[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-2009-0041]
Formaldehyde Standard; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
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 the Standard on Formaldehyde (29 CFR 1910.1048). The
standard protects workers from the adverse health effects from
occupational exposure to Formaldehyde.
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 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-2009-0041,
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-
0041). 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 Todd Owen or
Jamaa Hill at the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Todd Owen or Jamaa Hill, 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 standard protects workers
from the adverse health effects from occupational exposure to
formaldehyde, including an itchy, runny, and stuffy nose; a dry or sore
throat; eye irritation, headaches, and cancer of the lung, buccal
cavity, and pharynyx. Formaldehyde solutions can damage the skin and
burn the eyes.
The Standard specifies a number of paperwork requirements. The
following is a brief description of the collection of information
requirements contained in the Formaldehyde Standard. The Formaldehyde
Standard requires employers to conduct worker exposure monitoring to
determine workers' exposure to Formaldehyde, notify workers of their
formaldehyde exposures, provide medical surveillance to workers,
provide examining physicians with specific information, ensure that
workers receive a copy of their medical examination results, maintain
workers' exposure monitoring and medical records for specific periods,
and provide access to these records by OSHA, the National Institute for
Occupational Safety and Health, the affected workers, and their
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 Formaldehyde
(29 CFR 1910.1048). The Agency is requesting an adjustment decrease of
191,541 hours (from 519,076 hours to 327,535 hours). The primary
reasons for the reduction are a decrease in the number of workers
requiring medical surveillance from 370,610 to 205,333 and a decrease
in the overall number of establishments from 112,638 to 103,511. The
establishment decrease resulted in fewer medical examinations, training
sessions, and exposure measurements.
The Agency is also requesting a cost decrease of $12,699,342 from
$55,325,688 to $42,626,346. The cost decrease is primarily the result
of reducing the number of establishments, which also resulted in a
reduction in the number of workers. Although the number of workers has
decreased, the cost of medical examinations increased from $130 to
$180. Additionally, the cost of monitoring samples has increased from
$42 to $45.
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 Formaldehyde Standard (29 CFR 1910.1048).
Type of Review: Extension of currently approved collections.
Title: Formaldehyde Standard (29 CFR 1910.1048).
OMB Number: 1218-0145.
Affected Public: Business or other for-profits.
Number of Respondents: 103,511.
Total Responses: 1,186,422.
Frequency: On occasion.
Estimated Time per Response: Varies from 5 minutes (.08 hour) for
employers (clerical/secretarial staff) to maintain records to 1 hour
for an employee to undergo a medical examination.
Total Burden Hours: 327,535.
Estimated Cost (Operation and Maintenance): $42,626,346.
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 materials must identify the Agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2009-
0041). 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
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. 2010-7582 Filed 4-2-10; 8:45 am]
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