[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13295-13304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05521]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSHA-2014-0024]
RIN 1218-AC87


Updating OSHA Standards Based on National Consensus Standards; 
Eye and Face Protection

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Occupational Safety and Health Administration (``OSHA'' or 
``Agency'') is issuing this notice of proposed rulemaking to update its 
general industry, shipyard employment, marine terminals, longshoring, 
and construction eye and face protection standards by incorporating by 
reference the three most recent versions of the American National 
Standards Institute (``ANSI'' or ``national consensus standard'') 
Occupational and Educational Eye and Face Protection standard. In 
addition, OSHA proposes to change language in the construction eye and 
face protection standard to make it consistent with both the general 
industry and maritime standards.

DATES: Submit comments on this notice of proposed rule (including 
comments on the information-collection (paperwork) determination 
described under the section titled Procedural Determinations, hearing 
requests, and other information) by April 13, 2015. All submissions 
must bear a postmark or provide other evidence of the submission date 
(the following section titled ADDRESSES describes the available methods 
of making submissions).

ADDRESSES: Submit comments, hearing requests, and other information as 
follows:
     Electronic. Submit comments electronically to http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for submitting comments.
     Facsimile. OSHA allows facsimile transmission of comments 
and hearing requests that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648; OSHA does not require hard copies of these documents. Instead 
of transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters must submit 
these attachments to the OSHA Docket Office, Technical Data Center 
(TDC), Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution 
Ave. NW., Washington, DC 20210. These attachments must clearly identify 
the sender's name, date, subject, and docket number (i.e., OSHA-2014-
0024 so that the Agency can attach them to the appropriate document.
     Regular mail, express delivery, hand delivery, and 
messenger (courier) service. Submit comments and any additional 
material (e.g., studies, journal articles) to the OSHA Docket Office, 
Docket No. OSHA-2013-0024 or RIN 1218-AC8708 Technical Data Center, 
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is 
(877) 889-5627)). Note that security procedures may result in 
significant delays in receiving comments and other written materials by 
regular mail. Contact the OSHA Docket Office for information about 
security procedures for delivery of materials by express delivery, hand 
delivery, and messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
     Instructions. All submissions must include the Agency name 
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2014-0024). OSHA 
will place comments and other material, including any personal 
information, in the public docket without revision, and these materials 
will be available online at: http://www.regulations.gov. Therefore, the 
Agency cautions commenters about submitting statements they do not want 
made public, or submitting comments that contain personal information 
(either about themselves or others), such as social security numbers, 
birth dates, and medical data.
    OSHA invites comments on all issues related to this notice of 
proposed rulemaking. The Agency also welcomes comments on its findings 
that this notice of proposed rulemaking will have no impact on the 
regulated community.
     Docket. To read or download comments or other material in 
the docket, go to http://www.regulations.gov. The electronic docket for 
this notice of proposed rule established at http://www.regulations.gov 
contains most of the documents in the docket. Some information (e.g., 
copyrighted material), however, cannot be read or downloaded through 
this Web site. All submissions, including copyrighted material, are 
accessible at the OSHA Docket Office.

[[Page 13296]]

Contact the OSHA Docket Office for assistance in locating docket 
submissions.

FOR FURTHER INFORMATION CONTACT: 
    General information and press inquiries: Contact Frank Meilinger, 
OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
1999, email: meilinger.francis2@dol.gov.
    Technical inquiries: Contact Kenneth Stevanus, Directorate of 
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663; email; stevanus.ken@dol.gov.
    Copies of this Federal Register notice. Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, also are available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: The preamble to the proposed standard 
follows this outline:

I. Background
    A. OSHA's Eye and Face Protection Standards
    B. ANSI's Occupational and Educational Eye and Face Protection 
Standard
    a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
    b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
    C. Overview of Proposed Rulemaking
    D. Reasonable Availability of the ANSI Standard to the Public
II. Summary and Explanation of Revisions to the Eye and Face 
Protection Standards
    A. Updating the General Industry and Maritime Industry Standards
    B. Updating the Construction Industry Standard
III. Procedural Determinations
    A. Legal Considerations
    B. Preliminary Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Consultation and Coordination With Indian Tribal Governments
    H. Consultation With the Advisory Committee on Construction 
Safety and Health
IV. Authority and Signature

I. Background

A. OSHA's Eye and Face Protection Standards

    The original OSHA standards addressing eye and face protection were 
adopted in 1971 from established Federal standards and national 
consensus standards to address the various workplace hazards that pose 
a significant risk of death or injury. Since then, OSHA has amended its 
standards on numerous occasions, most recently in 2009 for the general 
industry, shipyard employment, longshoring, and marine terminals 
standards (74 FR 46350), and in 1993 for the construction standard (58 
FR 35309). See 29 CFR 1910.133 (General Industry); 29 CFR 1915.153 
(Shipyard Employment); 29 CFR 1917.91 (Marine Terminals); 29 CFR 
1918.101 (Longshoring); and 29 CFR 1926.102 (Construction). The general 
industry and maritime standards require that eye and face protection 
comply with national consensus standards incorporated by reference 
unless the employer demonstrates that non-specified eye and face 
protection equipment is at least as protective of workers. See 29 CFR 
1910.133(b)(2); 29 CFR 1915.153(b)(2); 29 CFR 1917.91(a)(1)(ii); and 29 
CFR 1918.101(a)(1)(ii). The construction standard requires that eye and 
face protection meet the requirements of ANSI Z87.1-1968. See 29 CFR 
1926.102(a)(2). Each of these provisions are part of OSHA's 
comprehensive requirements to ensure that employees use personal 
protective equipment that will protect them from hazards in the 
workplace.

