[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15703]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0014]
The Hazard Communication Standard; Extension of the Office of
Management and Budget's Approval of Information Collection (Paperwork)
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 specified in the Hazard
DATES: Comments must be submitted (postmarked, sent, or received) by
September 21, 2020.
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal e-
Rulemaking 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-2009-0014,
Occupational Safety and Health Administration, 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, 10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2009-0014) 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 from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney or
Seleda Perryman at (202) 693-2222 to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone: (202) 693-2222.
The Department of Labor, as part of the 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) (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 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 a minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
said information (29 U.S.C. 657).
The information collection requirements specified in the Hazard
Communication Standard (29 CFR 1910.1200, 1915.1200, 1917.28, 1918.90,
1926.59, and 1928.21) protect workers from the adverse health effects
that may result from occupational exposure to hazardous chemicals. The
major information collection requirements in the standard include:
Chemical manufacturers and importers must evaluate chemicals produced
in their workplaces or imported by them to classify the chemicals in
accordance with this section. For each chemical, the chemical
manufacturer or importer must determine the hazard classes, and, where
appropriate, the category of each class that apply to the chemical
being classified; chemical manufacturers, importers or employers
classifying chemicals shall identify and consider the full range of
available scientific literature and other evidence concerning the
potential hazards; all employers who have workers exposed to hazardous
chemicals must develop, implement and maintain a written hazard
communication program; the chemical manufacturer, importer, or
distributor must ensure that each container of hazardous chemicals
leaving the workplace is labeled, tagged, or marked; chemical
manufacturers and importers must obtain or develop a safety data sheet
for each hazardous chemical they produce or import; employers must have
a safety data sheet in the workplace for each hazardous chemical which
they use; the chemical manufacturer, importer or employer preparing the
safety data sheet must ensure that the information provided accurately
reflects the scientific evidence used in making the hazard
classification; and chemical manufacturers, importers, or employers who
withhold the specific chemical identity or the exact concentration,
must immediately disclose the chemical identity or exact concentration
where a treating physician or nurse determines that a medical emergency
exists and that information is necessary for emergency or first-aid
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 proposing a decrease in the information collection
requirements contained in the Hazard Communication Standard. The
adjustment is primarily the result of the decrease in the number of
establishments and a decrease in the number of employees. The agency is
requesting a decrease of 751,292 hours in the current burden hour total
(from 7,309,058 hours to 6,557,766 hours). The agency will summarize
the comments submitted in response to this notice and will include this
summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Hazard Communication Standard (29 CFR 1910.1200, 1915.1200,
1917.28, 1918.90, 1926.59, and 1928.21).
OMB Control Number: 1218-0072.
Affected Public: Business or other for-profits; Federal Government;
State, Local or Tribal Government.
Total Responses: 72,518,339.
Frequency: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 6,557,766.
Estimated Cost (Operation and Maintenance): $25,070,956.
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-2009-0014) 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 the agency can attach them to
Due to 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 from 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 July 6, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-15703 Filed 7-20-20; 8:45 am]
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