Dear Mr. [Name withheld]

This is in response to your letter of July 8, 1982, petitioning for a change in the OSHA standards to permit the use of readily available eyewash equipment, in some situations, as a substitute for using [eye] protection, as well as your recommendations for expanded requirements covering the location and accessibility of eyewash equipment.

I would be interested in receiving copies of the research you mentioned, which seemed to indicate that protective eyewear and face shields cause eye problems, irritation and headaches. My office is aware of isolated complaints but does not have research material indicating this to be a problem. In fact, the research material which we possess indicates protective eyewear to have optical qualities of an acceptable level … Additionally, overall optical characteristics of protective eyewear exceed those of prescription eyewear.

Regarding your suggestion of substituting portable eyewash equipment for eye protection, [safety glasses] we do not view this as equivalent protection. The purpose of the protective eyewear is to prevent the accident, whereas the purpose of eyewash facilities is to minimize the injury should the first line of defense fail to do the job.

Your suggestions relative to better defining the requirements for eyewash facilities seem appropriate. I am providing a copy of your letter to … director, Directorate of Health Standards for consideration by his staff who have responsibility for Section 1910.151.

Sincerely,

[Name withheld]

Director

Directorate of Safety Standards Programs

Dear Mr. [Name withheld]:

Thank you for your June 19, 2000 letter to the OSHA’s Directorate of Compliance Programs (DCP). This letter constitutes OSHA’s interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence.

… the response to your letter required extensive research, and several levels of departmental review, including legal analysis.

Question: What regulations state how close [an] eyewash station must be to a battery changing/charging station?

Reply: Because paragraph 1910.178 does not have a specific requirement for eyewash facilities, the general standard at paragraph 1910.151 applies. When necessary, facilities for drenching or flushing the eyes “shall be provided within the work area for immediate emergency use.” In applying these general terms, OSHA would consider the guidelines set by such sources as ANSI Z358.1-1998, Emergency Eyewash and Shower Equipment, [current edition at the time] which states, at section 7.4.4, that eyewash facilities are to be located to require no more than 10 seconds to reach, but that where a strong acid or caustic is used, the unit should be immediately adjacent to the hazard.

Thank you for your interest in occupational safety and health,

Director

Directorate of Compliance Programs

Dear Mr. [Name withheld]:

Thank you for your letter to OSHA. You requested an interpretation of 29 CFR 1910.151, Medical Services and First Aid, specifically, section (c) regarding, “suitable facilities for quick drenching or flushing of the eyes and body.” Your question has been restated below for clarity:

Background: Your company, a large manufacturer and distributor of sulfuric acid, requires the services of many third-party terminals and distributors to assist with the handling of your product. You have specific criteria when acquiring a new terminal that it must meet before a contract is signed. One of these requirements is the need for safety showers that meet or exceed OSHA requirements; OSHA has quoted ANSI Z358.1-1990 in several letters of interpretation. However, there is a new ANSI Z358.1-1998 standard that goes into much more detail and would require some facilities to make a significant capital expenditure to comply. (Ron George Comment: The 1998 standard required tepid water to be delivered from emergency fixtures, therefore, a mixing valve would be required and cold water only would not be compliant in areas where the cold water temperature was not in the tepid water temperature range of 60 F-100 F.)

Question: Which ANSI standard does OSHA enforce?

Answer: ANSI standards become mandatory OSHA standards only when, and if, they are adopted by OSHA; ANSI Z358.1 was not adopted by OSHA. In comparison with the OSHA standard at 29 CFR 1910.151(c), however, ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment. OSHA, therefore, has often referred employers to ANSI Z358.1 as a recognized source of guidance for protecting employees who are exposed to injurious corrosive materials.

OSHA would also take the ANSI standard into consideration when evaluating the adequacy of the protection provided by an employer. OSHA recognizes that there are differences between the 1990 and 1998 versions of ANSI Z358.1, [Ron George’s comment: Requirements for tepid water temperature for the flushing fluid] and is planning to develop a compliance directive addressing this issue to ensure uniform and consistent enforcement of 29 CFR 1910.151(c). In the meantime, employers should assess the specific conditions in the workplace and determine whether compliance with the 1998 version of the ANSI Z358.1 will provide protection for employees that compliance with the 1990 version would not.

Thank you for your interest in occupational safety and health,

Assistant Secretary

Dear Mr. [Name withheld]:

Thank you for your Oct. 2, 2001 letter to the OSHA’s Directorate of Compliance Programs. You requested clarification of OSHA standard 29 CFR 1910.151, Medical Services and First Aid. This letter constitutes OSHA’s interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your questions have been restated below for clarity:

Question 1: Will OSHA cite a facility for not following the recommendations as stated in ANSI standard Z358.1-1990? Specifically, will an OSHA inspector cite a facility for not supplying tempered [tepid] water to an emergency eyewash and shower?

