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• Publication Date: 10/27/2005
• Publication Type: Notice
• Fed Register #: 70:61998-61999
• Standard Number: 1926.62
• Title: Standard on Lead in Construction; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Notices]
[Page 61998-61999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc05-61]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0189(2006)]


Standard on Lead in Construction; 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 comment.

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SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements contained in 29
CFR 1926.62.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received)
by December 27, 2005.
    Facsimile and electronic transmission: Your comments must be
received by December 27, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0189(2006), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number
is (877) 889-5627). OSHA Docket Office and Department of Labor hours
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
 Follow instructions on the OSHA Web page for submitting comments.
    Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In
addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Todd Owen at the address below to obtain a copy of
the ICR. For additional information on submitting comments, please see
the ``Public Participation'' heading in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards
and Guidance, OSHA, Room N-3609; 200 Constitution Avenue, NW.,
Washington, DC 20210, telephone: (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    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-95) (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 Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657).
    On January 5, 2005, OSHA published the Standards Improvement
Project--Phase II, Final rule (70 FR 1112). The final rule removed and
revised provisions of standards that were outdated, duplicative,
unnecessary, or inconsistent and clarified or simplified regulatory
language. The final rule contained several revisions to collections of
information contained in the Lead in Construction Standard.\1\ These
revisions included: allowing employers the option to post employee
exposure-monitoring results instead of requiring individual
notification and updating compliance plans annually. Those changes
reduced paperwork burden hours while maintaining worker protection and
improving consistency among standards. The reductions in burden hours
were taken in the prior ICR. The following is a brief description of
the current collection of information requirements contained in the
Lead in Construction Standard.
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    \1\ OMB approved the reduction of 1,938 burden hours after
reviewing the Information Collection Request for the Standards
Improvement Project-Phase-II Notice of Proposed Rulemaking,
published October 31, 2002 (67 FR 66494). On January 5, 2005, when
the Final rule was published (70 FR 1112) documentation was
submitted to OMB revising the reduction of 1,938 hours to 1,220
hours to reflect the decrease in time to conduct exposure
monitoring.
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    The purpose of the Lead in Construction Standard and its
information collection requirements is to reduce occupation lead
exposure in the construction industry. Lead exposure can result in both
acute and chronic effects and can be fatal in severe cases of lead
toxicity. Some of the health affects associated with lead exposure
include brain disorders which can lead to seizures, coma, and death;
anemia; neurological problems; high blood pressure; kidney problems;
reproductive problems; and decreased red blood cell production. The
Standard requires that employers: establish and maintain a training
program; review the compliance program annually; provide exposure-
monitoring, and medical surveillance programs; and maintain exposure-
monitoring and medical surveillance records. The records are used by
employees, physicians, employers and OSHA to determine the
effectiveness of the employer's compliance efforts. The Standard seeks
to reduce disease by requiring exposure-monitoring to determine if lead
exposures are too high, by requiring medical surveillance to determine
if employee blood lead levels are too high, and by requiring treatment
to reduce blood lead levels.

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,
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 proposes to request OMB's approval to extend the collection of
information (paperwork) requirements necessitated by the Standard on
Lead in Construction (29 CFR 1926.62). The Agency will include this
summary in its request to OMB to extend the approval of these
collection of information requirements.

    Type of Review: Extension of currently approved information
collection requirements.
    Title: Lead in Construction (29 CFR 1926.62).
    OMB Number: 1218-0189.
    Affected Public: Business or other for-profits; Federal Government;
State, Local or Tribal Government.
    Frequency: On occasion.
    Average Time Per Response: Varies from 1 minute (.02 hour) for a
clerical employee to notify employees of their right to seek a second
medical opinion to 8 hours to develop a compliance plan.
    Estimated Total Burden Hours: 1,560,718.
    Estimated Cost (Operation and Maintenance): $68,576,683.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY) (877) 889-5627) for information about security procedures
concerning the delivery of submissions by express delivery, hand
delivery and courier service.
    All comments, submissions and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Web page are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for

information about materials not available through the OSHA Web page and
for assistance using the Web page to locate docket submissions.
Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting 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. 5-
2002 (67 FR 65008).

    Signed at Washington, DC, on October 21, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-21476 Filed 10-26-05; 8:45 am]

BILLING CODE 4510-26-M

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