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• Publication Date: 04/05/2010
• Publication Type: Notice
• Fed Register #: 75:17163-17164
• Standard Number: 1910.1048
• Title: Formaldehyde Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]               
[Page 17163-17164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-86]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0041]

 
Formaldehyde Standard; 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 comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Standard on Formaldehyde (29 CFR 1910.1048). The 
standard protects workers from the adverse health effects from 
occupational exposure to Formaldehyde.

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 4, 2010.

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.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0041, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2009-
0041). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. 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 or the OSHA Docket Office at 
the address above. 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 Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Todd Owen or 
Jamaa Hill at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Jamaa Hill, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, 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 (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 (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 efforts in 
obtaining information (29 U.S.C. 657). The standard protects workers 
from the adverse health effects from occupational exposure to 
formaldehyde, including an itchy, runny, and stuffy nose; a dry or sore 
throat; eye irritation, headaches, and cancer of the lung, buccal 
cavity, and pharynyx. Formaldehyde solutions can damage the skin and 
burn the eyes.

    The Standard specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Formaldehyde Standard. The Formaldehyde 
Standard requires employers to conduct worker exposure monitoring to 
determine workers' exposure to Formaldehyde, notify workers of their 
formaldehyde exposures, provide medical surveillance to workers, 
provide examining physicians with specific information, ensure that 
workers receive a copy of their medical examination results, maintain 
workers' exposure monitoring and medical records for specific periods, 
and provide access to these records by OSHA, the National Institute for 
Occupational Safety and Health, the affected workers, and their 
authorized representatives.

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 is requesting that OMB extend its approval of the collection 
of information requirements contained in the Standard on Formaldehyde 
(29 CFR 1910.1048). The Agency is requesting an adjustment decrease of 
191,541 hours (from 519,076 hours to 327,535 hours). The primary 
reasons for the reduction are a decrease in the number of workers 
requiring medical surveillance from 370,610 to 205,333 and a decrease 
in the overall number of establishments from 112,638 to 103,511. The 
establishment decrease resulted in fewer medical examinations, training 
sessions, and exposure measurements.
    The Agency is also requesting a cost decrease of $12,699,342 from 
$55,325,688 to $42,626,346. The cost decrease is primarily the result 
of reducing the number of establishments, which also resulted in a 
reduction in the number of workers. Although the number of workers has 
decreased, the cost of medical examinations increased from $130 to 
$180. Additionally, the cost of monitoring samples has increased from 
$42 to $45.
    OSHA will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to extend 
the approval of the information collection requirements contained in 
the Formaldehyde Standard (29 CFR 1910.1048).
    Type of Review: Extension of currently approved collections.
    Title: Formaldehyde Standard (29 CFR 1910.1048).
    OMB Number: 1218-0145.
    Affected Public: Business or other for-profits.
    Number of Respondents: 103,511.
    Total Responses: 1,186,422.
    Frequency: On occasion.
    Estimated Time per Response: Varies from 5 minutes (.08 hour) for 
employers (clerical/secretarial staff) to maintain records to 1 hour 
for an employee to undergo a medical examination.
    Total Burden Hours: 327,535.
    Estimated Cost (Operation and Maintenance): $42,626,346.

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 
e-Rulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2009-
0041). You may supplement electronic submissions by uploading document 
files electronically. If you wish to mail additional materials in 
reference to an electronic or 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 the 
Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627). 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 date of birth. Although 
all submissions are listed in the http://www.regulations.gov index, 
some information (e.g. copyrighted material) is not publically 
available to read or download through this Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. Information on using the http://www.regulations.gov 
Web site to submit comments and access the docket 
is available through the Web site's "User Tips" link. Contact the 
OSHA Docket Office for information about materials not available 
through the Web site, and for assistance in using the Internet to 
locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, 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. 5-2007 
(72 FR 31160).

    Signed at Washington, DC, on March 30, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-7582 Filed 4-2-10; 8:45 am]
BILLING CODE 4510-26-P

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