[Federal Register: August 31, 2009 (Volume 74, Number 167)][Notices] [Page 44876-44878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0014]
Hazard Communication Standard; 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 comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Hazard Communication Standard (29 CFR 1910.1200; 1915.1200; 1917.28;
1918.90; 1926.59; and 1928.21).
DATES: Comments must be submitted (postmarked, sent, or received) by
October 30, 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-2009-0014,
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-
0014). 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 Hill at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Jamaa 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)
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 in the Hazard Communication
Standard ("the Standard") ensure that the hazards of chemicals
produced or imported are evaluated, and that information concerning
these hazards is transmitted to downstream employers and their workers.
The Standard requires chemical manufacturers and importers to evaluate
chemicals they produce or import to determine if they are hazardous;
for those chemicals determined to be hazardous, they must develop
material safety data sheets and warning labels. Employers are required
to establish hazard communication programs to transmit information on
the hazards of chemicals to their workers by means of labels on
containers, material safety data sheets, and training programs.
Implementation of these collection of information requirements will
ensure that workers understand the hazards and identities of the
chemicals to which they are exposed, thereby reducing the incidence of
chemically-related occupational illnesses and injuries.
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 proposes to extend the Office of Management and Budget's (OMB)
approval of the collection of information (paperwork) requirements
necessitated by the Hazard Communication Standard (29 CFR 1910.1200;
1915.1200; 1917.28; 1918.90; 1926.59; and 1928.21). The Agency is
requesting a 625,089 burden hour decrease (from 11,000,793 to
10,375,704). In the current ICR, the Agency overestimated the number of
"existing" establishments by using the number of "affected"
establishments (both "new" and "existing" establishments) rather
than just the number of "existing" establishments. "New"
establishments have separate burden hours already included in this
paperwork package. To correct this overestimation, the Agency
subtracted the number of "new" establishments from the number of
"affected" establishments, which results in the number of
The Agency 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 collection of information requirements
contained in the Standard.
Type of Review: Extension of a currently approved collection.
Title: The Hazard Communication Standard (29 CFR 1910.1200;
1915.1200; 1917.28; 1918.90; 1926.59; and 1928.21).
OMB Number: 1218-0072.
Affected Public: Business or other for-profits.
Number of Respondents: 2,880,308.
Frequency of Response: On occasion.
Average Time Per Response: Varies from 12 seconds for
establishments to label an in-plant container to 8 hours for
manufacturers or importers to conduct a hazard determination.
Estimated Total Burden Hours: 10,375,704.
Estimated Cost (Operation and Maintenance): $1,750,460.
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 (Docket No. OSHA-2009-0014). 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 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
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 August 2009.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-20908 Filed 8-28-09; 8:45 am]
BILLING CODE 4510-26-P