Attachment_2_-_OSHA_instruction_for_Personal_Protective_Equipment-_Corpus_Christi_Army_Depot_(CCAD)_-_29SEP2016.pdf

ABSTRACT-1

DIRECTIVE NUMBER: CPL 02-01-050 EFFECTIVE DATE: February 10, 2011 SUBJECT: 29 CFR Part 1910, Subpart I, Enforcement Guidance for Personal Protective

Equipment in General Industry

ABSTRACT

Purpose: This instruction, Enforcement Guidance for Personal Protective Equipment in General Industry, establishes OSHA’s general enforcement and guidance policy for its standards addressing personal protective equipment (PPE). It instructs OSHA enforcement personnel on both the agency’s interpretations of those standards and the procedures for enforcing them.

Scope: This instruction applies OSHA-wide.

References: See paragraph III.

Cancellations: OSHA STD 01-06-006, Inspection Guidelines for 29 CFR 1910. Subpart I, the revised Personal Protective Equipment Standards for General Industry, June 16, 1995.

State Impact: State intent and equivalency required; see paragraph V.

Action Offices: National, Regional, Area, and State Consultation Offices.

Originating Office: Directorate of Enforcement Programs.

Contact: Directorate of Enforcement Programs Office of General Industry Enforcement 200 Constitution Avenue, NW, N3119 Washington, DC 20210 (202-693-1850)

By and Under the Authority of

David Michaels, PhD, MPH Assistant Secretary

ABSTRACT-2

Executive Summary

This instruction, 29 CFR Part 1910, Subpart I, Enforcement Guidance for Personal Protective Equipment in General Industry, provides enforcement guidance to Occupational Safety and Health Administration (OSHA) Compliance Safety and Health Officers (CSHOs); national, regional, and area offices; and state programs and federal agencies concerning OSHA’s policies and procedures for implementing inspection programs to reduce injuries, illnesses and fatalities, and eliminate workplace hazards in general industry employment through the use of Personal Protective Equipment (PPE). OSHA revised the general industry standards for personal protective equipment, 29 CFR 1910, Subpart I, 59 Fed. Reg. 1334 (April 6, 1994) ; corrected 59 Fed. Reg. 33910 (July 1, 1994). Provisions were added to 29 CFR 1910.132 to require employers to select appropriate PPE based on the hazards present or likely to be present in the workplace; to prohibit the use of defective or damaged PPE; and to require that employees be trained so that each affected employee can properly use the assigned PPE. On November 15, 2007, OSHA issued a final rule for “Employer Payment for Personal Protective Equipment” that applies identical PPE payment requirements to workplaces in all industries, including those covered by the general industry standards. (29 CFR 1910).

On September 9, 2009 OSHA issued a final rule to revise the personal protective equipment (PPE) standards based on National Consensus standards; including 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. 74 Fed.

Reg. 46350-46361

This instruction provides information and enforcement guidance to support OSHA’s inspection efforts in general industry employment. 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.

Supports DOL’s Strategic Plan Outcome Goal 3A for increased emphasis on reducing workplace injuries, illnesses, and fatalities.

Provides OSHA Compliance Officers, consultants, and other interested government and industry parties with information about PPE selection and use in general industry intervention efforts and in minimizing employee exposure to hazards.

Supports the Site-Specific Targeting (SST) program for general industry employment.

Provides available general industry PPE safety and health information in a web-based format with electronic links to noted references.

Significant Changes

This instruction has been revised and updated to include the following significant changes:

Clarifies what type of PPE employers must provide at no cost, when employers must pay for PPE, or for replacement PPE, and when employers are not required to pay for

PPE.

Clarifies the PPE payment requirements for PPE worn off the jobsite, for PPE that must

ABSTRACT-3

remain at the jobsite, and for employee-owned PPE.

Sets forth enforcement policies that reflect court and review commission decisions concerning PPE.

Provides guidance that allows employers to use PPE constructed in accordance with the most recent national consensus standards.

i

TABLE OF CONTENTS

I. PURPOSE

II. SCOPE

III. CANCELLATIONS

IV. REFERENCES

V. FEDERAL PROGRAM CHANGE. – NOTICE OF INTENT AND EQUIVALENCY REQUIRED.2

VI. ACTION INFORMATION

A. RESPONSIBLE OFFICE

B. ACTION OFFICES

C. INFORMATION OFFICES

VII. ACTIONS REQUIRED

VIII. FEDERAL AGENCIES

IX. APPLICATION

X. BACKGROUND

XI. INSPECTION GUIDELINES FOR GENERAL INDUSTRY

A. 29 CFR 1910.132 GENERAL REQUIREMENTS

B. 29 CFR 1910.133 EYE AND FACE PROTECTION

C. 29 CFR 1910.134 - RESPIRATORY PROTECTION

D. 29 CFR 1910.135 HEAD PROTECTION

E. 29 CFR 1910.136 FOOT PROTECTION

F. APPLICABLE ELECTRICAL STANDARDS (PPE IMPLICATIONS)

G. 29 CFR 1910.138 HAND PROTECTION

H. 29 CFR 1910.95 HEARING PROTECTION (OCCUPATIONAL NOISE EXPOSURE)

I. 29 CFR 1910 FALL PROTECTION REQUIREMENTS

J. APPENDICES TO SUBPART I OF 29 CFR 1910

XII. EMPLOYER OBLIGATIONS TO PROVIDE AND PAY FOR PERSONAL PROTECTIVE

EQUIPMENT (PPE)

XIII. CITATION POLICY FOR PPE PAYMENT

XIV. PPE STANDARDS REFERENCE TABLE

APPENDIX A INTERPRETATION LETTERS .............................................................................................. A-1

I. Purpose.

This instruction, Enforcement Guidance for Personal Protective Equipment in General Industry has been developed to provide general enforcement policy and guidance related to Personal Protective Equipment (PPE), and to assist CSHOs in conducting inspections.

