[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25675-25677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09370]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0031]
The 4,4'-Methylenedianiline in Construction 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.
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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 4,4'-
Methylenedianiline (MDA) in the Construction Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
July 1, 2022.
ADDRESSES:
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
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 at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2012-0031) for the Information Collection Request
(ICR). OSHA will place all comments,
including any personal information, in the public docket, which may be
made 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.
SUPPLEMENTARY INFORMATION:
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 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, 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 (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of effort in
obtaining information (29 U.S.C. 657).
The following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements is to reduce employees' risk of death or serious
injury by ensuring that employment has been tested and is in safe
operating condition.
The information collection requirements specified in the 4',4'-
Methylenedianiline Standard for Construction (the ``MDA Standard'') (29
CFR 1926.60) protect employees from the adverse health effects that may
result from their exposure to MDA, including cancer, liver and skin
disease. The major paperwork requirements specify that employers must
perform initial, periodic, and additional exposure monitoring; notify
each worker in writing of their results as soon as possible but no
longer than 5 days after receiving exposure monitoring results; and
routinely inspect the hands, face, and forearms of each worker
potentially exposed to MDA for signs of dermal exposure to MDA.
Employers must also: establish a written compliance program; institute
a respiratory protection program in accordance with 29 CFR 1910.134
(OSHA's Respiratory Protection Standard); and develop a written
emergency plan for any construction operation that could have an MDA
emergency (i.e., an unexpected and potentially hazardous release of
MDA).
Employers must label any material or products containing MDA,
including containers used to store MDA-contaminated protective clothing
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA, and
personnel who launder or clean MDA-contaminated protective clothing or
equipment must receive information about the potentially harmful
effects of MDA. In addition, employers must post warning signs at
entrances or access ways to regulated areas, as well as train workers
exposed to MDA at the time of their initial assignment, and at least
annually thereafter.
Other paperwork provisions of the MDA Standard require employers to
provide workers with medical examinations, including initial, periodic,
emergency and follow-up examinations. As part of the medical-
surveillance program, employers must ensure that the examining
physician receives specific written information, and that they obtain
from the physician a written opinion regarding the worker's medical
results and exposure limitations.
The MDA Standard also specifies that employers are to establish and
maintain exposure-monitoring and medical-surveillance records for each
worker who is subject to these requirements, make any required record
available to OSHA compliance officers and the National Institute for
Occupational Safety and Health (NIOSH) for examination and copying, and
provide exposure-monitoring and medical-surveillance records to workers
and their designated representatives.
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 to
protect workers, 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
The agency is requesting an adjustment increase of 20 hours, from
986 to 1,006 hours and a cost increase of $68,724 to $146,718. There
are two main reasons for this adjustment. First, the agency has updated
the data sources used to estimate the number of respondents, burden,
and cost (such as the loaded hourly wage rates, turnover rate and unit
cost for laboratory analysis and medical exams). Second, this ICR
renewal switches from using rounded decimal estimates of unit burden to
unrounded fractions (for instance, from 0.08 to 5/60 for an item with
five minutes of burden).
OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
Type of Review: Extension of a currently approved collection.
Title: The 4,4'-Methylenedianiline in Construction Standard (CFR
1926.60).
OMB Control Number: 1218-0183.
Affected Public: Business or other for-profits.
Number of Respondents: 330.
Number of Responses: 2,630.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 1,006.
Estimated Cost (Operation and Maintenance): $152,658.
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-2012-0031). You may supplement electronic
submissions by uploading document files electronically. If you wish to
mail additional materials in reference to an electronic or a 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 that 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 https://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, 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 April 7, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-09370 Filed 4-29-22; 8:45 am]
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