[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02179]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0043]
Access to Employee Exposure and Medical Records; 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.
SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Access to Employee
Exposure and Medical Records Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
April 6, 2020.
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 a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2009-0043,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10 a.m.
to 3 p.m., ET.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2009-0043) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security numbers and dates of birth, 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 above address. 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 website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone (202) 693-2222.
The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process 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) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (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 (see 29 U.S.C. 657). The OSH Act also requires OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (29 U.S.C. 657).
Under the authority granted by the OSH Act, OSHA published a health
regulation governing access to employee exposure monitoring data and
medical records. This regulation does not require employers to collect
any information or to establish any new systems of records. Rather, it
requires that employers provide workers, their designated
representatives, and OSHA with access to employee exposure monitoring
and medical records, and any analyses resulting from these records that
employers must maintain under OSHA's toxic chemical and harmful
physical agent standards. In this regard, the regulation specifies
requirements for record access, record retention, worker information,
trade secret management, and record transfer. Accordingly, the agency
attributes the burden hours and costs associated with exposure
monitoring and measurement, medical surveillance, and the other
activities required to generate the data governed by the regulation to
the standards that specify these activities; therefore, OSHA did not
include these burden hours and costs in this ICR.
Access to exposure and medical information enables employees and
their designated representatives to become directly involved in
identifying and controlling occupational health hazards, as well as
managing and preventing occupationally-related health impairment and
disease. Providing the agency with access to the records permits the
agency to ascertain whether or not employers are complying with the
regulation, as well as with the recordkeeping requirements of OSHA's
other health standards; therefore, OSHA access provides additional
assurance that workers and their designated representatives are able to
obtain the data they need to conduct their analyses.
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
The agency is requesting a burden hour adjustment increase of
38,254 burden hours from 717,221 to 755,475 hours. This is the result
of an adjustment of the number of establishments used in this analysis
based on updated data. The total estimated number of establishments
affected by the regulation increased from 739,432 to 766,684, a total
adjustment increase of 27,252 establishments.
Type of Review: Extension of a currently approved collection.
Title: Access to Employee Exposure and Medical Records (29 CFR
OMB Control Number: 1218-0065.
Affected Public: Business or other for-profits.
Number of Respondents: 766,684.
Frequency: Initially; Annually; On occasion.
Average Time per Response: Various.
Estimated Number of Responses: 6,688,963.
Estimated Total Burden Hours: 755,475.
Estimated Cost (Operation and Maintenance): $0.
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 (Docket No. OSHA-2009-0043) for the ICR. 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 electronic comments by
your name, date, and the docket number so that 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
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.
V. Authority and Signature
Loren Sweatt, Principal Deputy 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 January 30, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-02179 Filed 2-4-20; 8:45 am]
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