II. Scope.

This applies OSHA-wide.

III. Cancellations.

OSHA STD 01-06-006, Inspection Guidelines for 29 CFR 1910. Subpart I, the revised Personal Protective Equipment Standards for General Industry, June 16, 1995.

IV. References.

A. 29 CFR Part 1910, Occupational Safety and Health Standards, Subparts D, F, G, H, I, J, L, N, O, P, Q, R, S, and Z.

B. 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment, Subparts B, C, D, E, F, H, I and Z.

C. 29 CFR Part 1917, Marine Terminals, Subparts B, E, F, and G.

D. 29 CFR Part 1918, Safety and Health Regulations for Longshoring, Subparts H, I, and J.

E. 29 CFR Part 1926, Safety and Health Regulations for Construction.

F. Department of Labor 2010-2016 Strategic Plan, Department of Labor Strategic Plan for Fiscal Years 2010-2016.

G. 68 F.R. 23527-23568, 29 CFR Part 1910, Proposed Rule, Walking and Working Surfaces; Personal Protective Equipment (Fall Protection), May 2, 2003.

Note: These proposals were originally issued in 1990, 55 Fed. Reg. 47660 (April 10, 1990), and were republished without change when the rulemaking record was reopened in 2003. Cites in this document are to the 2003 Federal Register notice.

H. 74 F.R. 46350-46361, 29 CFR Final Rule, Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment, September 9, I. 72 F.R. 64341-64430, 29 CFR 1910.132(h), Final Rule, Employer Payment for Personal Protective Equipment, November 15, 2007.

J. 73 F.R. 48335, 29 CFR Proposed Rule, Clarification of Remedy for Violation of Requirements to Provide Personal Protective Equipment and Train Employees, September 18, 2008.

K. 75 F.R. 28861-29153, Walking Working Surfaces and Personal Protective Equipment (Fall Protection Systems), Notice of Proposed Rulemaking, May 24, 2010.

L. OSHA CPL 02-00-148, OSHA Field Operations Manual (FOM), November 9, 2009.

M. Occupational Safety and Health Act of 1970 (29 U.S.C. §654(a)(1 - 2)).

N. OSHA Publication 3151-12R-2003, Personal Protective Equipment.

V. Federal Program Change. – Notice of Intent and Equivalency Required.

This instruction which provides general guidance for the enforcement of standards applicable to personal protective equipment (PPE) in general industry, including guidance on payment for PPE, describes a federal program change for which notice of intent and equivalency are required. OSHA recently revised its standards on PPE at 29 CFR 1910.132 and 29 CFR 1910.133 regarding employer payment for required PPE (November 15, 2007) and eye, face, head and foot protection (September 9, 2009). States with OSHA-approved State Plans were required to adopt standards at least as effective as these revisions within 6 months of federal promulgation. States must have implementing enforcement policies and procedures for their PPE standards which are at least as effective as those in this instruction.

States are required to notify OSHA within 60 days whether they intend to adopt policies and procedures identical to those in this instruction or adopt or maintain different policies and procedures. If a State adopts or maintains policies and procedures that differ from federal policies and procedures, the State must identify the differences and may either post its policies on its website and provide the link to OSHA or submit an electronic copy to OSHA with information on how the public may obtain a copy. If a State adopts policies and procedures that are identical to federal policies and procedures, the State must provide the date of adoption to OSHA. State adoption must be accomplished within 6 months, with posting or submission of documentation within 60 days of adoption.

OSHA will post summary information on the State Plan responses to this instruction on its website.

States were required to adopt standards at least as effective as OSHA’s PPE Payment standards by May 15, 2008.

VI. Action Information.

A. Responsible Office.

Directorate of Enforcement Programs (DEP), Office of General Industry Enforcement (GIE).

B. Action Offices.

National, Regional, and Area Offices; Consultation Project Managers; and State Plan States.

C. Information Offices.

None.

VII. Actions Required.

The general enforcement policies and procedures set forth in this instruction are effective immediately and will remain in effect until canceled by proper authority. OSHA Regional Administrators, Area Directors and National Office Directors should ensure that the general enforcement policies and procedures set forth in this instruction are followed.

Regional Administrators also must ensure that State Plan State Designees and Consultation Program Managers in their regions are informed of the requirements of this instruction and encourage the involvement of Consultation Programs in general industry.

VIII. Federal Agencies.

This instruction describes a change that may affect federal agencies. It is the responsibility of the head of each federal agency to establish and maintain an effective and comprehensive safety and health program. Executive Order 12196, Section 1-201 and 29 CFR 1960.16 require federal agencies to adopt policies and procedures necessary to provide a level of protection equivalent to that provided by OSHA standards and regulations.

IX. Application.

This instruction applies to general industry workplaces covered by 29 CFR Part 1910.

