[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15845]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0010]
Beryllium Standards for General Industry; Extension for the
Office of Management and Budget's (OMB) Approval of the Information
Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits comments concerning the proposal to extend the
Office of Management and Budget's (OMB) approval of the information
collection requirements contained in the Beryllium Standards for
DATES: Comments must be submitted (postmarked, sent, or received) by
September 24, 2021.
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
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 OSHA
docket number (OSHA-2019-0010) for the Information Collection Request
(ICR). All comments, including any personal information you provide
such as social security numbers and date 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.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202)
The Department of Labor, as part of a 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, 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
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657).
This ICR is based on the 2017 final rule for Beryllium which
includes general industry, construction, and maritime. Subsequently,
the agency has proposed revisions to the beryllium standards. OSHA
proposed revisions to the beryllium general industry standard in
December 2018 (83 FR 63746) titled ``Occupational Exposure to Beryllium
in General Industry,'' and to the beryllium construction and shipyard
standards in October 2019 (84 FR 53902) titled ``Occupational Exposure
to Beryllium in Construction and Shipyard Sectors.'' The agency is
planning to finalize the beryllium standards in two separate
rulemakings in the coming months. The modification and update of these
beryllium standards will clarify the provisions contained in the 2017
general industry standard and will better tailor the construction and
shipyard standards to address the particular operations in these
sectors involving exposure to beryllium. These two beryllium final
rules contain information collection requirements that will have an
impact on this ICR when they are published.
The information collection requirements specified by the beryllium
standards for general industry helps protect workers from harmful
elements when exposed to permissible exposure limits of beryllium and
beryllium compounds in the workplace. The information collection
requirements in the 2017 Standards involve the following elements of
Paragraph (d)(2) contains the performance options where the
employer must assess the 8-hour TWA exposure and the 15-minute short-
term exposure for each employee on the basis of any combination of air
monitoring data and objective data sufficient to accurately
characterize airborne exposure to beryllium. Employers do not have to
conduct initial exposure monitoring if they rely on objective data that
would satisfy the exposure assessment requirements contained in this
standard. Paragraph (d)(3) says the employer must perform initial
monitoring to assess the 8-hour TWA exposure for each employee on the
basis of one or more personal breathing zone air samples that reflect
the airborne exposure of employees on each shift, for each job
classification, and in each work area and the employer is required to
do periodic monitoring when the most recent exposure monitoring
indicates that airborne exposure is at or above the action level but at
or below the TWA PEL, the employer must repeat such monitoring within
six months of the most recent monitoring. Paragraph (d)(4) requires the
employer to reassess airborne exposure whenever a change in the
production, process, control equipment, personnel, or work practices
may reasonably be expected to result in new or additional airborne
exposure at or above the action level or STEL, or when the employer has
any reason to believe that new or additional airborne exposure at or
above the action level or STEL has occurred.
In paragraph (f)(1)(i) the employer is required to establish,
implement, and maintain a written exposure control plan and what
information and procedures are included in the plan. Paragraph
(f)(1)(ii) requires the employer to review and evaluate the
effectiveness of each written exposure control plan at least annually
and update it, as necessary. Also, in paragraph (f)(1)(iii) the
employer must make a copy of the written exposure control plan
accessible to each employee who is, or can reasonably be expected to
be, exposed to airborne beryllium in accordance with OSHA's Access to
Employee Exposure and Medical Records (Records Access) standard (29 CFR
Paragraph (g)(2) requires the employer to provide respiratory
protection for the selection and use of respirators, medical
evaluations of employees required to use respirators, respirator fit
testing procedures for tight-fitting respirators and procedures for
proper use of respirators in routine and reasonably foreseeable
Paragraph (h)(3)(iii) requires the employer to inform in writing
the persons or the business entities who launder, clean, or repair the
personal protective clothing or equipment required by this standard of
the potentially harmful effects of airborne exposure to and dermal
contact with beryllium and that the personal protective clothing and
equipment must be handled in accordance with this standard. This
provision is intended to reduce exposure to beryllium for employees
handling beryllium-contaminated materials by providing employers and
employees handling these materials the information necessary to protect
employees from beryllium exposure.
