[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17027-17029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05723]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0002]
Respirable Crystalline Silica Standards for General Industry,
Shipyards, and Construction; 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 the proposal to
extend OMB approval of the information collection requirements
specified in the Respirable Crystalline Silica Standards for General
Industry, Maritime, and Construction.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 22, 2023.
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.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office.
Contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627)
for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2019-0002) for the Information Collection
Request (ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone (202) 693-2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process 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) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
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 (see 29 U.S.C. 657). The OSH Act also requires that OSHA
obtain such information with a minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of effort in obtaining
information (see 29 U.S.C. 657).
The Respirable Crystalline Silica Standards for general industry
(29 CFR 1910.1053), shipyards (29 CFR 1915.1053) and construction (29
CFR 1926.1153) contain the following information collection
requirements: conducting worker exposure assessments and notifying
workers of the assessment results and any corrective actions being
taken; establishing, implementing, reviewing, evaluating, and updating
a written exposure control plan and making the plan available to
workers and designated representatives; creating and submitting air
quality permit notifications; establishing a respiratory protection
program; providing qualitative fit-testing and maintaining records;
providing medical surveillance to workers; providing the physician or
other licensed health care provider (PLHCP), or the specialist, with
specific information; ensuring that the PLHCP, or specialist, explains
the results of the medical examination to the employee and provides
each employee with a copy of their written medical report; obtaining a
written medical opinion from the PLHCP, or specialist, and ensuring
that each employee receives a copy of the opinion; and making and
maintaining air monitoring data, objective data, and medical
surveillance records; and providing workers and designated
representatives with access to these records. The records are used by
workers, employers, and OSHA to determine the effectiveness of the
employer's compliance efforts.
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,
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
OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Respirable Crystalline Silica
Standards for General Industry, Maritime and Construction. The agency
is requesting an adjustment decrease of 4,672,138 burden hours (from
12,468,266 to 7,796,128). The requested adjustment decrease is
associated with the agency now zeroing out the burden hours of initial
exposure assessments and the initial medical examinations for existing
employees; and employers completing their written exposure assessment
and respirator programs. In addition, the burden for rule
familiarization and other one-time costs incurred within the first year
was removed. Also, the agency is requesting an adjustment decrease of
$132,079,926 for operation and maintenance costs (from $393,789,550 to
$261,709,624) to adjust for substantially decreased estimates of
initial exposure assessments and initial medical examinations.
Type of Review: Extension of a currently approved collection.
Title: Respirable Crystalline Silica Standards for General Industry
(29 CFR 1910.1053) and Shipyards (29 CFR 1915.1053) and Construction
(29 CFR 1926.1153).
OMB Control Number: 1218-0266.
Affected Public: Business or other for-profits.
Number of Respondents: 764,318.
Frequency: Biennially, Once, On occasion, Quarterly, Semi-annually,
Annually.
Average Time per Response: Various.
Estimated Number of Responses: 17,203,330.
Estimated Total Burden Hours: 7,796,128.
Estimated Cost (Operation and Maintenance): $261,709,625.
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), if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at 202-693-1648; or (3) by hard copy. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2019-0002). You may
supplement electronic submissions by uploading document files
electronically.
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
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-
5627) for information about materials not available from the website,
and for assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, Deputy 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. 8-2020
(85 FR 58393).
Signed at Washington, DC, on March 14, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05723 Filed 3-20-23; 8:45 am]
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