Billing Code 4510-26-M

Department of Labor Occupational Safety and Health Administration

29 CFR Part 1910

Occupational Exposure to Bloodborne Pathogens; Approval of Information Collection Requirements

AGENCY: Occupational Safety and Health Administration; Labor

ACTION: Final Rule; Approval of Information Collection Requirements

SUMMARY: On December 6, 1991, OSHA published a final standard governing occupational exposure to bloodborne pathogens (56 FR 64004). The standard is designed to eliminate or minimize occupational exposure to Hepatitis B Virus (HBV), Human Immunodeficiency Virus (HIV) and other bloodborne pathogens. At that time OSHA submitted the information collection requirements to the Office of Management and Budget (OMB) for review under section 3504(h) of the Paperwork Reduction Act (PRA) of 1980. Public reporting burden for this collection of information was estimated to average five minutes per employer response to an OSHA compliance officer's request for access to the employer's records.

OMB reviewed the collection of information requirements for occupational exposure to bloodborne pathogens in accordance with the PRA, 44 U.S.C. 3501 et seq., and 5 CFR Part 1320. OMB approved all information requirements contained in 29 CFR 1910.1030 under OMB clearance number 1218-0180. The OMB clearance expires on February 28, 1995. This notice will also amend the December 6, 1991 Federal Register document to properly display the OMB control number.

DATE: OMB's approval of information requirements becomes effective March 6, 1992.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, 200 Constitution Ave., N.W., Room N3637, Washington, D.C. 20210; Telephone (202) 523-8151.

SUPPLEMENTARY INFORMATION: The PRA provisions on information collection are triggered when an OSHA compliance officer asks an employer to produce certain records and, in some circumstances, when an employer goes out of business. The Occupational Exposure to Bloodborne Pathogens standard requires that OSHA have access to the employer's Exposure Control Plan (1910.1030(c)(1)(v)), as well as the employer's training and medical records (1910.1030(h)(3)(ii) and (iii)). If an employer goes out of business and there is no successor employer to receive these records, the employer is required to notify the Director of the National Institute of Occupational Safety and Health three months prior to destroying the records and transmit the records to the Director if he or she requests them (1910.1030 (h)(4)).

On February 7, 1992, OMB approved the information Collection provisions for three years, the maximum period authorized by the Paperwork Reduction Act.

AUTHORITY AND SIGNATURE

This document was prepared under the direction of Dorothy L. Strunk, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210

This action is being taken pursuant to sections 4(b), 6(b) and 8(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Section 4 of the Administration Procedure Act, 5 U.S.C. 553(d)(3), Secretary of Labor's Order No. 1-90 (55 FR 9033) and 29 CFR part 1911.

Signed at Washington, D.C. this 7th day of April, 1992.

Dorothy L. Strunk
Acting Assistant Secretary for Occupational Safety and Health

Part 1910 of title 29 of the Code of Federal Regulations is amended as follows:

PART - 1910

In § 1910.1030, by adding a parenthetical, as follows, at the end of the regulatory text:

(Approved by the Office of Management and Budget under control number 1218-0180)