Asbestos in General Industry; Extension of the Office of Management and Budget's (OMB) Approval of Collection of Information, 6979-6980 [2020-02306]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6979-6980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02306]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0018]


Asbestos in General Industry; Extension of the Office of 
Management and Budget's (OMB) Approval of Collection of Information

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
collection of information contained in the Standard on Asbestos in 
General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 6, 2020.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://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 your comments and attachments 
to the OSHA Docket Office, Docket No. OSHA-2010-0018, Occupational 
Safety and Health Administration, U.S. Department of Labor, Room N-
3653, 200 Constitution Avenue NW, Washington, DC 20210. Deliveries 
(hand, express mail, messenger, and courier service) are accepted 
during the OSHA Docket Office's normal business hours, 10:00 a.m. to 
3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2010-0018) for the Information Collection 
Request (ICR). All comments, including any personal information you 
provide, such as social security number and date of birth, are placed 
in the public docket without change, and may be made available online 
at https://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 https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download from the website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or 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 collection of 
information in accordance with the Paperwork Reduction Act (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, 
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 OSHA to 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 said 
information (29 U.S.C. 657).
    The basic purpose of the collection of information in the Asbestos 
in General Industry Standard (29 CFR 1910.1001) (the Standard) is to 
document that employers in general industry are

[[Page 6980]]

providing their workers with protection from exposure to hazardous 
asbestos. Asbestos exposure results in asbestosis, an emphysema-like 
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
    Several provisions of the Standard require a collection of 
information, including: Implementing an exposure monitoring program 
that notifies workers of their exposure monitoring results, 
establishing a written compliance program, and informing laundry 
personnel of the requirement to prevent release of airborne asbestos 
above the time-weighted average and excursion limit. Other information 
collection in the Standard include: Maintaining records of information 
obtained concerning the presence, location, and quantity of asbestos-
containing materials (ACMs) and/or presumed asbestos-containing 
materials (PACMs) in a building/facility; notifying housekeeping 
workers of the presence and location of ACMs and PACMs in areas they 
may occupy during their work; and using information, data, and analyses 
to demonstrate that PACMs do not contain asbestos. In addition, the 
collection of information in the Standard includes: Providing medical 
surveillance for workers potentially exposed to ACMs and/or PACMs, 
including administering a worker medical questionnaire, providing 
information to the examining physician, and providing the physician's 
written opinion to the worker; maintaining records of exposure 
monitoring, objective data used for exposure determinations, and 
medical surveillance; and making specified records (e.g., exposure 
monitoring and medical surveillance records) available to designated 
parties.
    This collection of information permits employers, workers and their 
designated representatives, OSHA, and other specified parties to 
determine the effectiveness of an employer's asbestos-control program. 
Accordingly, the requirements ensure that workers exposed to asbestos 
receive all of the protections afforded by the Standard.

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 an adjustment increase in the burden hours from 
11,688 hours to 11,745 hours, for a total increase of 57 hours. The 
increase is due to the agency's use of a new method for rounding burden 
hours. Capital costs increased, from $963,650 to $1,018,728, an 
increase of $55,078. This adjustment is related to increased costs to 
conduct a medical examination (from $156 to $165). In addition, the 
estimated costs for contract industrial hygiene services to conduct 
exposure monitoring sampling increased from $50.25 to $52.52. The 
increase in the exposure monitoring sampling cost is due to the 
agency's use of a different method of calculating employee 
compensation.
    OSHA is providing the following summary information about the 
Asbestos in General Industry information collection:
    Type of Review: Extension of a currently approved collection.
    Title: Asbestos in General Industry (29 CFR 1910.1001).
    OMB Control Number: 1218-0133.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 121.
    Frequency of Responses: Varies.
    Total Responses: 30,847.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 11,745.
    Estimated Cost (Operation and Maintenance): $1,018,728.

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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for this ICR (Docket No. OSHA-2010-0018). 
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.
    Due to 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 https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as their social security number 
and date of birth. Although all submissions are listed in the https://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 https://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 for information about materials not available 
from the website, and for assistance in using the internet to locate 
docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on January 29, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-02306 Filed 2-5-20; 8:45 am]
 BILLING CODE 4510-26-P