[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07047]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0040]
The Standard on 4,4'--Methylenedianiline for General Industry 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 Standard on 4,4'--
Methylenedianiline for General Industry.
DATES: Comments must be submitted (postmarked, sent, or received) by
June 5, 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
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-2012-0040) 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
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 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 specified in the 4,4'--Methylenedianiline Standard
for General Industry (the ``MDA Standard'') (29 CFR 1910.1050) protect
workers 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 five
(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 OSHA's Respiratory Protection
Standard (29 CFR 1910.134);
and to 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,
while personnel who launder or clean MDA-contaminated protective
clothing or equipment must receive information about the potentially
harmful effects of MDA. In addition, employers are to 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 respective 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. Finally,
employers who cease to do business within the period specified for
retaining exposure monitoring and medical surveillance records, and who
have no successor employer, must notify NIOSH at least 90 days before
disposing of the records and transmit the records to NIOSH if so
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
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in 4,4'--Methylenedianiline for
General Industry. The agency is requesting to maintain previously
approved burden hours calculations for this proposed ICR, which is 317
burden hours. The agency estimated an overall increase in the estimated
number of covered establishments in specific industry sectors in the
prior ICR and is not going to change the estimates for this request.
OSHA is not requesting an adjustment for the Capital Costs, which is
$25,740, due to the increased cost of the samples and the CPI.
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: 4,4'--Methylenedianiline Standard for General Industry (29
OMB Control Number: 1218-0184.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal government.
Number of Respondents: 10.
Number of Responses: 584.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 317.
Estimated Cost (Operation and Maintenance): $25,740.
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); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at 202-693-1648; 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 OSHA-2012-0040. 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
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, 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. 8-2020
(85 FR 58393).
Signed at Washington, DC, on March 29, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-07047 Filed 4-4-23; 8:45 am]
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