Occupational Exposure to Beryllium and Beryllium Compounds in General Industry; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements, 17882-17885 [2024-05147]
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17882
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
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 required 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.
Under paragraph (l)(1) of medical
removal, the employer is required to
remove an employee that is eligible for
medical removal, if the employee works
in a job with airborne exposure at or
above the action level and either: (i) the
employee provides the employer with a
written medical report indicating a
confirmed positive finding or CBD
diagnosis or a written medical report
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer
receives a written medical opinion
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of
the standard.
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,
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 with the Record 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 to protect workers,
including whether the information is
useful;
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• 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirements contained in the
Occupational Exposure to Beryllium
and Beryllium Compounds in the
Shipyard Sector. The agency is
requesting an adjustment decrease in
burden from 6,609 hours to 2,565 hours,
a difference of 4,044 hours. This
decrease in burden is due to removing
rule familiarization from this ICR and
reducing the rate of non-compliance for
employers.
OSHA 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.
Type of Review: Extension of a
currently approved collection.
Title: Occupational Exposure to
Beryllium and Beryllium Compounds
Standard in the Shipyard Sector.
OMB Control Number: 1218–0272.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 696.
Number of Responses: 4,661.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 2,565.
Estimated Cost (Operation and
Maintenance): $824,741.
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; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2024–0001). You may
supplement electronic submission by
uploading document files electronically.
Comments and submissions are
posted without change at https://
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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 https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website. All
submission, 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, 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. 8–2020 (85 FR 58393).
Signed at Washington, DC, on March 7,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–05245 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2019–0010]
Occupational Exposure to Beryllium
and Beryllium Compounds in General
Industry; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Occupational Exposure
to Beryllium and Beryllium Compounds
in General Industry.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
13, 2024.
SUMMARY:
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
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 websites.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office at (202)
693–2350 (TTY (877) 889–5627) 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). OSHA will place all comments,
including any personal information, in
the public docket, which may be made
available online. Therefore, OSHA
cautions interested parties about
submitting personal information such as
social security numbers and birthdates.
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:
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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 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, the 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
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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 effort in obtaining
information (29 U.S.C. 657).
The purpose of these requirements
specified by the beryllium standards in
General Industry help protect workers
from harmful elements when exposed to
permissible exposure limit (PEL) of
beryllium and beryllium compounds in
the workplace. The information
collection requirements contained in the
general industry standard are described
below.
Paragraph (d)(2) contains the
performance option where the employer
must assess the 8-hour time weighted
average (TWA) exposure and the 15minute 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 and the 15minute short-term 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. Where the most
recent exposure monitoring indicates
that airborne exposure is above the
TWA PEL or above the short-term
exposure limit (STEL), the employer
must repeat such monitoring within
three months of the most recent 8-hour
TWA exposure 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
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17883
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
other beryllium-related health effects; or
(C) Is exposed to beryllium during an
emergency; or (D) Most recent written
medical opinion required by paragraph
(k)(6) or (k)(7) recommended 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
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17884
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
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 required 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.
Under paragraph (l)(1) of medical
removal the employer is required to
remove an employee that is eligible for
medical removal if the employee works
in a job with airborne exposure at or
above the action level and either: (i) the
employee provides the employer with a
written medical report indicating a
confirmed positive finding or CBD
diagnosis or a written medical report
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer
receives a written medical opinion
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recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of
the standard.
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,
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 with the Record 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 to protect workers,
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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirements contained in the
Occupational Exposure to Beryllium
and Beryllium Compounds in General
Industry. The agency is requesting an
adjustment decrease in burden from
82,822 to 32,587 hours, a difference of
50,235 hours. This decrease in burden is
due to removing rule familiarization
from this ICR and reducing the rate of
non-compliance for employers.
OSHA will summarize the comments
submitted in response to this notice and
will include this summary in the
request to OMB to extend the approval
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Fmt 4703
Sfmt 4703
of the information collection
requirements.
Type of Review: Extension of a
currently approved collection.
Title: Occupational Exposure to
Beryllium and Beryllium Compounds
Standard in General Industry.