Reply: Paragraph (c) of 29 CFR 1910.151 requires the employer to provide suitable facilities for quick drenching or flushing of the eyes and body when employees may be exposed to injurious corrosive materials. ANSI standards become mandatory OSHA standards only when, and if, they are adopted by OSHA; ANSI Z358.1 was not adopted by OSHA. In comparison with the OSHA standard at 29 CFR 1910.151(c), however, ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment. OSHA, therefore, has often referred employers to ANSI Z358.1 as a source of guidance for protecting employees who may be exposed to injurious corrosive materials.

As you may know, 29 CFR 1910.151(c) does not provide specific instruction regarding the installation and operation of emergency eyewash and shower equipment. Therefore, it is the employer’s responsibility to assess the particular conditions related to the eyewash/shower unit, such as water temperature, to ensure that the eyewash/shower unit provides suitable protection against caustic chemicals/materials to which employees may be exposed.

Question 2: Would the citation (in the situation described above) be written under 29 CFR 1910.151 or under the General Duty Clause, Section 5(a)(1)?

Reply: Since OSHA has a standard related to drenching/flushing facilities, any citation for the failure to provide suitable drenching/flushing facilities must be issued pursuant to 29 CFR 1910.151(c).

Question 3: While reading product literature on emergency shower units, it stated that 30 gpm was fairly standard among drench showers; are there specific requirements for the rate of flow for an emergency eyewash or shower unit?

Reply: OSHA has adopted no specific requirements regarding flow rates for drenching/flushing facilities. ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment, including the requirements for flow rate. Section 4.1 of ANSI Z358.1 specifies that emergency shower heads shall be capable of delivering a minimum of 75.7 liters per minute (20 gpm) of flushing fluid at a velocity low enough to be non-injurious to the user. A sufficient volume of flushing fluid shall be available to supply the flow rate for a minimum 15-minute period.

Question 4: If OSHA is using the ANSI standard Z358.1-1990 for the basis of the OSHA standard 1910.151, doesn’t OSHA need to make the ANSI standard available to the general public and/or industry? Where can I obtain a copy of the ANSI standard Z358.1-1990?

Reply: You may obtain copies of ANSI standards by contacting ANSI at:

American National Standards Institute, Inc.

11 West 42nd Street

New York, New York 10036

Phone: (212) 642-4900

Thank you for your interest in occupational safety and health. We hope you find this information helpful.

Sincerely,

Director

Directorate of Compliance Programs

Dear Ms. [Name withheld]:

Thank you for your letter to OSHA. You requested further explanation of our March 28, 2002 letter, which provided an interpretation of 29 CFR 1910.151, Medical Services and First Aid. Your questions have been restated below for clarity.

Question 1: Which ANSI standard does OSHA enforce, ANSI Z358.1-1990 or ANSI Z358.1-1998?

Reply: ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment. Therefore, OSHA has often referred employers to ANSI Z358.1 as a recognized source of guidance for protecting employees who are exposed to injurious corrosive materials.

ANSI standards become mandatory OSHA standards only if, and when, OSHA adopts them. Since OSHA has adopted neither the 1990 nor 1998 version of ANSI Z358.1 standard, OSHA does not enforce either standard.

Question 2: Is OSHA informing its compliance staff to not issue a citation when an employer’s eyewash and shower are no longer “suitable,” i.e., in conformance with ANSI Z358.1-1998? If so, what is the rationale, since the eyewash or shower would no longer be “suitable” according to industry standards?

Reply: OSHA is not telling its compliance staff to refrain from issuing a citation when an employer’s eyewash and shower are unsuitable. If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c) would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment, which would be the 1998 version of ANSI Z358.1, as well as other recognized medical, technical and industrial hygiene sources.

Question 3: Will OSHA still use the general duty clause to cite consensus standards?

Reply: In situations where OSHA has not adopted a specific safety and health standard, Section 5(a)(1), the general duty clause of the Occupational Safety and Health Act of 1970 (OSH Act) may be applicable. Section 5(a)(1) states, “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.”

A consensus standard may serve as evidence of industry recognition of a hazard. However, with respect to eyewash and shower facilities, OSHA would issue a citation under 29 CFR 1910.151(c), if the agency concluded that the facilities were unsuitable in a particular situation. OSHA does not issue a citation pursuant to the general duty clause where an existing standard addresses the relevant hazard.

