[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Notices]
[Pages 19602-19604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05735]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2024-0004]
Occupational Exposure to Beryllium and Beryllium Compounds
Standard in the Construction 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 Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Occupational
Exposure to Beryllium and Beryllium Compounds Standard in the
Construction Industry.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 20, 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-2024-0004) 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 is specified by the beryllium
standard for the construction industry help protect workers from
harmful elements when exposed to permissible exposure limits of
beryllium and beryllium compounds in the workplace.
Paragraph (d)(2) contains the performance options 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 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 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 STEL, the employer must repeat such
monitoring within three months of the most recent 8-hour TWA or short-
term 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.
Under paragraph (k)(l)(i) 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) 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 option.
Under (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)(iii) 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)(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
Assistance Secretary, the Director, each employee, and each employee's
designated representative(s) in accordance with 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 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 the Construction Industry. The
agency is requesting an adjustment decrease in burden hours from 18,075
hours to 7,047 hours, a difference of 11,028 hours. This decrease is
due to the removal of the collection of information requirements for
rule familiarization, and a decrease in the non-compliance rate by 60
percent, since the standard has been in effect for the past three
years.
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 the Construction Industry.
OMB Control Number: 1218-0275.
Affected Public: Business or other for-profits.
Number of Respondents: 2,100.
Number of Responses: 12,642.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 7,407.
Estimated Cost (Operation and Maintenance): $2,249,246.
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 (Docket No. OSHA-2024-0004). 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 submission, 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 12, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-05735 Filed 3-18-24; 8:45 am]
BILLING CODE 4510-26-P
