[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27856]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0031]
Standard on 4,4'--Methylenedianiline 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 comments.
SUMMARY: OSHA solicits public comments concerning its 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 in Construction (29 CFR 1926.60).
DATES: Comments must be submitted (postmarked, sent, or received) by
January 15, 2013.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov,
which is the FederaleRulemaking Portal. Follow the instructions
online for submittingcomments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2012-0031,
Occupational Safety and Health Administration, U.S. Department of
Labor, 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 (OSHA-2012-0031) for the Information Collection Request
(ICR). 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 informationon submitting comments see the "Public Participation"
heading in thesection 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 atthe address above. All documents in
the docket (including this FederalRegister 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 from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
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 accord 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 information collection requirements specified in the 4,4'-
Methylenedianiline Standard for Construction (the "MDA Standard") (29
CFR 1926.60) 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 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 29 CFR 1910.134
(OSHA's Respiratory Protection Standard); and develop a written
emergency plan for any construction operation that could have an
emergency (i.e., an unexpected and potentially hazardous release of
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 accessways 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.
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
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
The Agency is requesting that it retain its previous burden hour
request of 1,029 hours. As reported by the Consumer Price Index (CPI)
there was a 9.1% inflation from 2007 to 2010. Therefore, there is an
overall increase in capital costs of $5,640 (from $62,838 to $68,478).
This adjustment is a result of an increase in the estimated cost of
medical examinations from $168 to $183. Also, there is an increase in
the estimated cost of laboratory airborne sample analysis from $107 to
The Agency 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
contained in the Standard.
Type of Review: Extension of a currently approved collection.
Title: 4,4'- Methylenedianiline in Construction Standard (29 CFR
OMB Control Number: 1218-0183.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
Number of Respondents: 330.
Total Responses: 2,631.
Frequency: On occasion.
Average Time per Response: Varies from 5 minutes (.08 hour) for
employers to provide information to the physician to 2 hours for
Estimated Total Burden Hours: 1,029.
Estimated Cost (Operation and Maintenance): $68,478.
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 FederaleRulemaking Portal; (2) by facsimile (fax); or (3)
by hard copy. Allcomments, attachments, and other material must identify
the Agency nameand the OSHA docket number for the ICR (Docket No. OSHA-2012-0031).
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 dates of birth. Although
all submissions are listed in the http://www.regulations.gov index,
someinformation (e.g., copyrighted material) is not publicly 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
Web site to submit comments and accessthe docket is available at the
Web site's "User Tips" link. Contact the OSHA Docket Office for information
about materials not availablethrough the Web site, and for assistance
in using the Internet to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., 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. 1-2012
(77 FR 3912).
Signed at Washington, DC, on November 13, 2012.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27856 Filed 11-15-12; 8:45 am]
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