B. ANSI's Occupational and Educational Eye and Face Protection Standard

    ANSI's Occupational and Educational Eye and Face Protection, Z87.1, 
was first published in 1968 and revised in 1979, 1989, 2003, and 2010. 
The 1979 version was nearly identical to the 1968 version; it contained 
only minor changes in language and organization. The 1989 version 
emphasized performance requirements to encourage and accommodate 
advancements in design, materials, technologies, and product 
performance. Performance requirements were specified wherever 
practical. Minimum thickness requirements for protectors were added and 
new impact testing requirements were established to ensure that 
protectors intended to provide side protection were tested from the 
side and the front. This version also improved the transmittance 
requirements for filter lenses. The 2003 version added an enhanced user 
selection chart with a system for selecting equipment (e.g., 
spectacles, goggles, and faceshields) that adequately protects from a 
particular hazard.
    Unlike earlier versions, the 2010 version of ANSI Z87.1 focuses on 
a hazard, such as droplet and splash, impact, optical radiation, dust, 
fine dust, and mist, and specifies the type of equipment needed to 
protect from that hazard. Earlier versions focused on protector type, 
such as spectacles, goggles, faceshields, or welding hats. See Ex. 
OSHA-2014-0024-0001 (a side-by-side comparison of versions prepared by 
OSHA). It contains general requirements for all protector types, which 
assess optical qualities, minimum robustness, ignition, corrosion 
resistance, and minimum coverage. It also includes performance 
assessments that are unique to a specific protector configuration such 
as welding devices or prescription safety eyewear. Finally, it defines 
the number of samples to be tested when assessing a protector's ability 
to meet applicable performance criteria.
a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
    The 2010 version of ANSI Z87.1 adds new requirements to and changes 
the structure of the 2003 version. See Ex. OSHA-2014-0024-0001 (a side-
by-side comparison of versions prepared by OSHA). Section 5 of the 2010 
version, general requirements, adds Section 5.2, which requires that 
protectors are free from projections, sharp edges, or other defects. 
The drop ball impact test, which appeared in Section 7.3.1 of the 2003 
version, is in Section 5.2.1 of the 2010 version. Additionally, the 
test is universally-applied rather than protector-dependent. Section 
7.6 of the 2003 version, flammability, has been replaced with Section 
5.2.3, ignition. The new section states that protectors shall not 
ignite or continue to glow once the rod is removed. It also states that 
each externally-exposed material shall be tested. Section 5.2.5 adds 
requirements for the minimum coverage area of the eyewire and lens. 
Section 5.4 adds marking requirements and states that protectors shall 
bear the permanent marking in specified locations.
    In Section 6 of the 2010 version, impact protector requirements, 
the spectacle frame test that appeared in Section 7.2 of the 2003 
version, has been moved to Section 6.12, and now requires components to 
be tested as a complete device. Section 6.13 adds a requirement for 
lateral side coverage, and states that the impact-rated protectors 
shall provide continuous lateral coverage with specified diameters/
dimensions. Section 6.2.5 includes qualifications for prescription lens 
material and lists different ways that the lens can fail to meet the 
qualifications. Section 6.2.6 adds qualifications for prescription lens 
mounting. It also requires that complete devices using representative 
test lenses meeting the requirements of Section

[[Page 13297]]

6.2.5 be capable of resisting high mass and high velocity impact. 
Section 6.3 provides additional impact requirements for specific 
protectors, such as devices with lift fronts, welding helmets, and 
faceshields, and prescription lens carriers behind plano protectors.
    Section 7 of the 2010 version, optical radiation protector 
requirements, adds a requirement to test in lightest to darkest states 
in Section 7.1.3. Section 7.2.1 adds a requirement that goggle housing 
intended to provide protection against optical radiation meet 
transmittance requirements of shade 6 or higher.
    Section 8 of the 2010 version, droplet and splash, dust, and fine 
dust protector requirements, adds a new requirement to Section 8.1.1 
that goggles be tested so that the droplets or liquid splash do not 
cause a red coloration. Section 8.1.2 mandates that a laser beam not 
make direct contact with any point on the eye-region rectangle 
``without first being intercepted by the faceshield.''
    Section 14 of the 2003 version is section 9 in the 2010 version and 
addresses test methods. This section requires testing at standard 
laboratory conditions rather than normal laboratory ambient conditions 
required in the previous version. Section 9.10 includes new testing 
requirements for lateral protection to assess the lateral protection 
area of a complete device. Section 9.14 includes a new prescription 
lens test that requires lens materials to withstand impact from high 
velocity. Section 9.16 is a new testing requirement for goggles and 
faceshields that require a determination of the protector's capability 
to keep liquid splashes and sprays from reaching eyes. Sections 9.17 
and 9.18 contain new requirements to, respectively, determine the 
protector's capability to keep larger dust particles and fine dust 
particles from reaching the wearer's eyes. Finally, Sections 7.8, 8.8, 
9.8, and 10.8 of the 2003 version, which addressed cleanability of 
spectacles and goggles, were removed.
b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
    The 2010 version of ANSI Z87.1 also differs significantly from the 
1968 version. See Ex. OSHA-2014-0024-0002 (a side-by-side comparison of 
versions prepared by OSHA). Whereas the scope of the 1968 version 
simply states that it applies to all occupational operations, the 2010 
scope is far more specific in that it sets forth criteria related to 
the general requirements, testing, permanent marking, selection, care, 
and use of protectors to minimize the occurrence and severity or 
prevention of injuries from the different types of hazards. In 
addition, the 2010 version excludes more hazardous exposures than the 
1968 version, including bloodborne pathogens, microwaves, radio-
frequency radiation, and sports and recreation. It also removes nearly 
all of the definitions contained in the 1968 version and makes 
significant alterations to the remaining definitions. For example, the 
1968 definitions for ultraviolet and infrared radiation were defined as 
within the range of 50 to 390 nm and 770 to 12000 nm, respectively. The 
2010 version defines these ranges from 200 to 380 nm and 780 to 2000 
nm, respectively.

