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• Publication Date: 08/07/2012
• Publication Type: Final Rules
• Fed Register #: 77: 46948-46950
• Standard Number: 1910; 1926
• Title: Respiratory Protection; Mechanical Power Presses; Scaffold Specifications; Correction and Technical Amendment

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46948-46950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19077]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. OSHA-2006-0049]


Respiratory Protection; Mechanical Power Presses; Scaffold
Specifications; Correction and Technical Amendment

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correction and technical amendment.

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SUMMARY: OSHA is correcting the medical evaluation questionnaire in
Appendix C of its Respiratory Protection standard by removing the term
"fits" in a question. OSHA also is correcting its Mechanical Power
Presses standard for general industry by restoring requirements that
were removed inadvertently from the regulatory text. Finally, the
Agency is correcting a cross reference made in two paragraphs in
Appendix A to subpart L of its scaffold standards for construction.

DATES: The effective date for the corrections and technical amendment
to the standards is August 7, 2012.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, Director, Office of
Communications, OSHA, U.S. Department of Labor, Room N-3647, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999; email: meilinger.francis2@dol.gov.
    General and technical information: Kenneth Stevanus, OSHA Office of
Engineering Safety, OSHA, Room N-3621, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693
2260; email: stevanus.ken@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Appendix C (Mandatory) to Sec.  1910.134 (Respiratory Protection)

    In the Standards Improvement Project-Phase III (SIP-III) final
rule, published on June 8, 2011 (76 FR 33590), OSHA revised question
2.a in the OSHA Respirator Medical Evaluation Questionnaire, Appendix
C, Part A, Section 2, of its Respiratory Protection standard (Sec.
1910.134) by deleting the word "fits," leaving only the word
"seizures" to describe the applicable medical condition. OSHA
received no public comment on this revision in the proposed SIP-III
rule (75 FR 38646, 38650). Therefore, in the final SIP-III rule, OSHA
determined that (1) use of the term "fits" is outdated, unnecessary,
and offensive, and (2) this revision would have no effect on
administration of, or responses to, the questionnaire (76 FR 33590,
33595). Subsequent to publication of the SIP-III final rule, OSHA found
an additional use of the term "fits" in Appendix C of Sec.  1910.134:
namely, question 7.d. This Federal Register notice will remove the term
"fits" from question 7.d.
    In addition, when OSHA promulgated the revised Respiratory
Protection standard on January 8, 1998 (63 FR 1152), the introductory
language of Appendix C included the following prefatory question to the
employee: "Can you read (circle one): Yes/No." Because this question
is illogical (i.e., employees who cannot read cannot respond validly to
the question), this Federal Register notice will remove this question
from Appendix C of Sec.  1910.134.

B. Mechanical Power Presses (Sec.  1910.21)

    On December 27, 2011, OSHA published a Federal Register notice
making corrections and technical amendments to 16 OSHA standards (76 FR
80735). One of the standards involved the Mechanical Power Presses
standard for general industry (Sec.  1910.217); paragraph (g)(1) of
this standard requires employers to submit to OSHA reports of employees
injured while operating such presses. Specifically, paragraph (g)(1)
requires that employers submit the reports to federal OSHA or, for
state-plan states, the state agency administering the plan. The purpose
of revising this paragraph was to include the new title of the federal
OSHA office designated to receive the reports, and to provide an
electronic address for submitting the reports, consistent with the
recommendations of the Paperwork Reduction Act and associated
regulations (44 U.S.C. chapter 35; 5 CFR 1320.8(a)(5)). However, the
requirements in paragraph (g)(1) specifying what information to include
in the report were missing from the subsequent Code of Federal
Regulations generated by the Office of the Federal Register. This
Federal Register notice will restore these missing requirements.

C. Appendix A (Non-mandatory) to 29 CFR 1926, Subpart L (Scaffolds)

    On August 30, 1996, OSHA published the Scaffold standard for
construction at 29 CFR 1926, subpart L (61 FR 46026). Paragraphs (z)(3)
and (z)(5) in Appendix A of that standard, which address tank builders'
scaffolds, incorrectly refer to the guardrail requirements at Sec.
1926.451(e)(4). The requirements at Sec.  1926.451(e)(4) contain
provisions for stair towers, which are not applicable to tank building
scaffolds. The reference cited in paragraphs (z)(3) and (z)(5) should
be to paragraph Sec.  1926.451(g)(4), which addresses guardrail systems
for tank building scaffolds. Accordingly, this Federal Register notice
will revise paragraphs (z)(3) and (z)(5) of Appendix A to refer to
Sec.  1926.451(g)(4) instead of Sec.  1926.451(e)(4).

