments concerning the applicability of the general requirements contained in 1910.132. In the preamble to the final rule (59 FR 16334), OSHA stated:

The provisions of existing 1910.134 and 1910.137 (which cover respiratory protection and electrical protective devices, respectively) are the subjects of separate rulemaking actions and are not addressed by this rulemaking.

The comments to OSHA indicated that, although OSHA stated that 1910.134 and 1910.137 were not being addressed by this rulemaking (April 6, 1994), it was still unclear whether the Agency intended for the new requirements of 1910.132 to apply to 1910.134 and 1910.137.

The intent of OSHA was that paragraph (d), hazard assessment, and paragraph (f), training, would apply only to 1910.133, 1910.135, 1910.136, and 1910.138. Therefore, OSHA is amending the final rule by adding a new paragraph, (g), to 1910.132 that explains the applicability of the requirements for hazard assessments and training.

Amendments to 29 CFR 1910.133 (Eye and Face Protection)

On page 16361, the table: "Filter Lenses for Protection Against Radiant Energy" contains a typographical error. The column heading "Electric Size 1/32 in." should read, "Electrode Size 1/32 in."

Amendments to 29 CFR 1910.136 (Foot Protection)

On page 16362, paragraph (a) reads, in part:

General requirements. Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to falling and rolling objects * * * (emphasis added).

It has come to OSHA's attention that the word "and" between the words, "falling" and "rolling objects" could be interpreted to mean that both types of hazard must be present before the use of protective footwear is required.

The intent of OSHA was that the use of protective footwear is required when either of these hazards are present. OSHA inadvertently used the word, "and" instead of the word, "or", and is amending paragraph (a) of 1910.136 of the final rule to clarify its intent.

Amendments to 29 CFR 1910.138 (Hand Protection)

In the final rule, OSHA added a new section (1910.138) to Subpart I to address hand hazards. However, the Agency, inadvertently, failed to explain what would happen to the existing 1910.138, "Effective dates."

It was the intent of OSHA to remove the existing 1910.138, and replace it with a new 1910.138 that would contain the requirements for hand protection. Accordingly, the Agency is amending the final rule to clarify that existing 1910.138 is removed and is replaced with a new 1910.138 for hand protection.

Authority: This document was prepared under the direction of Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.

Signed at Washington, DC, this 27th day of June, 1994.

Joseph A. Dear,
Assistant Secretary of Labor.

Accordingly, the publication on April 6, 1994 of Subpart I which was the subject of FR Doc 94-7581 is hereby corrected as set forth below.

1910.132 [Corrected]

1. On page 16360, in the first column, the amendatory instruction number 2 is corrected to read:

"2. New paragraphs (d) through (g) are added to read as follows:".

2. On page 16360, in the first column, 1910.132 is corrected by adding a new paragraph (g), to read as follows:

(g) Paragraphs (d) and (f) of this section apply only to 1910.133, 1910.135, 1910.136, and 1910.138. Paragraphs (d) and (f) of this section do not apply to 1910.134 and 1910.137.

1910.133 [Corrected]

3. On page 16361, in the table: "Filter Lenses for Protection Against Radiant Energy", the column heading "Electric Size 1/32 in." is corrected to read, "Electrode Size 1/32 in."

1910.136 [Corrected]

4. On page 16362, in the first column, on line 5 in paragraph (a) of 1910.136, the word "and" between the words "falling" and "rolling" is corrected to read, "or".

1910.138 [Corrected]

5. On page 16362, in the second column, amendatory instruction number 5 is corrected to read:

"5. Section 1910.138 is revised to read as follows:".

[FR Doc. 94-16014 Filed 6-30-94; 8:45 am]


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