C. Overview of Proposed Rulemaking

    As discussed in a previous Federal Register notice (69 FR 68283), 
OSHA is undertaking a series of projects to incorporate the latest 
versions of national consensus and industry standards into its 
regulations. These projects include removing outdated national 
consensus and industry standards and updating regulatory text.
    On May 17, 2007, OSHA published a notice of proposed rulemaking (72 
FR 27771) entitled ``Updating OSHA Standards Based on National 
Consensus Standards; Personal Protective Equipment.'' This notice did 
not include a revision of the construction industry standards that 
cover personal protective equipment, which had last been updated in 
1993. 58 FR 35160. In response to the notice, the Agency received 
approximately 25 comments. On December 4, 2007, OSHA held an informal 
public hearing at which nine witnesses testified. Several of the 
commenters and witnesses questioned the Agency's decision not to 
include the construction industry in this rulemaking. See Exs. OSHA-
2007-0044-0021 and -0034; see also, Tr. at 18-19 and 51-52. OSHA 
responded that limited resources did not permit inclusion of the 
construction industry at that time. Tr. at 18-19; see also, 74 FR 
46352.
    On September 9, 2009, OSHA published the final rule (74 FR 46350), 
which became effective on October 9, 2009, and pertained only to the 
general industry and maritime standards. The final rule did not include 
a reference to the 2010 edition of the ANSI standard because this 
edition was not available to OSHA prior to February 8, 2008, the date 
on which the administrative law judge who presided over the hearing 
closed the rulemaking record.
    By this notice, OSHA is proposing to update the references in 29 
CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR 1917.91(a)(1)(i), and 
29 CFR 1918.101(a)(1)(i) to include ANSI Z87.1-2010, the most recent 
version of that standard and delete the reference to ANSI Z87.1-1989. 
As a result, these provisions will allow use of eye and face protection 
that complies with the three most recent editions of the consensus 
standard, i.e., ANSI Z87.1-2010, Z87.1-2003 and Z87.1-1989 (R-1998). In 
addition, OSHA is proposing to amend 29 CFR 1926.102(a)(2) of the 
construction standard to remove ANSI Z87.1-1968 and add the three most 
recent versions of the ANSI standard to 29 CFR 1926.102(b)(1). This 
will make the ANSI references in the construction standard identical to 
those in the general industry and maritime standards. This action 
addresses the comments received during the initial rulemaking, cited 
above, and as stated above, will ensure consistency among the Agency's 
standards. These changes also eliminate any confusion, clarify employer 
obligations, and provide up-to-date protection for workers exposed to 
eye and face hazards.

D. Reasonable Availability of the ANSI Standard to the Public

    OSHA believes that the ANSI standards included in this proposal are 
reasonably available to interested parties. The 2010, 2003, and 1989 
(R-1998) versions of ANSI Z87.1 can be purchased as a package from ANSI 
in pdf form for $57 (http://webstore.ansi.org/). All three are also 
available for purchase at both the IHS Standards (http://global.ihs.com/) or Techstreet (http://www.techstreet.com/) stores. In 
addition, they are available at OSHA's docket office for review. In 
addition, both the 2003 and 1989 (R-1998) versions are available at 
OSHA's regional offices for review. If OSHA ultimately finalizes this 
rule, all three documents would be maintained in OSHA's national and 
regional offices for review by the public.