OMB Control Number: 1218–0267.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 4,538.
Number of Responses: 52,956.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours:
32,587.
Estimated Cost (Operation and
Maintenance): $6,365,761.
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; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2019–0010). You may
supplement electronic submission by
uploading document files electronically.
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 dates 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, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 8–2020 (85 FR 58393).
Signed at Washington, DC, on March 5,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–05147 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2023–0012]
Federal Advisory Council on
Occupational Safety and Health
(FACOSH); Notice of Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of FACOSH meeting.
AGENCY:
The Federal Advisory
Committee on Occupational Safety and
Health (FACOSH) will meet April 18,
2024.
SUMMARY:
FACOSH will meet from 1 p.m.–
4 p.m. ET, April 18, 2024, virtually via
WebEx.
ADDRESSES:
Submission of comments and requests
to speak: Submit comments and
requests to speak at the FACOSH
meeting by April 5, 2024, identified by
the docket number for this Federal
Register notice (Docket No. OSHA–
2023–0012), using the following
method:
Electronically: Comments and
requests to speak, including
attachments, must be submitted
electronically at www.regulations.gov,
the Federal eRulemaking Portal. Follow
the online instructions for submitting
comments.
Requests for special accommodations:
Submit requests for special
accommodations for this FACOSH
meeting by April 5, 2024, to Ms. Lana
Nieves, Directorate of Enforcement
Programs, OSHA, U.S. Department of
Labor; telephone: (202) 693–2128;
email: nieves.lana.a@dol.gov.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (Docket No. OSHA–2023–0012).
OSHA will place comments and
requests to speak, including personal
information, in the public docket, which
may be available online. Therefore,
OSHA cautions interested parties about
submitting personal information such as
Social Security numbers and birthdates.
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DATES:
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17885
Docket: To read or download
documents in the public docket for this
FACOSH meeting, go to
www.regulations.gov. All documents in
the public docket are listed in the index;
however, some documents (e.g.,
copyrighted material) are not publicly
available to read or download through
www.regulations.gov. All submissions,
including copyrighted material, are
available for inspection through the
OSHA Docket Office. Contact the OSHA
Docket Office at (202) 693–2350 (TTY
(877) 889–5627) for assistance in
locating docket submissions.
Participation in the FACOSH meeting:
Members of the public may register to
attend the FACOSH meeting by going to
the website: https://usdolee.webex.com/
usdolee/j.php?MTID=
m25c3ee95bbf132dacfd3723e80967bb0.
VoIP or dial: 877–465–7975
Access code: 2760 654 2774
Meeting password: Welcome!24
(93526631 from phones)
However, any participation by the
public will be in listen-only mode.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger,
Director, OSHA Office of
Communications; telephone: (202) 693–
1999; email: meilinger.francis2@dol.gov.
General information: Ms. Lana
Nieves, Supervisor, OSHA Office of
Federal Agency Programs; telephone
(202) 693–2128; email: ofap@dol.gov.
Copies of this Federal Register
document: Electronic copies of this
Federal Register document are available
at https://www.regulations.gov. This
document, as well as news releases and
other relevant information are also
available on the OSHA web page at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Meeting agenda: The tentative agenda
for this meeting includes:
• Assistant Secretary’s Agency
Update and Remarks;
• Update from FACOSH’s
Subcommittee on Identification of Best
Practices and Lessons Learned;
• National Institute for Occupational
Safety and Health’s Total Worker
Health, New Recovery Toolkit,
Recovery-Ready Workplace Resources;
• Health and Human Services and
General Services Administration’s
Guidelines for Naloxone in Federal
Facilities; and
• Department of Interior’s
Implementation of Carry and Use of
Naloxone.
Member and public attendance at the
FACOSH meeting will be virtual only.
The public can listen in to the FACOSH
meeting at: https://usdolee.webex.com/
weblink/register/r9d1ba59530df355b6f
c569206b6b9eaa.
In addition, meeting information will
be posted to Office of Federal Agency’s
website at: https://www.osha.gov/
advisorycommittee/facosh.