Under paragraph (k)(1) the employer is required to make medical
surveillance available at no cost to the employee, and at a reasonable
time and place, to each employee who: (A) Is reasonably expected to be
exposed at or above the action level for more than 30 days per year;
(B) shows signs or symptoms of chronic beryllium disease (CBD) or other
beryllium-related health effects; (C) is exposed to beryllium during an
emergency; or (D) most recent written medical opinion required by
paragraph (k)(6) or (k)(7) recommends periodic medical surveillance.
In paragraph (k)(5) of medical surveillance, the employer is
required to ensure that the employee receives a written medical report
from the licensed physician within 45 days of the examination
(including any follow-up beryllium lymphocyte proliferation test
(BeLPT) required under paragraph (k)(3)(ii)(E) of this standard) and
that the physician or other licensed health care professional (PLHCP)
explains the results of the examination to the employee. The
requirement for a written medical report ensures that the employee
receives a record of all findings. In paragraph (k)(6) of medical
surveillance the employer is required to obtain a written medical
opinion from the licensed physician within 45 days of the medical
examination and what must be contained in the written medical opinion.
Under paragraph (k)(7) of medical surveillance, when being referred to
the CBD Diagnostic Center, the employer is required to provide an
evaluation at no cost to the employee at a CBD diagnostic center that
is mutually agreed upon by the employer and the employee. The
examination must be provided within 30 days of: (A) The employer's
receipt of a physician's written medical opinion to the employer that
recommends referral to a CBD diagnostic center; or (B) the employee
presenting to the employer a physician's written medical report
indicating that the employee has been confirmed positive or diagnosed
with CBD, or recommending referral to a CBD diagnostic center. The
employer must ensure that the employee receives all written medical
reports from the CBD diagnostic center that contains all the
information required in paragraph (k)(5)(i), (ii), (iv), and (v) and
that the PLHCP explains the results of the examination to the employee
within 30 days of the examination. Also, the employer is require to
obtain a written medical opinion from the CBD diagnostic center within
30 days of the medical examination and ensure that each employee
receives a copy of the written medical opinion from the CBD diagnostic
center within 30 days of any medical examination performed for that
In paragraph (m)(2) the employer is required to post warning signs
at each approach to a regulated area. Paragraph (m)(3) requires the
employer to label each bag and container of clothing,
equipment, and materials contaminated with beryllium.
In paragraph (m)(4)(iv) the employer is required to make a copy of
this standard and its appendices readily available at no cost to each
employee and designated employee representative(s).
Under paragraph (n) recordkeeping, the employer is required to make
and maintain records for the air monitoring data, objective data,
medical surveillance, and training. Access to these records must be
made available upon request for examination and copying to the
Assistant Secretary, the Director, each employee, and each employee's
designated representative(s) in accordance the Records Access standard
(29 CFR 1910.1020).
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 a program change decrease from 194,261 hours to
82,822 hours, a difference of 111,439 hours in the burden. This is a
revision to the currently approved Beryllium Information Collections
for the general industry (29 CFR part 1910.1024) by removing those
collection of information requirements contained in the construction
and shipyard sectors from this ICR. OSHA is proposing that the burden
hours and cost for maintenance and material remain the same. 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: Beryllium Standards for General Industry (29 CFR part
OMB Number: 1218-0267.
Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
Number of Respondents: 4,538.
Frequency of Response: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 82,822.
Estimated Cost (Operation and Maintenance): $18,741,540.
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 for the ICR (Docket No. OSHA-2019-0010). 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
date 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 at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, Acting 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 19, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-15845 Filed 7-23-21; 8:45 am]
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