[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45025-45026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11173]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0196]
Vinyl Chloride Standard; 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 the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Vinyl Chloride
Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
July 22, 2024.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at https://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 https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the websites. 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 OSHA
docket number (OSHA-2011-0196) 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.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
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, 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 the 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) (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, 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 (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 effort in
obtaining information (29 U.S.C. 657).
The following sections describe who uses the information collected
under each requirement, as well as how they use it.
(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, process, or control that may result in an increase in the
release of VC.
(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) Respirator Program (Sec. 1910.1017(g)(2))
When respirators are required, the employer must establish a
respiratory protection program in accordance with Sec. 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 required
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)(1), Hazard Communication, the employer
shall ensure that at least the following hazards are addressed: cancer;
central nervous system effects; liver effects; blood effects; and
flammability. Under paragraph 1910.1017(l)(1)(iii), the employer shall
include vinyl chloride and polyvinyl chloride (PVC) in the program
established to comply with the Hazard Communication Standard (HCS)
(Sec. 1910.1200). The employer shall ensure that each employee has
access to labels on containers of chemicals and substances associated
with vinyl and polyvinyl chloride and to safety data sheets and is
trained in accordance with the provisions of HCS and the paragraph (j)
of this section.
(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 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Vinyl Chloride Standard. The
agency is requesting an adjustment decrease in the burden hours amount
from 602 hours to 592 hours, a difference of 10 hours.
OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
Type of Review: Extension of a currently approved collection.
Title: Vinyl Chloride Standard.
OMB Control Number: 1218-0010.
Affected Public: Business or other for-profits.
Number of Respondents: 29.
Number of Responses: 869.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 592.
Estimated Cost (Operation and Maintenance): $32,193.
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 https://www.regulations.gov, which is the Federal
eRulemaking Portal; or (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. All comments, attachments,
and other material must identify the agency name and the OSHA docket
number for the ICR (OSHA-2011-0196). You may supplement electronic
submission by uploading document files electronically.
Comments and submissions are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://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 May 15, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-11173 Filed 5-21-24; 8:45 am]
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