I. Background
FACOSH is authorized to advise the
Secretary of Labor (Secretary) on all
matters relating to the occupational
safety and health of Federal employees
(Occupational Safety and Health Act of
1970 (29 U.S.C. 668), 5 U.S.C. 7902,
Executive Orders 12196 and 14109).
This includes providing advice on how
to reduce and keep to a minimum the
number of injuries and illnesses in the
Federal workforce and how to
encourage the establishment and
maintenance of effective occupational
safety and health programs in each
Federal agency.
Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
II. Meeting Information
FACOSH Meeting
FACOSH will meet from 1 p.m. to 4
p.m., ET, Thursday, April 18, 2024. The
meeting is open to the public.
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Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice under the
authority granted by section 19 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 668), 5 U.S.C. 7902, the
Federal Advisory Committee Act (5
U.S.C. 10), Executive Order 12196 and
14109, Secretary of Labor’s Order 8–
2020 (85 FR 58393, 9/18/2020), 29 CFR
part 1960 (Basic Program Elements of
for Federal Employee Occupational
Safety and Health Programs), and 41
CFR part 102–3.
[FR Doc. 2024–05150 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2023–107]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17882-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05147]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0010]
Occupational Exposure to Beryllium and Beryllium Compounds in
General Industry; 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.
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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Occupational
Exposure to Beryllium and Beryllium Compounds in General Industry.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 13, 2024.
[[Page 17883]]
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 websites. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) 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). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
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 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 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, the 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 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 effort in
obtaining information (29 U.S.C. 657).
The purpose of these requirements specified by the beryllium
standards in General Industry help protect workers from harmful
elements when exposed to permissible exposure limit (PEL) of beryllium
and beryllium compounds in the workplace. The information collection
requirements contained in the general industry standard are described
below.
Paragraph (d)(2) contains the performance option where the employer
must assess the 8-hour time weighted average (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 and the
15-minute short-term 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. Where the most recent exposure monitoring
indicates that airborne exposure is above the TWA PEL or above the
short-term exposure limit (STEL), the employer must repeat such
monitoring within three months of the most recent 8-hour TWA exposure
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; or (C) Is exposed to beryllium during
an emergency; or (D) Most recent written medical opinion required by
paragraph (k)(6) or (k)(7) recommended 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
[[Page 17884]]
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 required 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.
Under paragraph (l)(1) of medical removal the employer is required
to remove an employee that is eligible for medical removal if the
employee works in a job with airborne exposure at or above the action
level and either: (i) the employee provides the employer with a written
medical report indicating a confirmed positive finding or CBD diagnosis
or a written medical report recommending removal from airborne exposure
to beryllium in accordance with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer receives a written medical opinion
recommending removal from airborne exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of the standard.
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, 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 with the Record 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 to
protect workers, 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Occupational Exposure to
Beryllium and Beryllium Compounds in General Industry. The agency is
requesting an adjustment decrease in burden from 82,822 to 32,587
hours, a difference of 50,235 hours. This decrease in burden is due to
removing rule familiarization from this ICR and reducing the rate of
non-compliance for employers.
OSHA 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.
Type of Review: Extension of a currently approved collection.
Title: Occupational Exposure to Beryllium and Beryllium Compounds
Standard in General Industry.
OMB Control Number: 1218-0267.
Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
Number of Respondents: 4,538.
Number of Responses: 52,956.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 32,587.
Estimated Cost (Operation and Maintenance): $6,365,761.
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; or (2) by facsimile (fax), if your comments,
including attachments, are not longer than 10 pages you may fax them to
the OSHA Docket Office at 202-693-1648. All comments, attachments, and
other material must identify the agency name and the OSHA docket number
for the ICR (OSHA-2019-0010). You may supplement electronic submission
by uploading document files electronically.
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
dates 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, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork
[[Page 17885]]
Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's
Order No. 8-2020 (85 FR 58393).
Signed at Washington, DC, on March 5, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-05147 Filed 3-11-24; 8:45 am]
BILLING CODE 4510-26-P
