I
104TH CONGRESS
1ST SESSION
H. R. 750
To amend the Occupational Safety and Health Act of 1970 to provide for
uniform warnings on personal protective equipment for occupational use,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 1995
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Economic and Educational Affairs
A BILL
To amend the Occupational Safety and Health Act of 1970
to provide for uniform warnings on personal protective
equipment for occupational use, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Worker Protection
Warnings Act of 1995’’.
SEC. 2. REFERENCE.
Whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provisions, the reference shall be considered
to be made to a section or other provision of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651
et seq.).
SEC. 3. FINDINGS.
The Congress finds that—
(1) the absence of uniform warnings for per-
sonal protective equipment for occupational use risks
causes confusion among employers and their employ-
ees concerning the proper use and limitations of
such equipment and increases worker exposure to
workplace injuries and illnesses from lack of proper
worker training and consequent misuse of such
equipment; and
(2) the absence of Federal standards specifying
warnings for personal protective equipment for occu-
pational uses leaves questions as to the adequacy of
such warnings to be determined by different and fre-
quently inconsistent State requirements, prohibi-
tions, and court decisions, placing an undue burden
on interstate commerce in such equipment.
SEC. 4. STATEMENT OF PURPOSES.
It is the purpose of this Act to—
(1) increase workplace safety by enhancing em-
ployer and employee understanding of the proper use
and limits of personal protective equipment for occu-
pational use through occupational safety and health
standards that establish specific coherent and effec-
tive uniform warnings for such equipment; and
(2) expressly preempt the application of any
State standards, requirements, or prohibitions,
whether established by statute, regulation, court de-
cisions or otherwise, in any determination of the
adequacy of such uniform warnings.
SEC. 5. UNIFORM WARNINGS FOR PERSONAL PROTECTIVE
EQUIPMENT FOR OCCUPATIONAL USE.
Section 6 (29 U.S.C. 655) is amended by adding at
the end the following new subsection:
‘‘(h)(1) Not later than 12 months after the date of
enactment of this subsection, the Secretary shall issue a
final regulation establishing, as occupational safety and
health standards, uniform warnings for personal protec-
tive equipment for occupational use.
‘‘(2) For purposes of this Act—
‘‘(A) the term ‘personal protective equipment’
means equipment intended for use by workers in a
workplace subject to this Act, which equipment is in-
tended to protect the eyes, face, head, hearing ex-
tremities, or respiratory tract from workplace haz-
ards, to function as protective clothing, as a protec-
tive shield or barrier, as personal fall arrest or lad-
der safety devices, or as safety and health monitor-
ing and instrumentation devices; and
‘‘(B) the term ‘warning’ means any statement
directing or describing one or more actions, proce-
dures, or prohibitions relating to the use of personal
protective equipment, which statement, if not com-
plied with, may result in personal injury or death to
the user of the equipment.
‘‘(3) Each standard promulgated under paragraph
(1) shall prescribe the full text of each warning described
in such paragraph and the means by which the manufac-
turer or other seller of the personal protective equipment
shall communicate each such warning to the employer
using such equipment.
‘‘(4) Each standard issued under paragraph (1) for
personal protective equipment shall—
‘‘(A) require the employer to communicate each
prescribed warning to each employee using the per-
sonal protective equipment, and to train, educate
and instruct each such employee in—
‘‘(i) the proper use of such personal protec-
tive equipment;
‘‘(ii) how each such warning applies in
such employer’s workplace and such employee’s
work environment; and
‘‘(iii) the consequences of failing to observe
each such warning;
‘‘(B) become effective 6 months after the date
on which such standards is published in the Federal
Register; and
‘‘(C) exempt from coverage under such stand-
ard warnings for personal protective equipment
placed in interstate commerce by its manufacturer
before the date such standard becomes effective un-
less such manufacturer or other seller of such equip-
ment communicates the prescribed warnings to the
employer using the equipment as required in such
standard.
‘‘(5) The Secretary, in promulgating standards pur-
suant to paragraph (1), shall consider such factors as the
experience of manufacturers using particular warnings
and the means of communication of such warnings, as well
as human factors and the opinions of workers and experts
as to the effectiveness of such warnings and respective
means of communication, which information on such fac-
tors and opinions shall be submitted as written data and
comments during submission under subsection (b)(2) of
this section.’’.
SEC. 6. PREEMPTION.
(a) IN GENERAL.—Section 4 (29 U.S.C. 653) is
amended by adding at the end the following:
‘‘(c) Nothing is this section shall be construed to ne-
gate the intent of Congress to occupy or regulate the en-
tire field of warnings for personal protective equipment for
occupational use.’’.
(b) OTHER STANDARDS.—Section 18 (29 U.S.C.
667) is amended by adding at the end the following new
subsection:
‘‘(i)(1) After an occupational safety and health stand-
ard issued under section 6(h) becomes effective, no State,
or political subdivision of a State, may, by legislation, reg-
ulation, court decision, or otherwise establish or continue
in effect, any standard, requirement, or prohibition for
any personal protective equipment which has the force and
effect of law which is different from, or in addition to,
any requirement set forth in any occupational safety and
health standard promulgated by the Secretary under sec-
tion 6(h).
‘‘(2) Notwithstanding the provisions of subsection
(c)(2), the Secretary may not approve a plan submitted
by a State under subsection (b) of this section, or any
modification thereof, if such plan includes any require-
ment which is different from, or is in addition to, any re-
quirement set forth in any occupational safety and health
standard promulgated by the Secretary under section
6(h).’’.
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