[Federal Register: October 29, 2009 (Volume 74, Number 208)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0036]
The Standard on 4,4'-Methylenedianiline in 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 comment.
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 4,4'-
Methylenedianiline in Construction (29 CFR 1926.60).
DATES: Comments must be submitted (postmarked, sent, or received) by
December 28, 2009.
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
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, Docket No. OSHA-2009-0036,
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-2009-
0036). 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: Jamaa N. Hill or Todd Owen,
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 (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 information collection requirements specified in the 4,4'-
Methylenedianiline Standard for Construction (the "MDA Standard") (29
CFR 1926.60) protect workers from the adverse health effects that may
result from their exposure to MDA, including cancer, liver and skin
disease. The major paperwork requirements specify that employers must
perform initial, periodic, and additional exposure monitoring; notify
each worker in writing of their results as soon as possible but no
later than 5 days after receiving exposure monitoring results; and
routinely inspect the hands, face, and forearms of each worker
potentially exposed to MDA for signs of dermal exposure to MDA.
Employers must also: establish a written compliance program; institute
a respiratory protection program in accordance with 29 CFR 1910.134
(OSHA's Respiratory Protection Standard); and develop a written
emergency plan for any construction operation that could have an
emergency (i.e., an unexpected and potentially hazardous release of
Employers must label any material or products containing MDA,
including containers used to store MDA-contaminated protective clothing
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA,
while personnel who launder or clean MDA-contaminated protective
clothing or equipment must receive information about the potentially
harmful effects of MDA. In addition, employers are to post warning
signs at entrances or accessways to regulated areas, as well as train
workers exposed to MDA at the time of their initial assignment, and at
least annually thereafter.
Other paperwork provisions of the MDA Standard require employers to
provide workers with medical examinations, including initial, periodic,
emergency and follow-up examinations. As part of the medical
surveillance program, employers must ensure that the examining
physician receives specific written information, and that they obtain
from the physician a written opinion regarding the worker's medical
results and exposure limitations.
The MDA Standard also specifies that employers are to establish and
maintain exposure monitoring and medical surveillance records for each
worker who is subject to these respective requirements, make any
required record available to OSHA compliance officers and the National
Institute for Occupational Safety and Health (NIOSH) for examination
and copying, and provide exposure monitoring and medical surveillance
records to workers and their designated representatives. Finally,
employers who cease to do business within the period specified for
retaining exposure monitoring and medical surveillance records, and who
have no successor employer, must notify NIOSH at least 90 days before
disposing of the records and transmit the records to NIOSH if so
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 collection
of information requirements contained in the Standard on 4,4'-
Methylenedianiline in Construction (29 CFR 1926.60). The Agency is
requesting an adjustment to the burden hours from 1,607 to 1,030 hours
(a decrease of 577 hours). The reduction in burden hours is primarily
the result of decreasing the number of establishments from 66 to 33 and
the number of job sites from 660 to 330.
OSHA will summarize the comments submitted in response to this
notice, and will include this summary in its request to OMB to extend
the approval of the information collection requirements contained in
the Standard on 4,4'-Methylenedianiline in Construction (29 CFR
Type of Review: Extension of a currently approved collection.
Title: 4,4'-Methylenedianiline in Construction (29 CFR 1926.60).
OMB Number: 1218-0183.
Affected Public: Business or other for-profits; not-for-profit
institutions; Federal Government; State, Local, or Tribal Governments.
Total Respondents: 2,639.
Frequency: On occasion.
Estimated Time per Response: Varies from 5 minutes (.08 hour) for
employers to provide information to the physician to 2 hours for
Total Burden Hours: 1,030.
Estimated Cost (Operation and Maintenance): $62,850.
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
e-Rulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and OSHA docket number for the ICR (Docket No. OSHA-2009-0036). 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.gov index, some information (e.g., copyrighted
material) is not publically 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 through 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
Jordan Barab, Acting 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
Signed at Washington, DC, this 26th day of October 2009.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-26077 Filed 10-28-09; 8:45 am]
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