II. Summary and Explanation of Revisions to the Eye and Face Protection 
Standards

A. Updating the General Industry and Maritime Industry Standards

    OSHA adopted the previous revision of the general industry and 
maritime eye and face protection standards on September 9, 2009. 74 FR 
46350. These revisions, which became effective on October 9, 2009, 
permit compliance with ANSI Z87.1-2003, ANSI Z87.1-1989 (R-1998), or 
ANSI Z87.1-1989. Since OSHA published the previous revision, ANSI 
Z87.1-2010 has become available. This rulemaking will update

[[Page 13298]]

the references in 29 CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR 
1917.91(a)(1)(i), and 29 CFR 1918.103(a)(1)(i) to recognize the 2010 
edition of ANSI Z87.1 and delete the reference to Z87.1-1989. It will 
also update the general incorporation by reference section for each of 
these standards (i.e., 29 CFR 1910.6, 1915.5, 1917.3, 1918.3) to 
reflect the incorporation of ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI 
Z87.1-1989 (R-1998).
    Since it is OSHA's understanding that eye and face protection is 
now only designed, tested, or manufactured in accordance with the 2010, 
2003, or 1989 (R-1998) versions of ANSI Z87.1, OSHA believes these 
updates are consistent with the usual and customary practice of 
employers in the general and maritime industries. Therefore, 
incorporating by reference ANSI Z87.1-2010, and deleting ANSI Z87.1-
1989, will not add a compliance burden for employers. OSHA invites 
public comment on whether the revisions in the 2010 edition of the 
consensus standard represent current industry practice, as well as any 
other issues raised by OSHA's proposed revisions to the general 
industry and maritime eye and face protection standards.

B. Updating the Construction Industry Standard

    The proposed update to the construction eye and face protection 
standard involves: (1) Changes to the ANSI standard references and (2) 
inclusion of language from the general industry eye and face protection 
standard. With respect to the ANSI standard update, OSHA will amend 29 
CFR 1926.6 and 1926.102, which currently incorporate by reference ANSI 
Z87.1-1968, to include the three most recent versions of the ANSI 
standard, ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-
1998). With respect to the inclusion of language from the general 
industry standard, OSHA will modify certain existing language to make 
it nearly identical to the language in the general industry standard's 
eye and face protection provisions. It will also retain provisions 
unique to the current construction standard that do not appear to be 
covered in the versions of the ANSI Z87.1 incorporated by the proposal. 
These changes better reflect the requirements of the newer consensus 
standards and ease compliance for employers whose employees might also 
perform work covered by the general industry or maritime standards.
    Specifically, OSHA is proposing to replace sections 1926.102(a)(1) 
through (a)(3), and (a)(7) with the language found in the general 
industry standard at 1910.133(a)(1) through (a)(4) and 1910.133(b). The 
Agency will also replace: (1) The statement of scope in section 
1926.102(a)(1) with the statement of scope in 1910.133(a)(1); (2) the 
reference to the 1968 ANSI standard in 1926.102(a)(2) with the updated 
list of national consensus standards in 1910.133(b)(1); and (3) the 
requirements for corrective lenses in 1926.102(a)(3) with the 
corrective-lens requirements in 1910.133(a)(3). The proposal deletes 
section 1926.102(a)(4)'s requirement to keep the protective equipment 
clean, in good repair, and free of structural and optical defects. This 
provision does not appear in 1910.133, and is addressed by requirements 
in each of the three versions of Z87.1 included in the proposal. See, 
e.g., ANSI Z87.1-2010 (sections 10.3 and 10.4); ANSI Z87.1-2003 
(section 6.2.6); and ANSI Z87.1-1989 (R 1998) (sections 14.4, 14.5, 
15.7). The proposal also removes Table E-1, Eye and Face Protector 
Selection Guide, which is specific to the 1968 version of ANSI Z87.1 
and referenced in the current section 1926.102(a)(5). Removal of Table 
E-1 is of no consequence because employers and employees may use any of 
the three newly-referenced ANSI standards, which contain similar 
selection guides. See ANSI Z87.1-2010, Annex I. Selection Chart, ANSI 
Z87.1-2003, Annex I--Selection Chart, or ANSI Z87.1-1989 (R-1998), 
Selection Chart. Once Table E-1 is removed, OSHA will renumber Tables 
E-2 and E-3 under this paragraph as Tables E-1 and E-2, respectively.
    The proposal retains section 1926.102(a)(6)--which specifies, among 
other requirements, that protectors must be capable of being 
disinfected, easily cleanable, and durable--because its language does 
not appear to be in the most recent ANSI standard, Z87.1-2010. The 
proposal also substitutes the marking requirement specified by section 
1926.102(a)(7) with the marking requirement in section 1910.133(a)(4). 
In addition, the proposal will delete the requirement in 
1926.102(a)(8)--that employers must transmit information from 
manufacturers to users about equipment limitations or precautions and 
that such limitations and precautions must be strictly observed--to 
bring the section into closer alignment with the general industry 
standard because this requirement is covered by requirements in each of 
the ANSI standards (see ANSI Z87.1-2010, section 10.2; ANSI Z87.1-2003, 
section 6.2.6; ANSI Z87.1-1989 (R 1998), section 14.2. The language 
adopted from the general industry standard will add a provision to the 
construction standard that permits an employer to use eye and face 
protection not manufactured in accordance with one of the incorporated 
ANSI Z87.1 standards if the employer can demonstrate compliance with 
one of the incorporated ANSI Z87.1 standards (i.e., the equivalent-
protection provision). Finally, section 1926.102(b) will be 
redesignated as section 1926.102(c).
    OSHA believes that it is consistent with employers' usual and 
customary practice in the construction industry to require use of eye 
and face protection that complies with ANSI Z87.1-2010, ANSI Z87.1-
2003, or ANSI Z87.1-1989 (R-1998). Accordingly, the Agency determined 
that incorporating these editions of ANSI Z87.1 consensus standards for 
eye and face protection into 29 CFR 1926.102(b)(1) does not add a 
compliance burden for employers. OSHA invites public comment on whether 
use of eye and face protection that complies with ANSI Z87.1-2010, ANSI 
Z87.1-2003, or ANSI Z87.1-1989 (R-1998) and inclusion of language from 
the general industry standard's eye and face provisions accords with 
employers' usual and customary practice in the construction industry, 
as well as any other issues raised by OSHA's proposed revisions to the 
construction standard for eye and face protection.

III. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH 
Act) is to achieve to the extent possible safe and healthful working 
conditions for all employees. 29 U.S.C. 651(b). To achieve this goal, 
Congress authorized the Secretary of Labor to promulgate and enforce 
occupational safety and health standards. 29 U.S.C. 654(b), 655(b). A 
safety or health standard is a standard ``which requires conditions, or 
the adoption or use of one or more practices, means, methods, 
operations, or processes reasonably necessary or appropriate to provide 
safe or healthful employment and places of employment.'' 29 U.S.C. 
652(8). A standard is reasonably necessary or appropriate within the 
meaning of Section 652(8) of the OSH Act when a significant risk of 
material harm exists in the workplace and the standard would 
substantially reduce or eliminate that workplace risk. See Indus. Union 
Dep't, AFL-CIO v. Am. Petroleum Inst., 448 U.S. 607 (1980). OSHA 
already determined that requirements specified by eye and face 
protection standards, including design requirements, are

[[Page 13299]]

reasonably necessary or appropriate within the meaning of Section 
652(8). See, e.g., 49 FR 49726, 49737 (1978); 51 FR 33251, 33251-59 
(1986).
    Moreover, this notice of proposed rulemaking neither reduces 
employee protection nor alters an employer's obligations under the 
existing standards. With respect to employee protection, because the 
proposal will allow employers to continue to provide the same eye and 
face protection they currently provide, employees' protection will not 
change. In terms of employers' obligations, the proposal will allow 
employers additional options for meeting the design-criteria 
requirements for eye and face protection. Accordingly, this proposal 
does not require an additional significant risk finding (cf. Edison 
Elec. Inst. v. OSHA, 849 F.2d 611, 620 (D.C. Cir. 1988)).
    In addition, a safety standard must be technologically feasible. 
See UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is 
technologically feasible when the protective measures it requires 
already exist, when available technology can bring the protective 
measures into existence, or when that technology is reasonably likely 
to develop. See Am. Textile Mfrs. Inst. v. OSHA, 452 U.S. 490, 513 
(1981); Am. Iron and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 
1991)). The proposed revisions detailed in this NPRM are 
technologically feasible because: (1) Protectors are already 
manufactured in accordance with the 2010 ANSI standard or the other 
versions permitted under the revision and (2) employers already comply 
with the 2003 and 1998 versions of the ANSI standard incorporated by 
reference into the general industry and maritime standards, which will 
remain in effect under the proposed rule.

B. Preliminary Economic Analysis and Regulatory Flexibility Act 
Certification

    OSHA has preliminarily determined that employers can comply with 
the proposed rule by following their current usual and customary 
practice in providing eye and face protection to their employees. 
Therefore, OSHA finds that this notice of proposed rulemaking is not 
economically significant within the context of Executive Order 12866, 
or a major rule under the Unfunded Mandates Reform Act or Section 801 
of the Small Business Regulatory Enforcement Fairness Act. In addition, 
this notice of proposed rulemaking complies with Executive Order 13563 
because employers are allowed increased flexibility in choosing eye and 
face protection for their employees and are not required to update or 
replace that protection solely as a result of this rule if the 
employer's current practice meets the revised standards. Because the 
rule imposes no costs, OSHA certifies that it will not have a 
significant economic impact on a substantial number of private or 
public sector entities and does not meet any of the criteria for an 
economically significant or major rule specified by the Executive Order 
or relevant statutes.

C. OMB Review Under the Paperwork Reduction Act of 1995

    This notice of proposed rulemaking does not establish or revise any 
collection of information requirements for purposes of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501. Accordingly, the Agency did not 
submit an Information Collection Request to OMB in association with 
this rulemaking.
    Members of the public may respond to this paperwork determination 
by sending their written comments to the Office of Information and 
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC77), Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503. The Agency encourages commenters to submit these comments to the 
rulemaking docket, along with their comments on other parts of this 
notice of proposed rulemaking. For instructions on submitting these 
comments and accessing the docket, see the sections of this Federal 
Register document titled DATES and ADDRESSES.
    To make inquiries or to request other information contact Mr. Todd 
Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S. 
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; 
telephone: (202) 693-2222.

