[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06796]
DEPARTMENT OF LABOR
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
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.
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
(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
(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
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
[FR Doc. 2021-06796 Filed 4-1-21; 8:45 am]
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