Federal Register: October 29, 2009 (Volume 74, Number 208)
DOCID: fr29oc09-104 FR Doc E9-26075
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Docket ID: [Docket No. OSHA-2009-0040]
NOTICE: NOTICES
DOCID: fr29oc09-104
DOCUMENT ACTION: Request for public comment.
SUBJECT CATEGORY:
The Standard on 4,4'-Methylenedianiline in General Industry; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
DATES: Comments must be submitted (postmarked, sent, or received) by December 28, 2009.
DOCUMENT SUMMARY:
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Standard on 4,4' Methylenedianiline in General Industry (29 CFR 1910.1050).
SUMMARY:
Agency Information Collection Activities; Proposals, Submissions, and Approvals
SUPPLEMENTAL INFORMATION
I. Background
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657).
The information collection requirements specified in the 4,4' Methylenedianiline Standard in General Industry (the ``MDA Standard'') (29 CFR 1910.1050) protect workers from the adverse health effects that may result from their exposure to MDA, including cancer, liver and skin disease. The major paperwork requirements specify that employers must perform initial, periodic, and additional exposure monitoring; notify each worker in writing of their results as soon as possible but no later than 5 days after receiving exposure monitoring results; and routinely inspect the hands, face, and forearms of each worker potentially exposed to MDA for signs of dermal exposure to MDA. Employers must also: Establish a written compliance program; institute a respiratory protection program in accordance with 29 CFR 1910.134 (OSHA's Respiratory Protection Standard); and develop a written emergency plan for any construction operation that could have an emergency (i.e., an unexpected and potentially hazardous release of MDA).
Employers must label any material or products containing MDA,
including containers used to store MDAcontaminated protective clothing and
[[Page 55861]]
equipment. They also must inform personnel who launder MDAcontaminated
clothing of the requirement to prevent release of MDA, while personnel
who launder or clean MDAcontaminated protective clothing or equipment
must receive information about the potentially harmful effects of MDA.
In addition, employers are to post warning signs at entrances or
accessways to regulated areas, as well as train workers exposed to MDA
at the time of their initial assignment, and at least annually thereafter.
Other paperwork provisions of the MDA Standard require employers to provide workers with medical examinations, including initial, periodic, emergency and followup examinations. As part of the medical surveillance program, employers must ensure that the examining physician receives specific written information, and that they obtain from the physician a written opinion regarding the worker's medical results and exposure limitations.
The MDA Standard also specifies that employers are to establish and maintain exposure monitoring and medical surveillance records for each worker who is subject to these respective requirements, make any required record available to OSHA compliance officers and the National Institute for Occupational Safety and Health (NIOSH) for examination and copying, and provide exposure monitoring and medical surveillance records to workers and their designated representatives. Finally, employers who cease to do business within the period specified for retaining exposure monitoring and medical surveillance records, and who have no successor employer, must notify NIOSH at least 90 days before disposing of the records and transmit the records to NIOSH if so requested.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the collection of information requirements contained in the 4,4'Methylenedianiline in General Industry Standard (29 CFR 1910.1050). The Agency is requesting an adjustment to the burden hours from 293 hours to 310 hours (an increase of 17 burden hours). This increase is the result of increasing the job turnover rate from 10% to 27%, resulting in an increased number of workers that are receiving medical examinations and being trained.
OSHA will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of the information collection requirements contained in the Standard.
Type of Review: Extension of a currently approved collection.
Title: 4,4'Methylenedianiline in General Industry (29 CFR 1910.1050).
OMB Number: 12180184.
Affected Public: Business or other forprofits; notforprofit
institutions; Federal Government; State, Local, or Tribal Governments. Total Respondents: 10.
Frequency: On occasion.
Estimated Time per Response: Varies from 5 minutes (.08 hour) for
employers to provide information to the physician to 2 hours for initial monitoring.
Total Burden Hours: 310.
Estimated Cost (Operation and Maintenance): $21,428. IV. Public ParticipationSubmission of Comments on This Notice and Internet Access to Comments and Submissions
You may submit comments in response to this document as follows: (1) Electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All comments, attachments, and other material must identify the Agency name and OSHA docket number for the ICR (Docket No. OSHA20090040). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments.
Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at (202) 6932350 (TTY (877) 8895627).
Comments and submissions are posted without change at http:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as Social Security numbers and date of birth. Although all submissions are listed in the http:// www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the http://www.regulations.gov Web site to submit comments and access the docket is available through the Web site's ``User Tips'' link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions.
V. Authority and Signature
Jordan Barab, 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. 52007 (72 FR 31160).
Signed at Washington, DC, this 26th day of October 2009. Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E926075 Filed 102809; 8:45 am]
BILLING CODE 451026P
FOR FURTHER INFORMATION CONTACT
Jamaa N. Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 6932222.