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


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. OSHA-2006-0049]


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

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

ACTION: Final rule; correction and technical amendment.

-----------------------------------------------------------------------

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Background

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

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

B. Mechanical Power Presses (Sec.  1910.21)

    On December 27, 2011, OSHA published a Federal Register notice

[[Page 46949]]

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

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

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

II. Exemption from Notice-and-Comment Procedures

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

List of Subjects

29 CFR Part 1910

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

29 CFR Part 1926

    Scaffolds, Occupational safety and health.

Authority and Signature

    David Michaels, MPH, Ph.D., Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210, authorized the 
preparation of this document. Accordingly, pursuant to Section 6 of 29 
U.S.C. 655, Section 4 of 5 U.S.C. 553, Secretary of Labor's Order No. 
1-2012 (77 FR 3912), and 29 CFR 1911.5.

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

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

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart I--[Amended]

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

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable; and 29 CFR 1911.
    Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued 
under 29 CFR 1911.
    Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued 
under 29 CFR 1911 and 5 U.S.C. 553.

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


Sec.  1910.134  Respiratory protection.

* * * * *

Appendix C to Sec.  1910.134: * * *

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

Subpart O--[AMENDED]

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

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable; and 29 CFR 1911.
    Sections 1910.176, 1910.177, 1910.178, 1910.179, 1910.180, 
1910.181, and 1910.184 also issued under 29 CFR part 1911.


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


Sec.  1910.217  Mechanical power presses.

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

[[Page 46950]]

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart L--[AMENDED]

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

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


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

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

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