II. Exemption from Notice-and-Comment Procedures

    OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29
CFR 1911.5. This rulemaking does not affect or change any existing
rights or obligations, and no stakeholder is likely to object to them.
Therefore, the Agency finds good cause that public notice and comment
are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C.
655(b), and 29 CFR 1911.5.

List of Subjects

29 CFR Part 1910

    Mechanical power presses, Occupational safety and health,
Respiratory protection.

29 CFR Part 1926

    Scaffolds, Occupational safety and health.

Authority and Signature

    David Michaels, MPH, Ph.D., 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 document. Accordingly, pursuant to Section 6 of 29
U.S.C. 655, Section 4 of 5 U.S.C. 553, Secretary of Labor's Order No.
1-2012 (77 FR 3912), and 29 CFR 1911.5.

    Signed at Washington, DC on July 27, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    Accordingly, OSHA is amending 29 CFR parts 1910 and 1926 by making
the following corrections and technical amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart I--[Amended]

0
1. Revise the authority citation for subpart I to read as follows:

    Authority: 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.
    Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued
under 29 CFR 1911.
    Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued
under 29 CFR 1911 and 5 U.S.C. 553.

0
2. In Sec.  1910.134:
0
a. In the introductory text of Appendix C to Sec.  1910.134, remove
"Can you read (circle one): Yes/No".
0
b. Revise question 7.d. in Part A, Section 2 (Mandatory) of Appendix C,
to read as follows:


Sec.  1910.134  Respiratory protection.

* * * * *

Appendix C to Sec.  1910.134: * * *

* * * * *
    Part A. Section 2. * * *
    7. * * *
    d. Seizures: Yes/No
* * * * *

Subpart O--[AMENDED]

0
3. Revise the authority citation for subpart O to read as follows:

    Authority:  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.
    Sections 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.


0
4. Amend Sec.  1910.217 by revising paragraph (g) to read as follows:


Sec.  1910.217  Mechanical power presses.

* * * * *
    (g) Reports of injuries to employees operating mechanical power
presses. (1) The employer shall report, within 30 days of the
occurrence, all point-of-operation injuries to operators or other
employees to either the Director of the Directorate of Standards and
Guidance at OSHA, U.S. Department of Labor, Washington, DC 20210 or
electronically at  http://www.osha.gov/pls/oshaweb/mechanical.html; or
to the State Agency administering a plan approved by the Assistant
Secretary of Labor for Occupational Safety and Health.
    (2) The report shall include the following information:
    (i) Employer's name, address and location of the workplace
(establishment).
    (ii) Employee's name, injury sustained, and the task being
performed (operation, set-up, maintenance, or other).
    (iii) Type of clutch used on the press (full revolution, part
revolution, or direct drive).
    (iv) Type of safeguard(s) being used (two hand control, two hand
trip, pullouts, sweeps, or other). If the safeguard is not described in
this section, give a complete description.
    (v) Cause of the accident (repeat of press, safeguard failure,
removing stuck part or scrap, no safeguard provided, no safeguard in
use, or other).
    (vi) Type of feeding (manual with hands in dies or with hands out
of dies, semiautomatic, automatic, or other).
    (vii) Means used to actuate press stroke (foot trip, foot control,
hand trip, hand control, or other).
    (viii) Number of operators required for the operation and the
number of operators provided with controls and safeguards.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart L--[AMENDED]

0
5. Revise the authority citation for subpart L to read as follows:

    Authority:  40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order Nos. 1-90 (55 FR 9033), 5-2007 (72 FR 31159), or 1-
2012 (77 FR 3912); and 29 CFR part 1911.


0
6. Revise paragraphs (z)(3) and (z)(5) of Appendix A to subpart L to
read as follows:
* * * * *

(Non-Mandatory) Appendix A to Subpart L of Part 1926--Scaffold
Specifications.

* * * * *
    (z) * * *
    (3) A taut wire or synthetic rope supported on the scaffold
brackets shall be installed at the scaffold plank level between the
innermost edge of the scaffold platform and the curved plate
structure of the tank shell to serve as a safety line in lieu of an
inner guardrail assembly where the space between the scaffold
platform and the tank exceeds 12 inches (30.48 cm). In the event the
open space on either side of the rope exceeds 12 inches (30.48 cm),
a second wire or synthetic rope appropriately placed, or guardrails
in accordance with Sec.  1926.451(g)(4), shall be installed in order
to reduce that open space to less than 12 inches (30.48 cm).
* * * * *
    (5) Guardrails shall be constructed of a taut wire or synthetic
rope, and shall be supported by angle irons attached to brackets
welded to the steel plates. These guardrails shall comply with Sec.
1926.451(g)(4). Guardrail supports shall be located at no greater
than 10 feet 6 inch intervals.
* * * * *
[FR Doc. 2012-19077 Filed 8-6-12; 8:45 am]
BILLING CODE 4510-26-P

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