[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Pages 17408-17410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06796]



Occupational Safety and Health Administration

[Docket No. OSHA-2011-0196]

The Vinyl Chloride Standard; 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 specified in the Vinyl Chloride 

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 1, 2021.

    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2011-0196). 
OSHA will place comments and requests to speak, including personal 
information, in the public docket, which may be available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as Social Security numbers and birthdates. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
telephone (202) 693-2222.


I. Background

    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 collection of 
information in accordance with the Paperwork Reduction Act (PRA) (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 (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 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 specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Vinyl Chloride (VC) Standard.

(A) Exposure Monitoring (Sec.  1910.1017(d)) and (Sec.  1910.1017(n))

    Paragraph 1910.1017(d)(2) requires employers to conduct exposure 
monitoring at least quarterly if the results show that worker exposures 
are above the permissible exposure limit (PEL), while those exposed at 
or above the Action Level (AL) must be monitored no less than 
semiannually. Paragraph (d)(3) requires that employers perform 
additional monitoring whenever there has been a change in VC 
production, process, or control that may result in an increase in the 
release of VC.

(B) Written Compliance Plan (Sec. Sec.  1910.1017(f)(2) and (f)(3))

    Paragraph (f)(2) requires employers whose engineering and work 
practice controls cannot sufficiently reduce worker VC exposures to a 
level at or below the PEL to develop and implement a plan for doing so.

Paragraph (f)(3) requires employers to develop this written plan and 
provide it upon request to OSHA for examination and copying. These 
plans must be updated annually.

(C) Respirator Program (Sec.  1910.1017(g)(2))

    When respirators are required, the employer must establish a 
respiratory protection program in accordance with Sec.  1910.134, 
paragraphs (b) through (d) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) 
and (2)) and (f) through (m). Paragraph 1910.134(c) requires the 
employer to develop and implement a written respiratory protection 
program with worksite-specific procedures and elements for required 
respirator use. The purpose of these requirements is to ensure that 
employers establish a standardized procedure for selecting, using, and 
maintaining respirators for each workplace where respirators will be 
used. Developing written procedures ensures that employers develop a 
respirator program that meets the needs of their workers.

(D) Emergency Plan (Sec.  1910.1017(i))

    Employers must develop a written operational plan for dealing with 
emergencies; the plan must address the storage, handling, and use of VC 
as a liquid or compressed gas. In the event of an emergency, 
appropriate elements of the plan must be implemented. Emergency plans 
must maximize workers' personal protection and minimize the hazards of 
an emergency.

(E) Medical Surveillance (Sec.  1910.1017(k))

    Paragraph (k) requires employers to develop a medical surveillance 
program for workers exposed to VC in excess of the action level. 
Examinations must be provided in accordance with this paragraph at 
least annually. Employers must also obtain, and provide to each worker, 
a copy of a physician's statement regarding the worker's suitability 
for continued exposure to VC, including use of protective equipment and 
respirators, if appropriate.

(F) Communication of VC Hazards (Sec.  1910.1017(l))

    Under paragraph 1910.1017(l)(1), Hazard Communication, the employer 
shall ensure that at least the following hazards are addressed: Cancer; 
central nervous system effects; liver effects; blood effects; and 
flammability. Under paragraph 1910.1017(l)(1)(iii), the employer shall 
include vinyl chloride and polyvinyl chloride (PVC) in the program 
established to comply with the Hazard Communication Standard (HCS) 
(Sec.  1910.1200). The employer shall ensure that each employee has 
access to labels on containers of chemicals and substances associated 
with vinyl and polyvinyl chloride and to safety data sheets, and is 
trained in accordance with the provisions of HCS and paragraph (j) of 
this section.

(G) Recordkeeping (Sec.  1910.1017(m))

    Employers must maintain worker exposure and medical records. 
Medical and monitoring records are maintained principally for worker 
access, but are designed to provide valuable information to both 
workers and employers. The medical and monitoring records required by 
this standard will aid workers and their physicians in determining 
whether or not treatment or other interventions are needed for VC 
exposure. The information also will enable employers to ensure that 
workers are not being overexposed; such information may alert the 
employer that steps must be taken to reduce VC exposures.
    Exposure records must be maintained for at least 30 years, and 
medical records must be kept for the duration of employment plus 20 
years, or for a total of 30 years, whichever is longer. Records must be 
kept for extended periods because of the long latency period associated 
with VC-related carcinogenesis (i.e., cancer). Cancer often cannot be 
detected until 20 or more years after the first exposure to VC.

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 that OMB extend the approval of the information 
collection requirements contained in the Vinyl Chloride Standard. The 
agency is requesting an adjustment decrease in the number of burden 
hours from 604 to 602, a total reduction of 2 burden hours. The 
decrease is a result of the agencies new method of rounding burden 
hours. There is also a decrease in capital costs from $51,358 to 
$32,450, a total decrease of $18,908. The decrease is primarily due to 
updated costs for exposure monitoring samples and medical examinations.
    Type of Review: Extension of a currently approved collection.
    Title: Vinyl Chloride Standard (29 CFR part 1910.1017).
    OMB Control Number: 1218-0010.
    Affected Public: Business or other for-profits.
    Number of Respondents: 28.
    Frequency of Responses: On occasion.
    Total Responses: 881.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 602.
    Estimated Cost (Operation and Maintenance): $32,450.

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. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number (Docket No. OSHA-2011-0196) 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 your electronic comments 
by your name, date, and the docket number so the agency can attach them 
to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 at (202) 693-2350, (TTY (877) 889-5627) for 
information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, 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 March 25, 2021.
James S. Frederick,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2021-06796 Filed 4-1-21; 8:45 am]