X. Background.

On April 6, 1994, OSHA published a final rule updating the general industry standards for PPE, 29 CFR 1910, Subpart I, 59 F.R. 16334-16364, and was corrected by 59 F.R.

33910-33911, July 1, 1994.

On June 16, 1995, OSHA published STD 01-06-006, Inspection Guidelines for 29 CFR 1910. Subpart I, the revised Personal Protective Equipment Standards for General Industry, to provide Compliance Officers with inspection guidance related to the final rule.

OSHA published a final rule requiring employers to pay for most of the PPE they must provide, 72 F.R. 64341-64430. The rule does not require employers to provide PPE where none has been required before. Instead, the rule merely stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard.

On September 9, 2009, OSHA issued a final rule which revised and updated PPE standards to be more consistent with the current consensus standards regarding good industry practices, as reflected by the latest editions of the pertinent American National Standards Institute (ANSI) standards at the time. 74 Fed. Reg. 46350-46361. The rule provided guidance for the selection and use of PPE, as well as clearer requirements that are performance-oriented where appropriate. New paragraphs containing requirements covering equipment selection, defective and damaged equipment, and training, were added to 29 CFR 1910.132.

XI. Inspection Guidelines for General Industry.

The compliance safety and health officer (CSHO) shall determine whether the employer is in compliance with the 29 CFR Part 1910, Subpart I, PPE requirements (29 CFR

1910.132 through 29 CFR 1910.138), other standards applicable to general industry that require PPE (See NOTE, below), and with the final rule for Employer Payment for Personal Protective Equipment dated November 15, 2007 (February 13, 2008 effective date).

General Industry Requirements under Part 1910, Subpart I – Personal Protective Equipment.

29 CFR

1910.132(a)

Provide PPE that is necessary to protect employees from hazards

29 CFR

1910.132(b)

Ensure that employee-owned equipment is adequate, properly maintained, and sanitary

29 CFR

1910.132(c)

Ensure that the PPE used is safe in design and construction

29 CFR

1910.132(d)

Conduct a hazard assessment and select protective equipment accordingly

29 CFR

1910.132(e)

Prohibit the use of defective or damaged protective equipment

29 CFR

1910.132(f)

Provide PPE training to employees

29 CFR

1910.132(g)

This provision provides that the hazard assessment and training provisions at (d) and (f) above apply to Subpart I requirements (see the following table) for eye, face, head, foot, and hand PPE.

However, the hazard assessment and training provisions at (d) and

(f) do not apply to respiratory protection or electrical protective equipment.

29 CFR

1910.132(h)

Provide most PPE required by OSHA standards at no cost to employees

29 CFR

1910.133

Eye and face protection

29 CFR

1910.134

Respiratory protection

29 CFR

1910.135

Head protection

29 CFR

1910.136

Foot protection

29 CFR

1910.137

Electrical protective equipment

29 CFR

1910.138

Hand protection

A. 29 CFR 1910.132 General Requirements.

This section describes current OSHA standards that apply to PPE. This section also provides a framework for determining whether the employer has complied with those standards.

Standards specifically applicable to a condition, practice, means, method, operation, or process shall prevail over any different general standard which might otherwise be applicable. However, general standards apply according to their terms to any employment and place of employment in any industry even though specific standards are also prescribed. Initially, apply the most specific PPE standard to the specific hazard or exposure; apply general PPE standards to situations not specifically covered by a standard. When a specific PPE standard does not apply to working conditions, or does not fully address a hazard, the CSHO shall determine whether a citation under 5(a)(1), the General Duty Clause of the OSH Act, shall be issued. The CSHO shall refer to OSHA Instruction CPL 02-00-148, OSHA Field Operations Manual (FOM), November 9, 2009. If a difficult question arises, consult the Regional Administrator and the Regional Solicitor.

This section describes the general requirements under 29 CFR 1910.132 through 29 CFR 1910.138 that apply to PPE along with hazard- and industry-specific standards that contain PPE provisions.

1. Application – 29 CFR 1910.132(a) The CSHO shall cite 29 CFR 1910.132(a) when the employer fails to provide, ensure use, and maintain protective clothing, in a sanitary and reliable condition whenever it is necessary by reason of hazards capable of causing injury in any part of the body.

The requirement to provide, ensure use and maintain protective clothing e.g., flame resistant clothing in a sanitary and reliable condition whenever it is necessary by reason of flash fires capable of causing injury to parts of the body. CSHO shall cite 29 CFR 1910.132(a) where this requirement is not met.

Body protection is required for employees who face potential bodily injury of any kind that cannot be eliminated through engineering, work practice or administrative controls while performing their jobs. Exposure to radiation, temperature extremes, hot splashes from molten metals and other hot liquids, and hazardous chemicals are examples of workplace hazards that could cause bodily injury. In addition, exposure to blood and other body fluids may cause illness.

Examples of body protection include laboratory coats, coveralls, vests, jackets, aprons, surgical gowns and full body suits (29 CFR 1910.132 (a)).

2. Employee-owned PPE – The CSHO shall determine that the employer is ensuring that the PPE is adequate for the job; e.g., properly maintained and in sanitary condition 29 CFR 1910.132(b).

