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||Asbestos in General Industry; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0018]
Asbestos in General Industry; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in its Standard on Asbestos in General Industry (29 CFR
DATES: Comments must be submitted (postmarked, sent, or received) by
June 4, 2010.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2010-
0018, U.S. Department of Labor, Occupational Safety and Health
Administration, 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 for the Information Collection Request (ICR) (OSHA Docket
No. OSHA-2010-0018). 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 through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Jamaa N. Hill
at the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Todd Owen or Jamaa N. Hill,
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.
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 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 basic purpose of the information collection requirements in the
Standard is to document that employers in general industry are
providing their workers with protection from hazardous asbestos
exposure. Asbestos exposure results in asbestosis, an emphysema-like
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
Several provisions of the Standard specify paperwork requirements,
Implementing an exposure monitoring program that notifies workers
of their exposure monitoring results; establishing a written compliance
program; and informing laundry personnel of the requirement to prevent
release of airborne asbestos above the time-weighted average and
excursion limit. Other provisions associated with paperwork
requirements include: Maintaining records of information obtained
concerning the presence, location, and quantity of asbestos-containing
materials (ACMs) and/or presumed asbestos-containing materials (PACMs)
in a building/facility; notifying housekeeping workers of the presence
and location of ACMs and PACMs in areas they may contact during their
work; posting warning signs demarcating regulated areas; posting signs
in mechanical rooms/areas that workers may enter and that contain ACMs
and PACMs, informing them of the identity and location of these
materials and work practices that prevent disturbing the materials; and
affixing warning labels to asbestos-containing products and to
containers holding such products. Additional provisions that contain
paperwork requirements include: Developing specific information and
training programs for workers; using information, data, and analyses to
demonstrate that PACMs do not contain asbestos; providing medical
surveillance for workers potentially exposed to ACMs and/or PACMs,
including administering a worker medical questionnaire, providing
information to the examining physician, and providing the physician's
written opinion to the worker; maintaining exposure monitoring records,
objective data used for exposure determinations, and medical
surveillance; making specified records (e.g., exposure monitoring and
medical surveillance records) available to designated parties; and
transferring exposure monitoring and medical surveillance records to
the National Institute for Occupational Safety and Health (NIOSH) on
cessation of business, if so requested by NIOSH.
These paperwork requirements permit employers, workers and their
designated representatives, OSHA, and other specified parties to
determine the effectiveness of an employer's asbestos-control program.
Accordingly, the requirements ensure that workers exposed to asbestos
receive all of the protection afforded by the Standard.
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
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 Standard on Asbestos in
General Industry (29 CFR 1910.1001). The Agency is requesting to reduce
the burden hours associated with the Standard from 23,849 to 11,933 for
a total reduction of 11,916 burden hours. The primary reason for this
reduction is that the estimated number of affected
facilities covered by this Standard has been reduced.
The Agency will summarize the comments submitted in response to
this notice, and will include this summary in the request to OMB.
Type of Review: Extension of a currently approved information
Title: Asbestos in General Industry (29 CFR 1910.1001).
OMB Number: 1218-0133.
Affected Public: Business or other for-profits.
Number of Respondents: 243.
Frequency: Annually; semi-annually.
Average Time per Response: Varies from 5 minutes to maintain
records to 1.5 hours for workers to receive training or medical
Estimated Total Burden Hours: 11,933.
Estimated Cost (Operation and Maintenance): $862,347.
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 the ICR (OSHA Docket No. OSHA-2010-
0018). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or 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 the 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
date of birth. Although all submissions are listed in the http://www.regulations.govindex, 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.
Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document as well as news releases
and other relevant information also are available at OSHA's Web page at
V. Authority and Signature
David Michaels, PhD, 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. 5-2007
(72 FR 31160).
Signed at Washington, DC, on March 30, 2010.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-7586 Filed 4-2-10; 8:45 am]
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