Safe Workplace and Safety News

The International Safety Equipment Association (ISEA) has challenged a U.S. Occupational Safety and Health Administration (OSHA) proposed rule to regulate the use of safety eyewear and hard hats, and offered an alternative approach that ISEA says would maintain worker protection.

In comments submitted July 16, ISEA said OSHA's May 17th proposal to change the way it recognizes product performance standards for personal protective equipment (PPE) could potentially reduce the level of protection for workers and make compliance with the rule more difficult for employers.

Current OSHA regulations require that eye and head protection devices meet product performance standards issued under the banner of the American National Standards Institute (ANSI). ANSI standards are voluntary, but they are widely accepted in the United States and are recognized by OSHA and numerous other regulatory agencies.

OSHA adopts specific product performance standards. Those standards may go through several revisions before OSHA is able to update its rules to incorporate the newer versions. Under the OSHA proposal, however, references to these standards would be replaced with a requirement that PPE meet “good design standards,” an approach that ISEA says offers no assurance of a minimum level of protection.

ISEA’s alternative would maintain the reference to the current version of the standard, and include a method by which OSHA could evaluate standards that offer equivalent protection and allow employers to use products meeting those standards.

This approach “maintains the level of performance of PPE that meets the consensus standard in the current regulation, so that worker protection is not compromised,” according to the ISEA submission. It gives employers the flexibility to select PPE that best meets their workers’ needs, based on hazard assessment. And it gives OSHA the flexibility to update references to consensus standards when they are revised, and add new product standards as they are issued without a lengthy and laborious regulatory process.

“We fully appreciate what OSHA is trying to do in this rulemaking,” said ISEA President Dan Shipp. “They aren’t able to keep up with revisions to the product standards they reference in their regulations, and they’re searching for a way to keep the rules current without having to go through a full rulemaking every few years for each standard.

“But to take those references out of the regulation, and replace them with the requirement that PPE comply with some vaguely defined good design standard shows a lack of understanding of the role of performance standards and their use in regulation.”

In its comments, ISEA points out that there are hundreds of PPE product standards around the world that might qualify as good design standards, but that they are not equivalent to the ANSI standards that have been part of the regulation. Without the reference to a specific standard in the regulatory text, OSHA would provide no baseline performance requirements for PPE, ISEA said.

“If the rule is published the way OSHA is proposing it, the ANSI standards would still be the baseline, and OSHA would include them in an appendix as examples of what makes a good design standard,” Shipp said. “But what happens in the future?”

The proposed requirements for a good design standard are that it incorporate safety, that it is recognized as providing an adequate level of protection, and that the standards-developing organization use an open process that considers the views of a broad constituency.

“There’s nothing in this proposal that says the standards recognized in the future have to be as protective as standards recognized today,” Shipp said. “That’s why we’re trying to convince OSHA not to take the reference to a specific standard out of the regulatory text.”

ISEA asked OSHA to convene an informal public hearing to discuss all the aspects of this proposed rule.

Labels: PPE

1 Comments:

 Regulation Rita said...

OSHA updating Personal Protective Equipment Standards Based on National Consensus Standards

ACTION: Final rule for 29 CFR Parts 1910, 1915, 1917, and 1918

BACKGROUND: While OSHA has updated some of its Section 6(a) standards through notice and comment rulemaking, the vast majority have not been updated since they were originally adopted. Some of the consensus standards "incorporated by reference" were issued over 60 years ago. Most of the referenced consensus documents have been either superseded by later versions or withdrawn by the issuing Standards Development Organization (SDO). Many are no longer in print or available to the public through the issuing SDO. These outdated standards do not reflect advances in technologies that have changed workplace safety over the last 30 years. The OSHA versions also have not been updated to address new equipment and machinery that have become available since they were originally promulgated.

SUMMARY: OSHA is issuing this final rule to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards regarding requirements for eye- and face-protective devices, head protection, and foot protection. OSHA is updating the references in its regulations to recognize more recent editions of the applicable national consensus standards, and is deleting editions of the national consensus standards that PPE must meet if purchased before a specified date. In addition, OSHA is amending its provision that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard, and a provision that requires filter lenses and plates in eye-protective equipment to meet a test for transmission of radiant energy specified by another ANSI standard. In amending these paragraphs, OSHA will require this safety equipment to comply with the applicable PPE design provisions. These revisions are a continuation of OSHA's effort to update or remove references to specific consensus and industry standards located throughout its standards.

DATES: This final rule will become effective on October 9, 2009.

FEDERAL REGISTER RULE Vol. 74, No. 173 September 9, 2009 pp. 46350-46361 source: http://www.CyberRegs.com

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