3. Design of PPE – The CSHO shall determine that the PPE is of safe design and construction 29 CFR 1910.132(c).

4. Hazard assessment and equipment selection – 29 CFR 1910.132(d).

a. The CSHO shall determine whether the employer has assessed hazards and selected equipment for eye and face protection, head, foot, and hand protection (29 CFR 1910.132(d)(1)). Appendix B of Subpart I provides guidance on how to comply with this requirement.

b. The CSHO shall not cite 29 CFR 1910.132(d) for the employer’s failure to assess respiratory hazards and to select proper respiratory protection. The respiratory protection standard requires the provision of respirators suitable for the purpose intended (29 CFR 1910.134(a)(2)).

c. The CSHO shall not cite (29 CFR 1910.132(d)) for the employer’s failure to assess electrical hazards and to select electrical protective equipment. OSHA’s de minimis policy would allow PPE that is appropriate for the specific parts of the body to be protected and for the work to be performed (29 CFR 1910.335(a)(1)(i)).

d. The CSHO shall determine whether the employer has selected the types of PPE that are required to protect the employee from identified hazards. The CSHO shall cite 29 CFR 1910.132(d)(1)(i) for the failure to select adequate PPE.

e. The CSHO shall cite more specific assessment and selection provisions when applicable.

Examples:

The hazardous waste operations and emergency response standard contains assessment and PPE selection requirements at (29 CFR 1910.120(c)(5)(i) - (iv); 29 CFR 1910.120(g)(3)(i) through (vi), and 29 CFR 1910.120(q)(3)(iii), (iv)).

The permit-required confined space standard requires PPE when engineering and work practice controls do not adequately protect employees (29 CFR 1910.146(d)(iv)). The standard also requires PPE and rescue equipment needed to conduct rescues safely (29 CFR 1910.146(k)(1)(i)).

The welding standard’s PPE selection requirement addresses proper and suitable helmets, hand shields, and eye protection needed for the job (29 CFR 1910.252(b)(2)(i)(A)(B) and (D)).

The telecommunications standard requires PPE needed for the work to be performed (29 CFR 1910.268(e)).

CSHOs shall cite (29 CFR 1910.1030(d)(3)), for provisions requiring employers to provide PPE for occupational exposures, and refer to CPL 02-02-069, Enforcement Procedures for the Occupational Exposure to Bloodborne Pathogens for further guidance regarding bloodborne exposures.

f. The CSHO shall determine whether the employer has communicated selection decisions to each affected employee. Cite 29 CFR 1910.132(d)(1)(ii) if the employer has failed to inform employees or conduct PPE demonstrations.

g. The CSHO shall determine whether the employer has selected PPE that properly fits each affected employee. Cite 29 CFR 1910.132(d)(1)(iii) if the PPE selected does not properly fit.

Appendix B of Subpart I provides non-mandatory guidance for determining and achieving the proper fit that is required under this standard.

h. The CSHO shall determine whether the employers have certified in writing that a hazard assessment has been conducted. A violation of 29 CFR 1910.132(d)(2) should be issued if no written certification has been performed.

Employers may rely on previously conducted, appropriate hazard assessments even if performed by a previous employer, provided that the job conditions and hazards have not substantially changed.

If an employer relies upon a hazard assessment that it or another employer conducted, the certification shall contain the date the employer determined that the prior hazard assessment was adequate rather than the date of the actual assessment.

The CSHO shall cite the standards for the use of eye and face protective devices, head protection, and foot protection, 29 CFR 1910.133(b), 29 CFR 1910.135(b), or 29 CFR 1910.136(b), respectively, if the PPE provided by the employer does not meet the ANSI standards incorporated by reference in those standards.

A citation shall not be issued for a violation of the applicable PPE standard if the employer demonstrates that a piece of equipment is as effective as that complying with the incorporated ANSI standard.

5. Defective and damaged PPE – 29 CFR 1910.132(e).

The CSHO shall determine whether defective or damaged personal protective equipment is being used. The CSHO shall not cite 29 CFR 1910.132(e) if, in its present condition, the PPE provides the protection it was designed to provide.

A citation shall be issued if the employer allows the employee to use defective or damaged PPE that the employer has provided or that the employee already owns and volunteers to use.

6. PPE Training – 29 CFR 1910.132(f).

a. The CSHO shall determine whether the employer has trained each employee who is required to use eye and face protection, head, foot, and hand protection on the following:

when and what PPE is necessary, how to don, doff, adjust, and wear the PPE;

the limitations of PPE; and the proper care, maintenance, useful life, and disposal of PPE.

b. The provision(s) corresponding to these elements at 29 CFR 1910.132(f)(1)(i) – (v) shall be cited if any employee required to use eye, face, head, foot or hand protection has not been trained on all of the element(s).

c. The CSHO shall determine whether each employee performs work requiring the use of PPE can demonstrate an understanding of the required training, and the ability to use PPE properly. Lack of an employee’s knowledge in or use of, assigned PPE would be indicative that the employee has not retained the requisite understanding or skill. Cite 29 CFR 1910.132(f)(2) where the employer fails to meet this requirement.

d. The CSHO shall determine whether changes in the workplace or in the types of PPE used have made previous training obsolete. The CSHO shall cite 29 CFR 1910.132(f)(3) with reference to the circumstance at 29 CFR 1910.132 (f)(3)(i) if the employer has not retrained each affected employee.

e. The CSHO shall determine whether the employee knows when and what eye, face, head, foot and hand PPE is necessary, how to properly don, doff, adjust and wear the assigned PPE, the limitations on the assigned PPE, and the proper care, maintenance, useful life and disposal of the assigned PPE. If each employee required to use the assigned PPE does not know all of the above, a citation shall be issued under 29 CFR 1910.132(f)(3)(iii) for the failure to retrain.

