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), Labor.

ACTION: Final rule; administrative stay.

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SUMMARY: OSHA's final rule on Personal Protective Equipment for General

Industry, which was published in the Federal Register on April 6, 1994

(59 FR 16334), is scheduled to become effective on July 5, 1994. OSHA

is administratively staying the effective date of certain provisions of

Sec. 1910.132 of the final rule (requirements for hazard assessment and

training) until October 5, 1994.

DATES: Effective July 5, 1994, the effective date for paragraphs (d)

and (f) of 29 CFR 1910.132 will be administratively stayed until

October 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 Ave., NW.,

Washington, DC 20210. Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION: OSHA has received several requests to extend

the effective date of paragraph (d), hazard assessment, and paragraph

(f), training. It is contended that many employers will not be able to

complete the required hazard assessment and training before the

effective date.

OSHA has also received petitions from the American Forest & Paper

Association (AF&PA), the American Iron and Steel Institute (AISI), and

the Chocolate Manufacturers Association (CMA) to delay the effective

date of the provisions for hazard assessment and training.

It has been asserted that a worksite hazard assessment, where not

previously performed, could be a major undertaking. Also, longer

periods of time may be necessary if an employer determines that there

is a need for task-specific assessments or training.

For example, in its petition to the Agency, AISI stated:

In some cases, employers may determine that there is a need for

task-specific hazard assessments or training. As the compliance

effort moves along the continuum from generic toward task-specific,

a substantially longer period of time would be required to comply

with the final rule.

It has also been asserted that it would take a substantial amount

of time to develop and implement the type of training program that is

envisioned by the final rule. Even where training programs do exist,

some may not meet all of the requirements of the final rule, and

employers would not be able to implement changes to these programs

before the effective date. In its petition to OSHA, AF&PA remarked:

While some employers may have performed the required hazard

assessments and provided the required training, they may not be

fully comfortable certifying that their employees have the necessary

knowledge and abilities with respect to PPE without some form of

verification. Some employers may find gaps or weak points in their

existing PPE programs. Other employers will find that their existing

PPE programs are so informal that they will conclude they must begin

from ``ground zero.''

After evaluating these comments, OSHA has decided that it is

reasonable to allow an additional amount of time for employers to meet

the requirements pertaining to the hazard assessment (Sec. 1910.132(d))

and training (Sec. 1910.132(f)).

Therefore, the Agency is granting an administrative stay of the

effective date for paragraphs (d) and (f) of Sec. 1910.132 until

October 5, 1994 to allow employers an additional amount of time to

achieve compliance with these two paragraphs. OSHA expects that

employers will continue to expedite their efforts to fully comply with

all of the provisions of the standard. It is also important to note

that the effective date for all of the other provisions of the final

rule remains July 5, 1994.

List of Subject in 29 CFR Part 1910

Eye protection; Fact protection; Foot protection; Hand protection;

Footwear; Hard hats; Head protection; Occupational safety and health;

Occupational Safety and Health Administration; Personal protective

equipment; Safety glasses; Safety shoes.

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. It is issued under the authority of 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. 1-90 (55 FR

9033); and 29 CFR part 1911.

Accordingly, effective July 5, 1994, the effective date for

paragraph (d), hazard assessment, and paragraph (f), training, of 29

CFR 1910.132 is administratively stayed until October 5, 1994.

Signed at Washington, DC, this 29th day of June, 1994.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 94-16241 Filed 7-5-94; 8:45 am]

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