[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02366]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0004]
Cadmium in Construction 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 its proposal to
extend the Office of Management and Budget (OMB) approval of the
information collection requirements specified in its Standard on
Cadmium in Construction.
DATES: Comments must be submitted (postmarked, sent, or received) by
April 7, 2023.
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
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2012-0004) for the Information Collection Request
(ICR). OSHA will place all comments, including personal information you
provide, in the public docket without change, which may be available
online at http://www.regulations.gov. 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.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. 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 through the
website. All submissions, including copyrighted material, are available
for inspection and copying through the OSHA Docket Office. Contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for
assistance in locating docket submissions.
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 its 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 (the 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 (See 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 (See 29 U.S.C. 657).
The Standard on Cadmium in Construction (29 CFR 1926.1127) requires
initial and periodic exposure monitoring and measurements, medical
surveillance by physicians through biological monitoring and
examinations, and recordkeeping and notification obligations. These
requirements help protect workers from the adverse health effects that
may result from their occupational involvement with Cadmium, and
provide access to these records by OSHA, the National Institute for
Occupational Safety and Health (NIOSH), the affected workers, and
designated representatives. The major information collection
requirements of this standard include the following elements of the
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
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 increase in the burden hour estimate of
16,226 hours (from 34,000 hours to 50,226 hours). Upon further review,
the agency realized that the requirement to develop and implement
emergency plans under Emergency Situations (Sec. 1926.1127(h)) is a
burden to employers. Additionally, the agency assumes that under this
requirement 10% of employers must update their emergency plan as
needed. Finally, under the Recordkeeping requirement (Sec.
1926.1127(n)), the agency added five minutes to collect and maintain
records for exposure monitoring samples. OSHA is requesting to retain
the same capital cost for operation and maintenance of $2,082,199.
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: Cadmium in Construction Standard (29 CFR 1926.1127).
OMB Control Number: 1218-0186.
Affected Public: Business or other for-profits; Federal Government;
State, local, or Tribal government.
Number of Respondents: 10,000.
Number of Responses: 335,082.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 50,226.
Estimated Cost (Operation and Maintenance): $2,082,199.
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-2012-0004). 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 through this
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
from the website, and for assistance in using the internet to locate
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 in Washington, DC, on January 31, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-02366 Filed 2-3-23; 8:45 am]
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