f. A citation shall not be issued under 29 CFR 1910.132(f) if the employer did not provide training but a previous employer has provided training that conforms to the above elements. The CSHO should determine if the employee has the requisite knowledge and skill through his or her prior experience.

g. The CSHO shall determine whether the employer has a written certification that each affected employee has received and understands the required training. Cite 29 CFR 1910.132(f)(4) if an employer cannot produce such certification.

h. The CSHO shall determine if the certification contains the name of each employee trained, the dates of training, and the subject of the certification.

i. If an employer relies upon training provided by another employer, or the knowledge and ability gained by an employee through his or her work experience, the written certification should contain the date that the current employer determined that the prior training or the employee’s knowledge was adequate, rather than the date of the actual training.

Employers may use any format that contains the required information. It may be a single certification for all of its employees, for a group of employees (based on a common task, type of exposure, or other appropriate characteristic), or for one or more named employees. The document need only indicate that it is a certification of training for PPE being used by the employee. It need not identify the specific category of PPE (e.g., eye and face protection), type (e.g., goggles), or model of PPE covered by the certification.

B. 29 CFR 1910.133 Eye and face protection.

Where such protection is necessary, CSHOs shall verify whether employers provide their affected employees with eye and face protection as required by 29 CFR 1910.132 and 29 CFR 1910.133. The employer must ensure that each affected employee uses protective eye and face wear that fits properly and protects against specific workplace hazards. In addition, the employer should ensure that the protective eye and face wear is reasonably comfortable, provides unrestricted vision and movement, is durable and clean, and provides unrestricted functioning of any other required PPE. For additional information on eye and face protection, see OSHA Publication 3151-12R-2003, Personal Protective Equipment.

1. The standard requires that each affected employee shall use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation (29 CFR 1910.133(a)(1)).

2. Front and side eye protection must be used when there is a hazard from flying objects. Detachable side protectors (e.g., clip-on or slide-on shields) meeting the pertinent requirements of this section are acceptable (29 CFR 1910.133(a)(2)).

3. The standard requires that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards must wear eye protection that incorporates the prescription in its design, or protection that can be worn over the prescription lenses without disturbing the proper position of either the PPE or the prescription lenses (29 CFR 1910.133(a)(3)).

4. When employees use equipment with filter lenses, the lenses must have a shade number appropriate for the work being performed for protection from injurious light radiation (29 CFR 1910.133(a)(4)). See 29 CFR 1910.133, Table I-1, Filter Lenses for Protection Against Radiant Energy, which lists the necessary shade numbers for various operations.

NOTE: When goggle and helmet lenses are worn together, the shade value of the goggle and helmet lenses can be summed to satisfy the shade requirements of 29 CFR 1910.133, Table I-1.

5. Protective eye and face devices must comply with any of the following consensus standards (29 CFR 1910.133(b)(1)):

a. ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection (29 CFR 1910.133(b)(1)(i)); or

b. ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection (29 CFR 1910.133(b)(1)(ii)); or

c. ANSI Z87.1-1989, American National Standard Practice for Occupational and Educational Eye and Face Protection (29 CFR 1910.133(b)(1)(iii)).

NOTE: Eye and face protective devices that the employer demonstrates are at least as effective as 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 (29 CFR 1910.133(b)(2)).

6. The CSHO should use OSHA Publication 3151-12R-2003, Personal Protective Equipment, as a reference aid. The following are some examples of eye protection:

a. Safety spectacles or glasses have safety frames constructed of metal or plastic and impact-resistant lenses. Permanent or detachable side protection is available on some models.

NOTE: Side protection is required when there is a hazard from flying objects.

b. Detachable side protectors (e.g., clip-on or slide-on side shields) may be permitted as long as they meet the criteria specified in ANSI Z87.1-1989 (29 CFR 1910.133(a)(2)).

NOTE: Detachable side protectors meeting the criteria of ANSI Z87.1-1989 (R-1998) and ANSI Z87.1-2003 are also acceptable.

c. Goggles are tight-fitting eye protection that completely covers the eyes, eye sockets and the facial area immediately surrounding the eyes. They provide protection from impact, dust and splashes.

Some goggles will fit over corrective lenses.

d. Face shields are transparent sheets of plastic extending from the eyebrows to below the chin and across the entire width of the employee’s head. Some are polarized for glare protection. Screen-type face shields are used around molten metal operations. Face shields protect eyes from small particles and potential splashes or sprays of hazardous liquids but will not provide adequate protection against impact hazards.

NOTE: Face shields shall be used only in conjunction with spectacles or goggles, providing a higher level of protection to the employees face and eyes. See, ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection.

e. Welding shields are constructed of vulcanized fiber or fiberglass and can be fitted with a filtered lens. Welding shields protect eyes from burns caused by infrared or intense radiant light; they also protect both the eyes and face from flying sparks, metal spatter, and slag chips produced during welding, brazing, soldering, and cutting operations. OSHA requires filter lenses to have a shade number appropriate to protect against harmful light radiation. For additional information on filtered lenses, see Table I-1 at 29 CFR 1910.133.

f. Laser safety goggles are specialty goggles that protect against intense concentrations of light produced by lasers. Laser safety goggles should protect for the specific wavelength of the laser and must be of sufficient optical density for the energy involved.

