Beryllium Standards for General Industry; Extension for the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements, 40083-40085 [2021-15845]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
technological information collection
and transmission techniques.
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III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirement contained in the
Standard on Reports of Injuries to
Employees Operating Mechanical Power
Presses (29 CFR 1910.217(g)). The
agency is requesting an adjustment
decrease in the number of burden hours
from 400 to 390, a total reduction of 10
burden hours. The decrease is due to a
decrease in the estimated number of
injury reports caused by mechanical
power presses (from 1,190 to 1,170).
Type of Review: Extension of a
currently approved collection.
Title: Reports of Injuries to Employees
Operating Mechanical Power Presses (29
CFR 1910.217(g)).
OMB Control Number: 1218–0070.
Affected Public: Business or other forprofits.
Number of Respondents: 1,170.
Frequency of Responses: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 390.
Estimated Cost (Operation and
Maintenance): $0.
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 (fax); or (3) by hard copy.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2012–0017).
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.
VerDate Sep<11>2014
17:10 Jul 23, 2021
Jkt 253001
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 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, 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. 1–2012 (77 FR 3912).
Signed at Washington, DC, on July 19,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–15844 Filed 7–23–21; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2019–0010]
Beryllium Standards for General
Industry; Extension for the Office of
Management and Budget’s (OMB)
Approval of the Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits comments
concerning the proposal to extend the
Office of Management and Budget’s
(OMB) approval of the information
collection requirements contained in the
Beryllium Standards for General
Industry.
DATES: Comments must be submitted
(postmarked, sent, or received) by
September 24, 2021.
SUMMARY:
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40083
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.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2019–0010) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide such
as social security numbers 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.
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 a
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, 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 Act or for
developing information regarding the
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40084
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657).
This ICR is based on the 2017 final
rule for Beryllium which includes
general industry, construction, and
maritime. Subsequently, the agency has
proposed revisions to the beryllium
standards. OSHA proposed revisions to
the beryllium general industry standard
in December 2018 (83 FR 63746) titled
‘‘Occupational Exposure to Beryllium in
General Industry,’’ and to the beryllium
construction and shipyard standards in
October 2019 (84 FR 53902) titled
‘‘Occupational Exposure to Beryllium in
Construction and Shipyard Sectors.’’
The agency is planning to finalize the
beryllium standards in two separate
rulemakings in the coming months. The
modification and update of these
beryllium standards will clarify the
provisions contained in the 2017
general industry standard and will
better tailor the construction and
shipyard standards to address the
particular operations in these sectors
involving exposure to beryllium. These
two beryllium final rules contain
information collection requirements that
will have an impact on this ICR when
they are published.
The information collection
requirements specified by the beryllium
standards for general industry helps
protect workers from harmful elements
when exposed to permissible exposure
limits of beryllium and beryllium
compounds in the workplace. The
information collection requirements in
the 2017 Standards involve the
following elements of the standard.
Paragraph (d)(2) contains the
performance options where the
employer must assess the 8-hour 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 do
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
VerDate Sep<11>2014
17:10 Jul 23, 2021
Jkt 253001
monitoring within six months of the
most recent 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.
Paragraph (h)(3)(iii) requires the
employer to inform in writing the
persons or the business entities who
launder, clean, or repair the personal
protective clothing or equipment
required by this standard of the
potentially harmful effects of airborne
exposure to and dermal contact with
beryllium and that the personal
protective clothing and equipment must
be handled in accordance with this
standard. This provision is intended to
reduce exposure to beryllium for
employees handling berylliumcontaminated materials by providing
employers and employees handling
these materials the information
necessary to protect employees from
beryllium exposure.
Under paragraph (k)(1) 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
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Fmt 4703
Sfmt 4703
other beryllium-related health effects;
(C) is exposed to beryllium during an
emergency; or (D) 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
opinion. Under paragraph (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 require 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.
In paragraph (m)(2) the employer is
required to post warning signs at each
approach to a regulated area. Paragraph
(m)(3) requires the employer to label
each bag and container of clothing,
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
equipment, and materials contaminated
with beryllium.
In paragraph (m)(4)(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 Assistant Secretary, the
Director, each employee, and each
employee’s designated representative(s)
in accordance the Records Access
standard (29 CFR 1910.1020).
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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 a program change
decrease from 194,261 hours to 82,822
hours, a difference of 111,439 hours in
the burden. This is a revision to the
currently approved Beryllium
Information Collections for the general
industry (29 CFR part 1910.1024) by
removing those collection of
information requirements contained in
the construction and shipyard sectors
from this ICR. OSHA is proposing that
the burden hours and cost for
maintenance and material remain the
same. The agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Beryllium Standards for General
Industry (29 CFR part 1910.1024).
OMB Number: 1218–0267.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 4,538.
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17:10 Jul 23, 2021
Jkt 253001
Frequency of Response: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours:
82,822.
Estimated Cost (Operation and
Maintenance): $18,741,540.
