[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)][Notices][Pages 76766-76768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31492]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0196]
Standard on Vinyl Chloride; Extension of the Office of Management
and Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on Vinyl
Chloride (29 CFR 1910.1017).
DATES: Comments must be submitted (postmarked, sent, or received) by
February 6, 2012.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2011-0196, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger, and courier service) are accepted
during the Department of Labor's and Docket Office's normal business
hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0196) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the "Public Participation" heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce,
to the maximum extent feasible, unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The Standard specifies a number of paperwork requirements. The
following is a brief description of the collection of information
requirements contained in the Vinyl Chloride (VC) Standard.
(A) Exposure Monitoring (Sec. 1910.1017(d) and Sec. 1910.1017(n))
Paragraph 1910.1017(d)(2) requires employers to conduct exposure
monitoring at least quarterly if the results show that worker exposures
are above the permissible exposure limit (PEL), while those exposed at
or above the action level (AL) must be monitored no less than
semiannually. Paragraph (d)(3) requires that employers perform
additional monitoring whenever there has been a change in VC
production, processes or control that may result in an increase in the
release of VC.
Paragraph 1910.1017(n) requires employers to inform each worker of
their exposure-monitoring results within 15 working days after the
employer receives these results. Employers may notify workers either
individually in writing or by posting the monitoring results in an
appropriate location that is accessible to the workers. In addition, if
the exposure-monitoring results show that a worker's exposure exceeds
the PEL, the employer must inform the exposed worker of the corrective
action the employer is taking to prevent such overexposure.
(B) Written Compliance Plan (Sec. Sec. 1910.1017(f)(2) and (f)(3))
Paragraph (f)(2) requires employers whose engineering and work
practice controls cannot sufficiently reduce worker VC exposures to a
level at or below the PEL to develop and implement a plan for doing so.
Paragraph (f)(3) requires employers to develop this written plan and
provide it upon request to OSHA for examination and copying. These
plans must be updated annually.
(C) Respiratory Program (Sec. 1910.1017(g)(2))
When respirators are required, the employer must establish a
respiratory protection program in accordance with 1910.134, paragraphs
(b) through (d) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) and (2)) and
(f) through (m). Paragraph 1910.134(c) requires the employer to develop
and implement a written respiratory protection program with worksite-
specific procedures and elements for respirator use. The purpose of
these requirements is to ensure that employers establish a standardized
procedure for selecting, using, and maintaining respirators for each
workplace where respirators will be used. Developing written procedures
ensures that employers develop a respirator program that meets the
needs of their workers.
(D) Emergency Plan (Sec. 1910.1017(i))
Employers must develop a written operational plan for dealing with
emergencies; the plan must address the storage, handling, and use of VC
as a liquid or compressed gas. In the event of an emergency,
appropriate elements of the plan must be implemented. Emergency plans
must maximize workers' personal protection and minimize the hazards of
an emergency.
(E) Medical Surveillance (Sec. 1910.1017(k))
Paragraph (k) requires employers to develop a medical surveillance
program for workers exposed to VC in excess of the Action Level.
Examinations must be provided in accordance with this paragraph at
least annually. Employers must also obtain, and provide to each worker,
a copy of a physician's statement regarding the worker's suitability
for continued exposure to VC, including use of protective equipment and
respirators, if appropriate.
(F) Communication of VC Hazards (Sec. 1910.1017(l))
Under paragraph 1910.1017(l)(2), the employer must post warning
signs outside regulated areas and areas containing hazardous
operations, or where emergency conditions exist. Posting warning signs
serves to warn workers that they are entering a hazardous area. Such
signs warn workers that entry is permitted only if they are authorized
to do so, and there is a specific need to enter the area. Warning signs
also supplement the training workers receive under this standard.
(G) Recordkeeping (Sec. 1910.1017(m))
Employers must maintain worker exposure and medical records.
Medical and monitoring records are maintained principally for worker
access, but are designed to provide valuable information to both
workers and employers. The medical and monitoring records required by
this standard will aid workers and their physicians in determining
whether or not treatment or other interventions are needed for VC
exposure. The information also will enable employers to better ensure
that workers are not being overexposed; such information may alert the
employer that steps must be taken to reduce VC exposures.
Exposure records must be maintained for at least 30 years, and
medical records must be kept for the duration of employment plus 20
years, or for a total of 30 years, whichever is longer. Records must be
kept for extended periods because of the long latency period associated
with VC-related carcinogenesis (i.e., cancer). Cancer often cannot be
detected until 20 or more years after the first exposure to VC.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions to
protect workers, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
The Agency is requesting an adjustment decrease in burden hours
from 711 to 549 hours, a 162 burden hour reduction. The reduction is a
result of fewer VC and Polyvinyl Chloride (PVC) establishments subject
to reporting requirements under this standard. There is also a decrease
in total annual cost from $48,928 to $40,888 (a decrease of $8,040).
This decrease is a result of a decrease in the estimated number of
workers to be exposed above to VC and PVC facilities is approximately
3,968, a decrease of 1,368 workers. The currently approved ICR
estimates a total of 32 establishments. This proposed ICR estimates a
total of 26 establishments. The Agency will summarize any comments
submitted in response to this notice and will include this summary in
its request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Standard on Vinyl Chloride (29 CFR 1910.1017).
OMB Number: 1218-0010.
Affected Public: Business or other for-profits.
Number of Respondents: 26.
Frequency: On occasion; annually.
Total Responses: 925.
Average Time per Response: Varies from 5 minutes (.08 hour) for
employers to maintain records to 12 hours for employers to update their
compliance plans.
Estimated Total Burden Hours: 549.
Estimated Cost (Operation and Maintenance): $40,888
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0196).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference to
an electronic or a facsimile submission, you must submit them to the OSHA
Docket Office (see the section of this notice titled ADDRESSES). The additional
materials must clearly identify your electronic comments by your name, date,
and OSHA docket number, so the Agency can attach them to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov.
Therefore, OSHA cautions commenters about submitting personal information, such as
Social Security numbers and dates of birth. Although all submissions are listed in
the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's "User
Tips" link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).
Signed at Washington, DC on December 2, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-31492 Filed 12-7-11; 8:45 am]
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