Safety goggles intended for use with laser beams must be labeled with the laser wavelengths for which they are intended to be used, the optical density of those wavelengths, and the visible light transmission. The type of laser safety goggles chosen by the employer will depend upon the equipment and operating conditions in the workplace.

C. 29 CFR 1910.134 - Respiratory protection.

CSHOs should determine if an employer has complied with the requirements in 29 CFR 1910.134. The 29 CFR 1910.134 standard applies to respirator use where respirators are being worn to protect employees from exposure to air contaminants above an exposure limit or are otherwise necessary to protect employee health, and where respirators are otherwise required to be worn by the employer, and where respirators are voluntarily worn by employees for comfort or for other reasons. The standard requires employers to have a written respiratory protection program that includes procedures for: respirator selection, use, fit testing, and cleaning, maintenance and repair; training in respirator use and respiratory hazards; medical evaluations of employees required to use respirators;

procedures for ensuring adequate breathing air; and for evaluating the respiratory protection program’s effectiveness.

1. The requirement for employers to conduct engineering and work practice controls appears in several substance-specific standards (e.g., the asbestos standard at 29 CFR 1910.1001(f)). CSHOs shall cite the respirator provisions of substance-specific Part 1910 standards when those standards apply (e.g., the asbestos standard at 29 CFR 1910.1001(g)). Cite 29 CFR 1910.1000(e)) when the substance is listed in Table Z of 29 CFR

1910.1000. The requirement for employers to provide respirators is found in several substance-specific Part 1910 standards (e.g., the lead standard at 29 CFR 1910.1025(e) and (f)). CSHOs shall cite the respirator provisions of substance-specific standards when those standards apply. Cite 29 CFR 1910.134(a)(2) when the substance is listed only in Table Z of 29 CFR

1910.1000. Respirator violations are normally grouped with the overexposure to substances regulated by other standards.

2. The employer must provide the right type of respirator for the substance and level of exposure involved. Respiratory protection equipment includes: filtering face pieces (dust masks) and other air-purifying respirators; atmosphere-supplying respirators, including supplied-air respirators and self-contained breathing apparatus; and escape-only respirators. Unless a substance-specific standard applies, citations shall be issued under 29 CFR 1910.134(d) if an employer fails to provide an appropriate respirator. For complete enforcement guidance on respiratory protection, see CPL 02-00-120, Inspection Procedures for the Respiratory Protection Program and CPL 02-00-148, Field Operations Manual.

D. 29 CFR 1910.135 Head protection.

CSHOs shall determine compliance with head protection requirements in 29 CFR 1910.135(a). Employers must require employees to wear a protective helmet or hard hat when working in areas where there is potential for injury to the head from falling objects (29 CFR 1910.135(a)(1)). A protective helmet designed to reduce electrical shock hazards must be worn by employees where there is potential for electric shock or burns due to contact with exposed electrical conductors which could contact the head (29 CFR 1910.135(a)(2)). In general, hard hats or protective helmets shall resist penetration by objects, absorb the shock of a blow, be water-resistant, and have slow-burning properties.

Manufacturers’ instructions explaining proper adjustment and replacement of the suspension and headband should be followed. Employers shall replace protective helmets and their suspension systems when damaged or deteriorated, and at intervals specified by the manufacturer. For additional information on head protection, see OSHA Publication 3151-12R-2003, Personal Protective Equipment and ANSI Z89.1-2003, American National Standard for Industrial Head Protection.

1. Head protection must comply with any of the following consensus standards (29 CFR 1910.135(b)(1)).

a. ANSI Z89.1-2003, American National Standard for Industrial Head Protection (29 CFR 1910.135(b)(1)(i)); or

b. ANSI Z89.1-1997, American National Standard for Industrial Head Protection (29 CFR 1910.135(b)(1)(ii)); or

c. ANSI Z89.1-1986, American National Standard for Personnel Protection -Protective Headwear for Industrial Workers - Requirements (29 CFR 1910.135(b)(1)(iii)).

NOTE: Head protection devices that the employer demonstrates are at least as effective as devices constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (29 CFR 1910.135(b)(2)).

2. ANSI Z89.1-1986 contains the following types and classes.

a. Type I. Type I helmets have a full brim.

b. Type II. Type II helmets are brimless with a peak extending forward from the crown.

c. Class A. Class A helmets are intended to reduce the force of impact of falling objects and to reduce the danger of contact with exposed low-voltage conductors. Representative sample shells are proof-tested at 2,200 volts (phase to ground).

d. Class B. Class B helmets are intended to reduce the force of impact of falling objects and to reduce the danger of contact with exposed high-voltage conductors. Representative sample shells are proof-tested at 20,000 volts (phase to ground).

e. Class C. Class C helmets are intended to reduce the force of impact of falling objects. This class offers no electrical protection.

NOTE: Proof-test voltages for Class A and B helmets are not intended to be an indication of the voltage at which the headgear protects the wearer, but only the level at which they are tested.

3. ANSI Z89.1-1997 classifies protective helmets according to the specific impact (types) and electrical performance requirements they are designed to meet (classes).

a. Type I. Helmets intended to reduce the force of impact resulting from a blow only to the top of the head.

b. Type II. Helmets intended to reduce the force of impact resulting from a blow which may be received off center or to the top of the head.

