DOE/EH-0038 --- Issue No. 94-04 --- 05/94

Final Rules Issues

Personal Protective Equipment For General Industry

Summary

The Occupational Safety and Health Administration (OSHA) has revised standards that contain the general requirements for all PPE (Section 910.132) and standards that set design, selection, and use requirements for specific types of PPE (eye, face, head, foot, and hand). According to OSHA, the revisions make the standards more consistent with the current consensus regarding good industry practices, as reflected by the latest editions of the pertinent American National Standards Institute (ANSI) standards. The revisions also include guidance for the selection and use of PPE as well as clearer requirements that are performance-oriented, where appropriate.

Paragraphs that contain requirements covering equipment selection, defective and damaged equipment, and training have been added to Section 1910.132. Section 1910.138 has also been added to this Subpart to address hazards to the hands. In addition, two nonmandatory appendices have been added to the Subpart to provide additional guidance to employers and employees with regard to PPE for eye, face, head, foot, and hand hazards.

Effective Date

This standard becomes effective on July 5, 1994.

Reporting of Fatality or Multiple Hospitalization Incidents

The Final Rule was published in the Federal Register April 1, 1994, Vol. 59, No. 63, pp. 15594-15600, to revise and clarify OSHA's regulation on Reporting of Fatality or Multiple Hospitalization Incidents (29 CFR Part 1904).

Summary

The final rule includes numerous clarifications and several minor modifications to OSHA's regulation on Reporting of Fatality or Multiple Hospitalization Incidents. The three major changes to the former reporting requirements include the following:

1. Employers are required to report work-related incidents resulting in the depth of an employee or the hospitalization of three or more employees. Formerly, the regulation applied to work-related incidents that resulted in one or more fatalities or hospitalizations of five or more employees.

2. Employers are required to verbally report such incidents within 8 hours after the employer learns of it, instead of by either written or verbal communication within 48 hours.

3. If an incident is not immediately reportable but results in the death of an employee, or the inpatient hospitalization of three or more employees within 30 days of the incident, OSHA requires that an employer report such fatality or multiple hospitalization within 8 hours after learning of it.

Effective Date

The new regulation became effective May 2, 1994.

Hazard Communication Standard

The Final Rule was published in the Federal Register February 9, 1994, Vol. 59, No. 27, pp. 6126-6184, to clarify OSHA's Hazard Communication Standard requirements.

Summary

The Hazard Communication Standard (HCS) requires employers to establish hazard communication programs that provide information on the hazards of chemicals to their employees by means of labels on containers, material safety data sheets (MSDSs), and training programs. The implementation of such programs ensures that all employees are aware of the hazards and identities of chemicals that they use in the workplace. Hopefully, such employee knowledge will reduce the occurrence of chemically related occupational illnesses and injuries.

The final rule includes minor changes and technical amendments that further clarify the requirements. The final rule also includes the following:

• Adds and clarifies certain exemptions from labeling and other requirements.

• Modifies and clarifies aspects of the written hazard communication program and labeling requirements.

• Clarifies and slightly modifies the duties of distributors, manufacturers, and importers to provide material safety data sheets to employees.

• Clarifies certain provisions regarding MSDSs.

Changes having the most impact on Department of Energy (DOE) and DOE contractor facilities are those involving requirements for laboratories to generate (under certain circumstances) MSDSs, and specifics concerning the availability of MSDSs at multi-employer worksites and mobile worksites.

Effective Date:

The final rule became effective March 11, 1994.

Copies of these final rules are available without charge from OSHA's Publications Office, Rm N3101, 200 Constitution Avenue, NW, Washington, DC 20210 (202)219-4667. For answers to specific questions pertaining to the above final rules, call DOE's Occupational Safety and Health Standards Interpretations Response Line at 1-800-292-8061.

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