D. Federalism

    OSHA reviewed this notice of proposed rulemaking in accordance with 
the Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999), which requires that agencies, to the extent possible, 
refrain from limiting state policy options, consult with states prior 
to taking any actions that would restrict state policy options, and 
take such actions only when clear constitutional authority exists and 
the problem is national in scope. Executive Order 13132 provides for 
preemption of state law only with the expressed consent of Congress. 
Agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress 
expressly provides that states may adopt, with Federal approval, a plan 
for the development and enforcement of occupational safety and health 
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal 
approval for such a plan as ``State Plan states.'' Occupational safety 
and health standards developed by State Plan states must be at least as 
effective in providing safe and healthful employment and places of 
employment as the Federal standards. 29 U.S.C. 667. Subject to these 
requirements, State Plan states are free to develop and enforce under 
state law their own requirements for occupational safety and health 
standards.
    While OSHA drafted this notice of proposed rulemaking to protect 
employees in every state, Section 18(c)(2) of the OSH Act permits State 
Plan states and U.S. territories to develop and enforce their own 
standards for eye and face protection provided these requirements are 
at least as effective in providing safe and healthful employment and 
places of employment as the requirements specified in this notice of 
proposed rulemaking.
    In summary, this notice of proposed rulemaking complies with 
Executive Order 13132. In states without OSHA-approved state plans, 
this rulemaking limits state policy options in the same manner as other 
OSHA standards. In State Plan states, this rulemaking does not 
significantly limit state policy options because, as explained in the 
following section, State Plan states do not have to adopt this notice 
of proposed rulemaking

E. State Plan States

    When Federal OSHA promulgates a new standard or amends an existing 
standard to be more stringent than it was previously, the 27 states or 
U.S. territories with their own OSHA-approved occupational safety and 
health plans must revise their standards to reflect the new standard or 
amendment, or show OSHA why such action is unnecessary, e.g., because 
an existing state standard covering this area is at least as effective 
in protecting workers as the new Federal standard or amendment. 29 CFR 
1953.5(a). In this regard, the state standard must be at least as 
effective as the final Federal rule. State Plan states must adopt the 
Federal standard or complete their own standard within six months of 
the publication date of the final Federal rule. When OSHA promulgates a 
new standard or amendment that does not impose additional or more 
stringent requirements than the existing standard,

[[Page 13300]]

State Plan states need not amend their standards, although OSHA may 
encourage them to do so. The following 21 states and 1 U.S. territory 
have OSHA-approved occupational safety and health plans that apply only 
to private-sector employers: 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. In addition, 
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands 
have OSHA-approved State Plans that apply only to state and local 
government employees.
    When OSHA promulgates a new final rule, states and territories with 
approved State Plans must adopt comparable amendments to their 
standards relating to personal protective equipment across OSHA's 
various industries within six months of OSHA's promulgation of the 
final rule unless they demonstrate that such a change is not necessary 
because their existing standards are already the same, or at least as 
effective, as OSHA's new final rule.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this notice of proposed rulemaking according to the 
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and 
Executive Order 12875, 58 FR 58093 (1993). As discussed above in 
Section IV.B (``Preliminary Economic Analysis and Regulatory 
Flexibility Certification'') of this preamble, OSHA preliminarily 
determined that the proposed rule imposes no additional costs on any 
private-sector or public-sector entity. Accordingly, this notice of 
proposed rulemaking requires no additional expenditures by either 
public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this 
preamble, OSHA standards do not apply to state or local governments 
except in states that elected voluntarily to adopt an OSHA-approved 
state plan. Consequently, this notice of proposed rulemaking does not 
meet the definition of a ``Federal intergovernmental mandate.'' See 2 
U.S.C. 658(5). Therefore, for the purposes of the UMRA, OSHA certifies 
that this notice of proposed rulemaking does not mandate that state, 
local, or tribal governments adopt new, unfunded regulatory 
obligations, or increase expenditures by the private sector of more 
than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this notice of proposed rulemaking in accordance with 
Executive Order 13175, 65 FR 67249 (2000), and determined that it does 
not have ``tribal implications'' as defined in that order. As proposed, 
the rule does not have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal government and Indian tribes.

H. Consultation With the Advisory Committee on Construction Safety and 
Health

    Under 29 CFR parts 1911 and 1912, OSHA must consult with the 
Advisory Committee on Construction Safety and Health (``ACCSH'' or 
``the Committee''), established pursuant to Section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in 
setting standards for construction work. Specifically, 29 CFR 
1911.10(a) requires the Assistant Secretary to provide the ACCSH with a 
draft proposed rule (along with pertinent factual information) and give 
the Committee an opportunity to submit recommendations. See also 29 CFR 
1912.3(a) (``[W]henever occupational safety or health standards for 
construction activities are proposed, the Assistant Secretary [for 
Occupational Safety and Health] shall consult the Advisory 
Committee'').
    On May 8, 2014, OSHA presented its proposal to update the Agency's 
eye and face protection standards including its construction standard 
at 29 CFR 1926.102 to the ACCSH. OSHA presented the committee two 
options for updating of its construction standard. In the first option 
OSHA proposed to replace the provisions in the construction standard 
with those of the general industry and maritime standards, except for 
those that were unique to the construction industry standard. This 
would make the construction eye and face protection standard nearly 
identical to the general industry and maritime standards however, it 
would preserve those provisions that are unique to the construction 
standard.
    The second option proposed would substitute only the three most 
current ANSI standards for the outdated ANSI standard currently cited 
and include the new provision allowing the use of any equivalent-
protection standards. The remaining provisions of the construction 
standard would stay intact except for the removal of Table E-1 which 
references the outdated ANSI standard. This option would retain 
existing requirements that are familiar to employers and employees in 
the construction industry. The Committee subsequently selected the 
first option and passed a motion recommending that the Agency move 
forward in the rulemaking process. (See the minutes from the meeting 
Docket No. OSHA-2014-0024-0004; see also two options for an update, 
available at Docket No. OSHA-2014-0024-0003).