NOTE: ANSI Z89.1-1997 eliminated the old Type I and Type II (full brim vs. no encircling brim) design designations. In the 1997 ANSI standard, Type I is used to designate vertical impact protection and Type II is used to designate vertical and side impact protection.

c. Class G (General). Class G helmets are intended to reduce the danger of contact exposure to low-voltage conductors. Test samples are proof-tested at 2,200 volts (phase to ground).

d. Class E (Electrical). Class E helmets are intended to reduce the danger of exposure to high-voltage conductors. Test samples are proof-tested at 20,000 volts (phase to ground).

e. Class C (Conductive). Class C helmets are not intended to provide protection against contact with electrical conductors.

NOTE: ANSI Z89.1-1986 specified the helmet classes as A, B, and C. The 1997 ANSI standard (Z89.1-1997) changed these helmet classes to G, E, and C. Proof-test voltages for Class G and E helmets are not intended to be an indication of the voltage at which the headgear protects the wearer, but only the level at which they are tested.

E. 29 CFR 1910.136 Foot protection.

CSHOs shall determine compliance by employers with the foot protection requirements in 29 CFR 1910.136. Employers must ensure that employees wear protective footwear when working in areas where there is a danger of foot injuries from falling or rolling objects, or objects piercing the sole (29 CFR 1910.136(a)).

1. The hazard assessment provision at 29 CFR 1910.132(d)(1) requires employers to identify the hazards to which their employees may be exposed and have employees equipped accordingly.

2. Protective footwear must comply with any of the following consensus standards (29 CFR 1910.136(b)(1)):

a. ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear (29 CFR 1910.136(b)(1)(i)); or

b. ANSI Z41-1999, American National Standard for Personal Protection- Protective Footwear (29 CFR 1910.136(b)(1)(ii)); or

c. ANSI Z41-1991, American National Standard for Personal Protection- Protective Footwear (29 CFR 1910.136(b)(1)(iii)).

NOTE: Protective footwear that the employer demonstrates is at least as effective as footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (29 CFR 1910.136(b)(2)). The manufacturers’ instructions and the distributors’ literature may not be in themselves evidence of effectiveness.

d. For additional information on foot protection, see OSHA Publication 3151-12R-2003, Personal Protection Equipment. The following are some examples of foot (or lower leg) protection:

Metatarsal guards are designed to protect the top of the foot from the toes to the ankle over the instep of the foot. This protection is required when there is a potential for injury to that part of the foot from impact or compression hazards. Examples include handling heavy pipes or similar activities where loads could drop on or roll over an employee’s foot. These guards are made of aluminum, steel, composites, fiber or plastic, and may be attached to the outside of shoes.

Toe guards fit over the toes of regular shoes to protect the toes from impact and compression hazards. They may be made of steel, aluminum, or plastic.

NOTE: ANSI Z41-1991, American National Standard for Personal Protection- Protective Footwear, which is incorporated by reference, requires at paragraph 1.4 that the toe box be incorporated into the footwear during construction and shall be an integral part of the footwear. An employer who chooses to provide employees with toe guards must demonstrate that they are as equally protective as the Z41-1991 standard as required by 29 CFR 1910.136(b)(1) and (b)(2).

Combination foot and shin guards protect the lower legs and feet, and may be used in combination with toe guards when greater protection is needed.

Safety shoes or boots provide protection against impact (impact-resistant toes), compression and puncture hazards, and have heat-resistant soles that protect against hot work surfaces.

Electrically conductive shoes provide protection against the buildup of static electricity. Employees working in actual or potentially explosive and hazardous locations must wear conductive shoes to reduce the risk of static electricity buildup on the body that could produce a spark and cause an explosion or fire.

Foot powder should not be used with protective conductive footwear because foot powder provides insulation and reduces the conductive ability of the shoes. Silk, wool, and nylon socks can produce static electricity and should not be worn with conductive footwear. Conductive shoes must be removed when the task requiring their use is completed.

NOTE: Employees exposed to electrical hazards must never wear conductive shoes.

Electrical hazard, safety-toe shoes or boots are intended to provide protection against open circuits of 600 volts or less under dry conditions. This footwear is designed to reduce hazards due to contact with electrically energized parts and is only intended to provide secondary electrical hazard protection on surfaces that are substantially insulated. They also provide toe protection.

NOTE: Electrical hazard footwear is not meant for use in explosive or hazardous locations where conductive footwear is required. Nonconductive footwear must not be used in an explosive or hazardous location. The insulating protection of electrical hazard shoes may be compromised if: the shoes become wet, the soles are worn through, metal particles become embedded in the sole or heel or employees touch conductive items that are grounded.

Foundry shoes have safety toe protection, insulate the feet from the extreme heat of molten metal, and keep hot metal from lodging in shoe eyelets, tongues, or other shoe parts. These snug-fitting leather or leather-substitute shoes have leather or rubber soles and rubber heels.

F. Applicable Electrical Standards (PPE Implications).

29 CFR 1910.137 Electrical Protective Devices, 29 CFR 1910.269 Electric Power Generation, Transmission, and Distribution, 29 CFR 1910.333 Selection and Use of Work practices, 29 CFR 1910.335 Safeguards for personnel protection

CSHOs shall cite 29 CFR 1910.137(b)(2)(ii) when the employer fails to ensure that the insulating equipment has not been inspected for damage before each day’s use and immediately following any incident that can reasonably be suspected of having caused damage. CSHOs shall cite 29 CFR 1910.137(b)(1) when protective equipment has not been maintained in a safe, reliable condition. CSHOs shall cite 29 CFR 1910.137(b)(2)(viii) when electrical protective equipment has not been periodically tested.