Question 4: Is OSHA saying that an unsuitable eyewash and shower would not be cited as serious?

Reply: If an eyewash or shower is considered to be unsuitable, a serious citation could be issued. The classification of the violation would have to be made on a case-by-case basis. If the agency concluded that the failure to provide suitable eyewash or shower facilities presented a substantial probability that death or serious harm could result should an employee be exposed to a corrosive material in the workplace, and the Agency concluded that the employer “knew” of the unsuitable facilities, the agency would issue a “serious” violation under Section 17(k) of the OSH Act.

Thank you for your interest in occupational safety and health,

Assistant Secretary

Dear Ms. [Name withheld]:

Thank you for your June 30, 2006, letter to OSHA’s Atlanta Regional Office … You had questions regarding OSHA’s Medical Services and First Aid standard, 29 CFR 1910.151, and the requirements for emergency drenching and flushing facilities. Your scenario, paraphrased questions, and our responses follow.

Scenario: We are a manufacturer and transporter of corrosive materials, specifically 10.5 percent and 12.5 percent sodium hypochlorite. Our employees will transport and unload bulk sodium hypochlorite into above-ground storage tanks, either owned or leased by the customer. The customer then dispenses the bulk product into 2.5-gallon jugs for sale to retail customers.

Question 1: We, as a company, have recommended to our customers that they comply with the requirements of ANSI Z358.1-2004, American National Standard for Emergency Eyewash and Shower Equipment. If a customer does so and the equipment is provided within the work area for immediate use by our own employees, have we made a reasonable effort to comply with 29 CFR 1910.151(c)?

Response: Paragraph (c) of 29 CFR 1910.151 requires that suitable facilities for quick drenching or flushing be provided within the work area for immediate use if an employee’s eyes or body may be exposed to corrosive materials. The OSHA standard does not set specifications for emergency eyewash and shower equipment, but we agree that equipment that complies with ANSI requirements would usually meet the intent of the OSHA standard.

It should also be noted that, in addition to the requirement for emergency flushing and drenching facilities, there are also requirements for personal protective equipment (PPE) when employees are exposed to the hazards which corrosive chemicals present. PPE requirements are found in Subpart I, Personal Protective Equipment, of 29 CFR §1910 and may include, but are not limited to, protection for the eyes, face, and hands, as well as protective clothing. The purpose of PPE is to prevent injury, whereas the purpose of the eye wash or shower is to minimize injury, should that first line of defense fail.

Question 2: Deliveries often occur at night or when the retail location is closed. When our driver arrives at the facility under these circumstances, he or she must use a key to enter the facility and the unloading area. The quick drenching facilities are located in the unloading area. Does the necessity of a key violate the accessibility requirement of the ANSI standard?

Response: Although OSHA often refers employers to ANSI Z358.1-2004 for guidance in the installation and operation of quick drenching and flushing equipment, OSHA does not interpret ANSI standards; OSHA may only provide interpretations of its own regulations. OSHA has its own requirements for the location and accessibility of quick drenching or flushing facilities. 29 CFR 1910.151(c) states that “[w]here the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.” While the need to use a key to unlock a door to reach the quick drenching or flushing facilities would ordinarily pose a problem, it appears that in your case your employee would already be inside the unloading area where the quick drenching facilities are located and where presumably any exposure to the injurious corrosive materials would occur.

Question 3: Who is responsible for providing the quick drenching and flushing facilities?

Response: Every employer with employees exposed to the corrosive chemicals is responsible for the safety and health of their employees. A delivery company may comply with the requirement to provide quick drenching and flushing facilities in a number of ways. The delivery company may elect to provide self-contained, portable equipment on the delivery vehicle. A possibly more convenient option for compliance would be to use the facilities provided by the retail employer for the retail employees. We envision that, in the majority of cases, the retail employer will have employees similarly exposed to the corrosive chemicals and thus would be required to provide quick drenching and flushing facilities for their employees.

The delivery and retail employers coordinate other elements of their business relationship, such as delivery time, location, and quantity; the coordination of safety and health responsibilities can and should be included in this process. If the retail employer does not provide these facilities or if facilities are provided but are not appropriately selected and located for immediate emergency use by the delivery employees, then the delivery employer would still be required to provide suitable quick drenching and flushing facilities for its employees.

The delivery employer needs to evaluate the work process, assessing factors such as configuration of the work area, the corrosivity of the materials and the potential created by the work process for the corrosive chemical to come into contact with the employee. The delivery employer would then train employees as to the hazards presented, select and require appropriate PPE, and provide suitable quick drenching and flushing facilities for immediate use by their employees.

