[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17882-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05147]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0010]
Occupational Exposure to Beryllium and Beryllium Compounds in
General Industry; 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 Occupational
Exposure to Beryllium and Beryllium Compounds in General Industry.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 13, 2024.
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 websites. 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-2019-0010) 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, 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 purpose of these requirements specified by the beryllium
standards in General Industry help protect workers from harmful
elements when exposed to permissible exposure limit (PEL) of beryllium
and beryllium compounds in the workplace. The information collection
requirements contained in the general industry standard are described
below.
Paragraph (d)(2) contains the performance option where the employer
must assess the 8-hour time weighted average (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 and the
15-minute short-term 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. Where the most recent exposure monitoring
indicates that airborne exposure is above the TWA PEL or above the
short-term exposure limit (STEL), the employer must repeat such
monitoring within three months of the most recent 8-hour TWA exposure
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
1910.1020(e)).
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
emergency situations.
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; or (C) Is exposed to beryllium during
an emergency; or (D) Most recent written medical opinion required by
paragraph (k)(6) or (k)(7) recommended 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 required 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 employee.
Under paragraph (l)(1) of medical removal the employer is required
to remove an employee that is eligible for medical removal if the
employee works in a job with airborne exposure at or above the action
level and either: (i) the employee provides the employer with a written
medical report indicating a confirmed positive finding or CBD diagnosis
or a written medical report recommending removal from airborne exposure
to beryllium in accordance with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer receives a written medical opinion
recommending removal from airborne exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of the standard.
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 with the Record 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 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Occupational Exposure to
Beryllium and Beryllium Compounds in General Industry. The agency is
requesting an adjustment decrease in burden from 82,822 to 32,587
hours, a difference of 50,235 hours. This decrease in burden is due to
removing rule familiarization from this ICR and reducing the rate of
non-compliance for employers.
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: Occupational Exposure to Beryllium and Beryllium Compounds
Standard in General Industry.
OMB Control Number: 1218-0267.
Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
Number of Respondents: 4,538.
Number of Responses: 52,956.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 32,587.
Estimated Cost (Operation and Maintenance): $6,365,761.
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; or (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. All comments, attachments, and
other material must identify the agency name and the OSHA docket number
for the ICR (OSHA-2019-0010). You may supplement electronic submission
by uploading document files electronically.
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 5, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-05147 Filed 3-11-24; 8:45 am]
BILLING CODE 4510-26-P