NOTE: Insulated protected tools and testing equipment are not considered to be personal protective equipment when working in proximity to exposed electrical parts. These tools are designed to make contact with exposed energized conductors or circuit parts.

OSHA’s existing clothing requirement in 29 CFR 1910.269(l)(6)(iii) does not require employers to protect employees from electric arcs through the use of flame-resistant clothing. Rather, it requires that an employee’s clothing does not increase the extent of an injury when exposed to flames or electric arcs.

CSHOs shall cite 29 CFR 1910.333(a) when employers fail to select and use work practices to prevent electric shock from direct or indirect electrical contacts when work is performed near or on equipment or circuits which are or may be energized. Specific work practice requirements are detailed in paragraph (c) of this section.

CSHOs shall cite 29 CFR 1910.335(a)(2)(ii) when the employer fails to use safeguards, such as shields, barriers, or insulating material, to protect employees from shock, burns, or other electrically related injuries. In situations where safeguards that are not fully protective safeguards are used, OSHA’s citation policy for de minimis violations may apply if the employer has implemented supplemental measures, which could include the use of arc-rated clothing, to fully protect employees from all residual energy (e.g., the resultant thermal effects from the electric arc that passes the initial safeguard). See Letter of Interpretation dated November 14, 2006.

G. 29 CFR 1910.138 Hand Protection.

CSHOs shall determine compliance by employers with hand protection requirements using 29 CFR 1910.138(a). Employers shall select and require affected employees to use appropriate hand protection when their hands are exposed to hazards such as: from skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical burns, thermal burns, harmful temperature extremes, and sharp objects. Each affected employee who faces possible bodily injury of any kind that cannot be completely eliminated through engineering, work practice or administrative controls must wear appropriate hand protection while performing their jobs. For additional information on hand and body protection, see OSHA Publication 3151-12R-2003, Personal Protective Equipment.

NOTE: Most chemical glove manufacturers provide recommendations based on the chemicals used and even the type of protection needed (such as immersion versus splash). Many of these recommendations are available from the manufacturers online.

H. 29 CFR 1910.95 Hearing protection (Occupational Noise Exposure).

1. The 29 CFR 1910.95 provisions for hearing protection apply to general industry and shipyard employment. When permissible noise exposure levels are exceeded and feasible administrative or engineering controls fail to reduce the noise level to below the PEL, the employer must provide hearing protection to each affected employee. CSHOs shall determine whether employers have identified all affected employees and ensure each employee exposed above permissible noise levels wears the hearing protection. Employee exposure to excessive noise is affected by a number of factors, including the noise level(s) as measured in decibels (dB), the duration of exposure to noise, whether employees move between work areas with different noise levels, and whether noise is generated from one or multiple sources. The Permissible Noise Exposures table below is from the OSHA noise standard; Table G-16 at 29 CFR 1910.95(b)(2). In general, the louder the noise (sound level), the shorter the period during which employees may be exposed without requiring hearing protection.

Permissible Noise Exposures

Duration per day, in hours

Sound level dBA in slow response

8 90 6 92 4 95 3 97 2 100

1½ 102 1 105 ½ 110

¼ or less 115

As part of a continuing, effective hearing conservation program employers must make hearing protection available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater measured on the A scale (slow response) at no cost to the employees. See (29 CFR 1910.95(c)).

2. The provisions of 29 CFR 1910.95(c) require employers to ensure that hearing protection is provided to, and worn by, all employees who are exposed to an 8-hour time-weighted average of 85 decibels or greater, or who are required by 29 CFR 1910.95(b)(1) to wear personal protective equipment, and by any employees who are exposed to an 8-hour time-weighted average of 85 decibels or greater, and who:

a. Have not yet had a baseline audiogram established pursuant to 29 CFR 1910.95(g)(5)(ii) as required by 29 CFR 1910.95(i)(2)(ii)(A);

or

b. Have experienced a standard threshold shift (29 CFR 1910.95(i)(2)(ii)(B)).

3. Hearing protection equipment must be replaced as necessary (29 CFR 1910.95(i)(1)), as all types of PPE have a limited life span. For example, the foam seal on earmuffs flanges on rubber earplugs, and foam earplugs all lose their elasticity over time. As hearing protectors wear out, their attenuation properties are diminished. Also, the headband on earmuffs can relax so that they no longer provide a snug fit. Although some foam plugs can be washed several times in mild soap and water, they should usually be changed every day or two, especially in dusty or oily environments.

They should not be removed with dirty hands if they are expected to be reused, as reinsertion of dirty plugs may cause ear infections.

4. Employees must be given the opportunity to select hearing protection from a variety of suitable equipment provided by the employer (29 CFR 1910.95(i)(3)). For example, employers must give employees a choice between at least one type of earplug and one type of earmuff since individuals may be more comfortable in one type of protection than in the other.

5. The employer must provide training in the use and care of all hearing protection provided to employees (29 CFR 1910.95(i)(4)).

6. The employer must ensure proper initial fitting and supervise the correct use of all hearing protection (29 CFR 1910.95(i)(5)).

7. Hearing protector attenuation. CSHOs shall determine whether the employer has evaluated hearing protector attenuation for the specific noise environments in which the protector will be used.