Question 4: Are small businesses (e.g., retail stores) subject to 29 CFR 1910.151(c), if they handle corrosive liquid materials?

Response: Yes. All employers, regardless of size, that have employees whose eyes or body may be exposed to injurious corrosive materials must provide quick drenching and flushing facilities.

Question 5: Is there a quantity of corrosive chemical that triggers the requirements of 29 CFR 1910.151(c)?

Response: No, there is no threshold quantity of corrosive material that triggers the requirement. The determining factor for the application of the standard is the possible exposure of an employee to injury from contact with a corrosive material.

As you may know, a number of states administer their own occupational safety and health programs under plans approved and monitored by federal OSHA. It is possible that some of your customers are located in these state plan states. Therefore, employers in these states must comply with their own state’s occupational safety and health requirements. As a condition of plan approval, states are required to adopt and enforce occupational safety and health standards and interpretations that are at least effective as those promulgated by federal OSHA. However, some states may have different or more stringent requirements. Information about contacting the state plans can be found on OSHA’s website at http://www.osha.gov/.

Thank you for your interest in occupational safety and health,

Director

Directorate of Enforcement Programs

Dear Mr. [Name withheld],

Thank you for your April 21, 2009 letter to OSHA ... You had specific questions regarding eyewash and shower facilities required by 29 CFR 1910.151(c). Your paraphrased scenarios, questions, and our responses are below.

Scenario: You state that your company manufactures and sells many commercial cleaning products which are classified as moderate or severe eye irritants. Your company’s policy is to specify on the material safety data sheets (MSDS) to use chemical splash goggles as eye protection and to flush for at least 15 minutes as first aid.

Question 1: Is there a requirement for an emergency eyewash in the immediate work area for anything other than injurious corrosive chemicals (including chemicals which the MSDS clearly indicates that the product is a severe irritant, but not corrosive to eyes or skin) under 1910.151(c)? Are there any other federal OSHA regulations that would require provision of eye flushing facilities for use of chemicals other than corrosives?

Reply 1: No. OSHA’s current policy regarding the requirements for providing an emergency eyewash and/or safety shower is explained in its letter of interpretation … May 5, 2004 (attached) as follows:

The OSHA requirements for emergency eyewashes and showers, found at 29 CFR 1910.151(c), specify that “where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. As the standard states, an eyewash and/or safety shower would be required where an employee’s eyes or body could be exposed to injurious corrosive materials. If none of the materials used in this work area is an injurious corrosive [chemical] (as indicated by the Material Safety Data Sheet (MSDS) [Now called Safety Data Sheets (SDS’s)] for each product), then an emergency eyewash or shower would not be required pursuant to 1910.151(c).

While not having the force of a regulation under the OSH Act, the current ANSI standard addressing emergency eyewash and shower equipment (ANSI [Z]358.1-2004) provides for eyewash and shower equipment in appropriate situations when employees are exposed to hazardous materials. ANSI's definition of “hazardous material” would include caustics, as well as additional substances and compounds that have the capability of producing adverse effects on the health and safety of humans.

ANSI’s standard also provides detail with respect to the location, installation, nature and maintenance of eyewash and shower equipment. You also may wish to consult additional recognized references such as W. Morton Grant’s “Toxicology of the Eye” (Charles C Thomas Pub. Ltd., 4th edition, August 1993) when considering potential chemical exposures to the eye and the appropriateness of installing eyewash facilities to protect employees against hazards associated with particular chemicals and substances.

Scenario: You state that your company produces concentrated products that are packaged in sealed dispensing containers that are connected to a water source by the user to automatically generate the recommended use dilution. In some cases, the concentrated product, as sold, is corrosive to the eyes or skin, but the use dilution that is generated is no more than an irritant.

Question 2: Is an eyewash and/or shower facilities required in areas where sealed dispensing products are handled since there is no exposure to the corrosive material under anticipated conditions of handling and use?

Reply 2: Yes. In dealing with corrosive products that are packaged in sealed dispensing containers, OSHA’s current policy is explained in its letter of interpretation … April 14, 2008 (attached) as follows:

... the employer must determine if employees can or will be exposed during the course of their duties to hazardous materials in such a way that the protections of an eyewash or emergency shower would be necessary. If hazardous materials are present at a worksite in such a way that exposure could not occur (for example, in sealed containers that will not be opened, or caustic materials in building piping), then an eyewash or emergency shower would not be necessary. However, if the building piping containing caustic materials has, at certain locations, a spigot or tap from which the contents are to be sampled or withdrawn and employees are expected to perform such tasks, then, certainly, an eyewash and/or emergency shower would be needed where this task is to occur.

Sincerely,

Director

Directorate of Enforcement Programs