List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926

    Incorporation by reference, Occupational safety and health, 
Personal protective equipment.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210, authorized the preparation 
of this notice. OSHA is issuing this proposed rule pursuant to 29 
U.S.C. 653, 655, and 657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553; 
Secretary of Labor's Order 1-2012, 77 FR 3912 (2012); and 29 CFR part 
1911.

    Signed at Washington, DC, on March 2, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated above in the preamble, the Occupational 
Safety and Health Administration proposes to amend 29 CFR parts 1910, 
1915, 1917, 1918 and 1926 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 1910 continues to read 
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Numbers 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), or 1-2012 
(77 FR 3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); 
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993) 
(58 FR 38142, July 15, 1993).


[[Page 13301]]


0
2. Amend Sec.  1910.6 by revising paragraphs (e)(69) through (e)(71) to 
read as follows:


Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (69) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1910.133(b)(1)(i). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face 
Personal Protection Devices, approved June 19, 2003; IBR approved for 
Sec. Sec.  1910.133(b)(1)(ii). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection; IBR approved for Sec.  
1910.133(b)(1)(iii). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

0
3. The authority citation for subpart I of part 1910 continues to read 
as follows:

    Authority:  Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (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 part 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
4. Amend Sec.  1910.133 by revising paragraph (b)(1) to read as 
follows:


Sec.  1910.133  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1910.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1910.6;
* * * * *

PART 1915--[AMENDED]

0
5. The authority citation for part 1915 continues to read as follows:

    Authority: Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (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; 29 CFR 
part 1911.

    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 
CFR part 1911.
    Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.

0
6. Amend Sec.  1915.5 by revising paragraphs (d)(1)(vi) through 
(d)(1)(viii) to read as follows:


Sec.  1915.5  Incorporation by reference.

* * * * *
    (d)(1) * * *
    (vi) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1915.153(b)(1)(i). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (vii) ANSI Z87.1-2003, Occupational and Educational Personal Eye 
and Face Protection Devices, approved June 19, 2003; IBR approved for 
Sec.  1910.153(b)(1)(ii). Copies available for purchase from the:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (viii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection; IBR approved for Sec.  
1910.153(b)(1)(iii). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

0
7. Amend Sec.  1915.153 by revising paragraph (b)(1) to read as 
follows:


Sec.  1915.153  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face devices. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face

[[Page 13302]]

Protection Devices, incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1915.5;
* * * * *

PART 1917--[AMENDED]

0
8. The authority citation for part 1917 continues to read as follows:

    Authority:  33 U.S.C. 941; 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 7 FR 3912),as applicable; and 29 CFR 1911.
    Section 1917.28 also issued under 5 U.S.C. 553.
    Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 553.
    Source: 48 FR 30909, July 5, 1983, unless otherwise noted.
* * * * *
0
9. Amend Sec.  1917.3 by revising paragraphs (b)(6) through (b)(8) to 
read as follows:


Sec.  1917.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1917.91(a)(1)(i)(A). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.  
1917.91(a)(1)(i)(B). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection; IBR approved for Sec.  
1917.91(a)(1)(i)(C). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

0
10. Amend Sec.  1917.91 by revising paragraph (a)(1)(i) to read as 
follows:


Sec.  1917.91  Eye and face protection.

    (a)(1)(i) The employer shall ensure that each affected employee 
uses protective eye and face protection devices that comply with any of 
the following consensus standards:
    (A) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1917.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1917.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1917.3;
* * * * *

PART 1918--[AMENDED]

0
11. The authority citation for part 1918 is revised to read as follows:

    Authority:  33 U.S.C. 941; 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.
    Section 1918.90 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 553.
    Source: 62 FR 40202, July 25, 1997, unless otherwise noted.

0
12. Amend Sec.  1918.3 by revising paragraphs (b)(6) through (b)(8) to 
read as follows:


Sec.  1918.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1918.101(a)(1)(i)(A). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.  
1918.101(a)(1)(i)(B). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection; IBR approved for Sec.  
1918.101(a)(1)(i)(C). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
* * * * *

Subpart J--[Amended]

0
13. Amend Sec.  1918.101 by revising paragraph (a)(1)(i) to read as 
follows:


Sec.  1918.101  Eye and face protection.

    (a) * * *
    (1)(i) Employers must ensure that each employee uses appropriate 
eye and/or face protection when the

[[Page 13303]]

employee is exposed to an eye or face hazards, and that protective eye 
and face devices comply with any of the following consensus standards:
    (A) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1918.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1918.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1918.3
* * * * *

PART 1926--[AMENDED]

Subpart A--General [Amended]

0
14. The authority citation for subpart A of part 1926 continues to read 
as follows:

    Authority:  40 U.S.C. 3701 et seq.; 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), 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 part 1911.

