[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Notices]
[Pages 41401-41403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17633]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0184(2003)]


4,4[min]-Methylenedianiline (MDA) General Industry Standard (29 
CFR 1910.1050); 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 comment.

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SUMMARY: OSHA solicits comments concerning its proposal to increase the 
existing burden-hours estimates, and to extend OMB approval of the 
information-collection requirements of the 4,4[min]-Methylenedianiline 
General Industry Standard (the ``MDA General Industry Standard'') (29 
CFR

[[Page 41402]]

1910.1050).\1\ The standard protects employees from adverse health 
effects from occupational exposure to MDA, including cancer and liver 
disease.
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    \1\ Based on its assessment of the paperwork requirements 
contained in this standard, the Agency estimates that the total 
burden hours increased compared to its previous burden-hour 
estimate. Under this notice, OSHA is not proposing to revise these 
paperwork requirements in any substantive manner, only to increase 
the burden hours imposed by the existing paperwork requirements.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by September 9, 2003.
    Facsimile and electronic transmission: Your comments must be sent 
by September 9, 2003.

ADDRESSES:

I. Submission of Comments

    Regular mail, express delivery, hand-delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Docket No. ICR-1218-0184(2003), Room N-2625, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210. OSHA Docket 
Office and Department of Labor hours of operation are 8:15 a.m. to 4:45 
p.m., EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number ICR 1218-0184(2003), in 
your comments.
    Electronic: You may submit comments, but not attachments, through 
the Internet at http://ecomments.osha.gov.

II. Obtaining Copies of the Supporting Statement for the Information 
Collection Request

    The Supporting Statement for the Information Collection Request is 
available for downloading from OSHA's website at www.osha.gov. The 
supporting statement is available for inspection and copying in the 
OSHA Docket Office, at the address listed above. A printed copy of the 
supporting statement cab be obtained by contacting Todd Owen at (202) 
693-2222.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
and Guidance, OSHA, U.S. Department of Labor, Room N-3641, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
2222. A copy of the Agency's Information-Collection Request (ICR) 
supporting the need for the information-collection requirements 
specified in the MDA General Industry Standard is available for 
inspection and copying in the Docket Office, or by requesting a copy 
from Todd Owen at (202) 693-2222. For electronic copies of the ICR 
contact OSHA on the Internet at http://www.osha.gov/comp-links.html, 
and select ``Information Collection Requests.''

SUPPLEMENTARY 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 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and cost) 
is minimal, collection instruments are clearly understandable, and 
OSHA's estimate of the information-collection burden is correct. The 
Occupational Safety and Health Act of the 1970 (the Act) authorizes 
information collection by employers as necessary or appropriate for 
enforcement of the Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents (29 U.S.C. 657).
    The information-collection requirements specified in the MDA 
General Industry Standard protect employees from the adverse health 
effects that may result from their exposure to MDA. The major 
information-collection requirements of the MDA General Industry 
Standard require employers to perform exposure monitoring; exposure 
monitoring includes initial monitoring to determine the extent of 
employee exposure to MDA; periodic (i.e., at least semi-annually) 
monitoring if the employees' MDA exposures is at or below the 
permissible exposure limit but above the action level; and additional 
monitoring if any changes occur in MDA-production processes, control 
equipment, personnel or work practices that may result in new or 
increased employee exposures to MDA. Employers must routinely inspect 
the hands, face and forearms of employees potentially exposed to MDA 
for dermal exposure to MDA. Employers must also notify each employee in 
writing, either individually or by posting results, within 15 days 
after receiving exposure-monitoring results, establish 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 workplace that 
could have an emergency (i.e. an unexpected and potentially hazardous 
release of MDA).
    Other paperwork requirements of the Standard specify that employers 
must provide employees with medical examinations, including initial 
examinations for new employees prior to their initial job assignment; 
follow-up annual examinations for employees receiving initial medical 
examinations; and emergency examinations if employees receive 
potentially hazardous MDA exposures under emergency conditions. As part 
of the medical-surveillance program, employers must provided specific 
written information to the examining physicians, and obtain from these 
physicians a written opinion regarding the employee's medical results 
and exposure limitations.
    Additional provisions of the Standard require employers to train 
employees exposed to MDA at the time of their initial assignment and at 
least annually thereafter. In addition, employers must post warning 
signs at entrances or access ways to regulated areas; and label any 
material or products containing MDA, this includes any containers 
storing MDA-contaminated protective clothing and equipment. Personnel 
who launder MDA-contaminated clothing must be informed by the employer 
that the clothing is contaminated and the potentially harmful effects 
of MDA.
    The Standard also requires employers to establish and maintain 
exposure-monitoring and medical-surveillance records for each employee 
who is subject to these respective requirements, make any record 
required by the Standard available to OSHA compliance officers and the 
National Institute for Occupational Safety and Health (NIOSH) for 
examination and copying, and provides exposure-monitoring and medical-
surveillance records to employees and their designated representatives. 
Finally, employers who cease to do business without a successor 
employer to receive and retain records for the require periods, and 
employers who plan to dispose of records at the end of the required 
retention periods, must transfer these records to NIOSH.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:

--Whether the information-collection requirements are necessary for the 
proper performance of the Agency's functions, including whether the 
information is useful;

[[Page 41403]]

--The accuracy of the Agency'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 proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection-of-information requirements specified by the 
Standards on 4, 4'-Methylenedianiline in General Industry (29 CFR 
1910.1050). The Agency 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 these information-collection 
requirements.
    Type of Review: Extension of currently approved information-
collection requirements.
    Title: MDA General Industry Standard (29 CFR 1910.1050).
    OMB Number: 1218-0184(2003).
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local or tribal Governments.
    Number of Respondents: 15.
    Frequency: On occasion.
    Total Responses: 807.
    Average Time per Response: Varies from 5 minutes to provide 
information to the examining physician to 2 hours to conduct exposure-
monitoring.
    Estimated Total Burden Hours: 387 hours.
    Estimated Cost (Operation and Maintenance): $11,430.

III. Authority and Signature

    John L. Henshaw, 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) and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Dated: Signed at Washington, DC, on July 7, 2003.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 03-17633 Filed 7-10-03; 8:45 am]
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