Occupational Exposure to Beryllium and Beryllium Compounds in the Shipyard Sector; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements, 17880-17882 [2024-05245]
Download as PDF
<![CDATA[
17880
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
The Labor
Market Information (LMI) Cooperative
Agreement application package includes
all information needed by the State
Workforce Agencies to apply for funds
to assist them in operating one or more
of the four LMI programs operated by
the Bureau of Labor Statistics, and, once
awarded, report on the status of
obligation and expenditure of funds, as
well as close out the Cooperative
Agreement. For additional substantive
information about this ICR, see the
related notice published in the Federal
Register on December 8, 2024 (88 FRN
85658).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
Agency: DOL–BLS.
Title of Collection: BLS Labor Market
Information Cooperative Agreement
Application Package.
OMB Control Number: 1220–0079.
Affected Public: State, Local and
Tribal.
Total Estimated Number of
Respondents: 54.
Total Estimated Number of
Responses: 933.
Total Estimated Annual Time Burden:
756 hours.
Total Estimated Annual Other Costs
Burden: $0.
SUPPLEMENTARY INFORMATION:
(Authority: 44 U.S.C. 3507(a)(1)(D))
Nicole Bouchet,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024–05153 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–24–P
DEPARTMENT OF LABOR
khammond on DSKJM1Z7X2PROD with NOTICES
Agency Information Collection
Activities; Submission for OMB
Review; BLS Occupational Safety and
Health Statistics Cooperative
Agreement Application Package
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Bureau of Labor
Statistics (BLS)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
SUMMARY:
VerDate Sep<11>2014
19:36 Mar 11, 2024
Jkt 262001
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
The OMB will consider all
written comments that the agency
receives on or before April 12, 2024.
DATES:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Nicole Bouchet by telephone at 202–
693–0213, or by email at DOL_PRA_
PUBLIC@dol.gov.
The BLS
signs cooperative agreements with
States, and political subdivisions
thereof, to assist them in developing and
administering programs that deal with
occupational safety and health statistics
and to arrange through these agreements
for research to further the objectives of
the Occupational Safety and Health Act.
For additional substantive information
about this ICR, see the related notice
published in the Federal Register on
December 8, 2023 (88 FRN 85657).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
Agency: DOL–BLS.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
Title of Collection: BLS Occupational
Safety and Health Statistics Cooperative
Agreement Application Package.
OMB Control Number: 1220–0149.
Affected Public: State, Local and
Tribal Governments.
Total Estimated Number of
Respondents: 55.
Total Estimated Number of
Responses: 493.
Total Estimated Annual Time Burden:
462 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Nicole Bouchet,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024–05242 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2024–0001]
Occupational Exposure to Beryllium
and Beryllium Compounds in the
Shipyard Sector; 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 the Shipyard Sector.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
13, 2024.
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
SUMMARY:
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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–2024–0001) 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 is
specified by the beryllium standards in
the Shipyard Sector helps protect
workers from harmful elements when
exposed to permissible exposure limits
of beryllium and beryllium compounds
VerDate Sep<11>2014
19:36 Mar 11, 2024
Jkt 262001
in the workplace. The following
information collection requirements
contained in the shipyard sector in the
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 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
permissible exposure limit (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
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
17881
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.
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) 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
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
E:\FR\FM\12MRN1.SGM
12MRN1
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).
khammond on DSKJM1Z7X2PROD with NOTICES
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;
VerDate Sep<11>2014
19:36 Mar 11, 2024
Jkt 262001
• 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://
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17880-17882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05245]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2024-0001]
Occupational Exposure to Beryllium and Beryllium Compounds in the
Shipyard Sector; Extension of the Office of Management and Budget's
(OMB) Approval of Information Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: OSHA solicits public comments concerning 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 the Shipyard Sector.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 13, 2024.
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
[[Page 17881]]
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-2024-0001) 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 is specified by the beryllium
standards in the Shipyard Sector helps protect workers from harmful
elements when exposed to permissible exposure limits of beryllium and
beryllium compounds in the workplace. The following information
collection requirements contained in the shipyard sector in the
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 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 permissible exposure limit (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.
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) 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 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
[[Page 17882]]
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 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 for-profits; 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://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