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 (FAX); or (3) by hard copy.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2019–0010).
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.
Comments and submissions are
posted without change at https://
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 https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through 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 at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available through the website, and for
assistance in using the internet to locate
docket submissions.
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Fmt 4703
Sfmt 4703
40085
V. Authority and Signature
James S. Frederick, 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. 1–2012 (77 FR 3912).
Signed at Washington, DC, on July 19,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–15845 Filed 7–23–21; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[NOTICE: (21–045)]
Name of Information Collection: NASA
Property in the Custodian of
Contractors
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection.
AGENCY:
The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections.
DATES: Comments are due by September
24, 2021.
ADDRESSES: Written comments and
recommendations for this information
collection should be sent within 60 days
of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this information collection by
selecting ‘‘Currently under 60-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Claire Little, NASA
Clearance Officer, NASA Headquarters,
300 E Street SW, JF0000, Washington,
DC 20546, 202–358–2375 or email
claire.a.little@nasa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
To ensure accurate reporting of
Government-owned, contractor-held
property on the financial statements and
to provide information necessary for
effective property management in
accordance with FAR Part 45, NASA
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40083-40085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15845]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0010]
Beryllium Standards for General Industry; Extension for the
Office of Management and Budget's (OMB) Approval of the Information
Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: OSHA solicits comments concerning the proposal to extend the
Office of Management and Budget's (OMB) approval of the information
collection requirements contained in the Beryllium Standards for
General Industry.
DATES: Comments must be submitted (postmarked, sent, or received) by
September 24, 2021.
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.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0010) for the Information Collection Request
(ICR). All comments, including any personal information you provide
such as social security numbers 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.
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 a 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, 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 Act or for developing information
regarding the
[[Page 40084]]
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657).
This ICR is based on the 2017 final rule for Beryllium which
includes general industry, construction, and maritime. Subsequently,
the agency has proposed revisions to the beryllium standards. OSHA
proposed revisions to the beryllium general industry standard in
December 2018 (83 FR 63746) titled ``Occupational Exposure to Beryllium
in General Industry,'' and to the beryllium construction and shipyard
standards in October 2019 (84 FR 53902) titled ``Occupational Exposure
to Beryllium in Construction and Shipyard Sectors.'' The agency is
planning to finalize the beryllium standards in two separate
rulemakings in the coming months. The modification and update of these
beryllium standards will clarify the provisions contained in the 2017
general industry standard and will better tailor the construction and
shipyard standards to address the particular operations in these
sectors involving exposure to beryllium. These two beryllium final
rules contain information collection requirements that will have an
impact on this ICR when they are published.
The information collection requirements specified by the beryllium
standards for general industry helps protect workers from harmful
elements when exposed to permissible exposure limits of beryllium and
beryllium compounds in the workplace. The information collection
requirements in the 2017 Standards involve the following elements of
the standard.
Paragraph (d)(2) contains the performance options where the
employer must assess the 8-hour 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
do 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. 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.
Paragraph (h)(3)(iii) requires the employer to inform in writing
the persons or the business entities who launder, clean, or repair the
personal protective clothing or equipment required by this standard of
the potentially harmful effects of airborne exposure to and dermal
contact with beryllium and that the personal protective clothing and
equipment must be handled in accordance with this standard. This
provision is intended to reduce exposure to beryllium for employees
handling beryllium-contaminated materials by providing employers and
employees handling these materials the information necessary to protect
employees from beryllium exposure.
Under paragraph (k)(1) 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; (C) is exposed to beryllium during an
emergency; or (D) 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 opinion.
Under paragraph (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 require 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.
In paragraph (m)(2) the employer is required to post warning signs
at each approach to a regulated area. Paragraph (m)(3) requires the
employer to label each bag and container of clothing,
[[Page 40085]]
equipment, and materials contaminated with beryllium.
In paragraph (m)(4)(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
Assistant Secretary, the Director, each employee, and each employee's
designated representative(s) in accordance 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,
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 a program change decrease from 194,261 hours to
82,822 hours, a difference of 111,439 hours in the burden. This is a
revision to the currently approved Beryllium Information Collections
for the general industry (29 CFR part 1910.1024) by removing those
collection of information requirements contained in the construction
and shipyard sectors from this ICR. OSHA is proposing that the burden
hours and cost for maintenance and material remain the same. The agency
will summarize the comments submitted in response to this notice and
will include this summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Beryllium Standards for General Industry (29 CFR part
1910.1024).
OMB Number: 1218-0267.
Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
Number of Respondents: 4,538.
Frequency of Response: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 82,822.
Estimated Cost (Operation and Maintenance): $18,741,540.
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 (FAX); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2019-0010). 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.
Comments and submissions are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through 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 at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, 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. 1-2012
(77 FR 3912).
Signed at Washington, DC, on July 19, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-15845 Filed 7-23-21; 8:45 am]
BILLING CODE 4510-26-P
