[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)][Notices][Pages 34406-34408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13488]
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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
(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 its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on
Asbestos in General Industry (29 CFR 1910.1001).
DATES: Comments must be submitted (postmarked, sent, or received) by
August 6, 2013.
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
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy 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., ET
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2010-0018) for the Information Collection Request
(ICR). 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 from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney 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.
SUPPLEMENTARY INFORMATION:
I. Background
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 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 OSHA to 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 exposure to hazardous
asbestos. Asbestos exposure results in asbestosis, an emphysema-like
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
Several provisions of the Standard specify paperwork requirements,
including: 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 occupy 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 about 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: 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 records of
exposure monitoring, objective data used for exposure determinations,
and medical surveillance; and making specified records (e.g., exposure
monitoring and medical surveillance records) available to designated
parties.
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 protections 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
collected; and
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 an adjustment decrease in burden hours from
11,932 to 11,694 (a total decrease of 238 hours). The reason for this
reduction is the removal of burden hours associated with the
requirement that employers provide training to workers. Upon further
analysis, this provision is not considered to be a collection of
information under PRA-95.
Type of Review: Extension of a currently approved collection.
Title: Asbestos in General Industry (29 CFR 1910.1001).
OMB Control Number: 1218-0133.
Affected Public: Business or other for-profits.
Number of Respondents: 121.
Frequency of Response: Annually; Semi-annually.
Total Responses: 32,253.
Average Time per Response: Varies from 5 minutes to maintain
records to 1.5 hours for workers to receive medical evaluations.
Estimated Total Burden Hours: 11,694.
Estimated Cost (Operation and Maintenance): $925,026.
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-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
dates 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
David Michaels, Ph.D., 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. 1-2012
(77 FR 3912).
Signed at Washington, DC, on June 3, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-13488 Filed 6-6-13; 8:45 am]
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