0
15. Amend Sec.  1926.6 as follows:
0
a. Revise paragraph (h)(31);
0
b. Redesignate paragraphs (h)(32) thru (h)(34) as (h)(34) thru (h)(36);
0
c. Add new paragraphs (h)(32) and (h)(33).
    The revisions and additions read as follows:


Sec.  1926.6  Incorporation by reference.

* * * * *
    (h) * * *
    (31) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, approved April 13, 2010; IBR approved for 
Sec.  1926.102(b)(1)(i). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.  
1926.102(b)(2)(ii). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection; IBR approved for Sec.  
1926.102(b)(2)(iii). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

0
16. Revise the authority citation for subpart E of part 1926 to read as 
follows:

    Authority:  40 U.S.C. 3701 et seq.; 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), 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 part 1911.

0
17. Amend Sec.  1926.102 as follows:
0
a. Revise paragraphs (a)(1) thru (a)(4).
0
b. Delete paragraphs (a)(5), (a)(7), (a)(8) and Table E-1.
0
c. Redesignate paragraph (a)(6) as (a)(5) and Tables E-2 and E-3 as 
Tables E-1 and E-2 .
0
d. Revise paragraph (b).
0
e. Add paragraph (c).
    The additions and revisions read as follows:


Sec.  1926.102  Eye and face protection.

    (a) General requirements. (1) The employer shall ensure that each 
affected employee uses appropriate eye or face protection when exposed 
to eye or face hazards from flying particles, molten metal, liquid 
chemicals, acids or caustic liquids, chemical gases or vapors, or 
potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye 
protection that provides side protection when there is a hazard from 
flying objects. Detachable side protectors (e.g. clip-on or slide-on 
side shields) meeting the pertinent requirements of this section are 
acceptable.
    (3) The employer shall ensure that each affected employee who wears 
prescription lenses while engaged in operations that involve eye 
hazards wears eye protection that incorporates the prescription in its 
design, or wears eye protection that can be worn over the prescription 
lenses without disturbing the proper position of the prescription 
lenses or the protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate 
identification of the manufacturer.
* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1926.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1926.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1926.6;
    (2) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.
    (c) Protection against radiant energy--(1) Selection of shade 
numbers for welding filter. Table E-1 shall be used as a guide for the 
selection of the proper shade numbers of filter lenses or plates used 
in welding. Shades more dense than those listed may be used to suit the 
individual's needs.

   Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
                                 Energy
------------------------------------------------------------------------
              Welding operation                        Shade No.
------------------------------------------------------------------------
Shielded metal-arc welding \1/16\-, \3/32\-,   10.
 \1/8\-, \5/32\-inch diameter electrodes.
Gas-shielded arc welding (nonferrous) \1/16\-  11.
 , \3/32\-, \1/8\-, \5/32\-inch diameter
 electrodes.
Gas-shielded arc welding (ferrous) \1/16\-,    12.
 \3/32\-, \1/8\-, \5/32\-inch diameter
 electrodes.

[[Page 13304]]

 
Shielded metal-arc welding \3/16\-, \7/32\-,   12.
 \1/4\-inch diameter electrodes.
\5/16\-, \3/8\-inch diameter electrodes......  14.
Atomic hydrogen welding......................  10-14.
Carbon-arc welding...........................  14.
Soldering....................................  2.
Torch brazing................................  3 or 4.
Light cutting, up to 1 inch..................  3 or 4.
Medium cutting, 1 inch to 6 inches...........  4 or 5.
Heavy cutting, over 6 inches.................  5 or 6.
Gas welding (light), up to \1/8\-inch........  4 or 5.
Gas welding (medium), \1/8\-inch to \1/2\-     5 or 6.
 inch.
Gas welding (heavy), over \1/2\-inch.........  6 or 8.
------------------------------------------------------------------------

    (2) Laser protection. (i) Employees whose occupation or assignment 
requires exposure to laser beams shall be furnished suitable laser 
safety goggles which will protect for the specific wavelength of the 
laser and be of optical density (O.D.) adequate for the energy 
involved. Table E-2 lists the maximum power or energy density for which 
adequate protection is afforded by glasses of optical densities from 5 
through 8.

                 Table E-2--Selecting Laser Safety Glass
------------------------------------------------------------------------
                                                        Attenuation
                                                  ----------------------
Intensity, CW maximum power density (watts/cm\2\)   Optical
                                                    density  Attenuation
                                                    (O.D.)      factor
------------------------------------------------------------------------
10-2.............................................         5        10\5\
10-1.............................................         6        10\6\
1.0..............................................         7        10\7\
10.0.............................................         8        10\8\
------------------------------------------------------------------------

    Output levels falling between lines in this table shall require the 
higher optical density.
    (ii) All protective goggles shall bear a label identifying the 
following data:
    (A) The laser wavelengths for which use is intended;
    (B) The optical density of those wavelengths;
    (C) The visible light transmission.

[FR Doc. 2015-05521 Filed 3-12-15; 8:45 am]
 BILLING CODE 4510-26-P