[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5587-5589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2492]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0133(2004)]


Asbestos in General Industry Standard (29 CFR 1910.1001); 
Extension of the Office of Management and Budget's Approval of 
Information-Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

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[[Page 5588]]

SUMMARY: OSHA solicits comments concerning its request for an extension 
of the information-collection requirements contained in its Asbestos in 
General Industry Standard (29 CFR 1910.1001 (the ``Standard'')). The 
standard protects employees from adverse health effects from 
occupational exposure to Asbestos in General Industry, including 
asbestosis, an emphysema-like condition; lung cancer; mesothelioma; and 
gastrointestinal cancer.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by April 5, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by April 5, 2004.

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-1218-0133(2004), 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 1218-0133(2004), 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 Web site at http://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 can 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-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments in response to this document by (1) hard 
copy, (2) FAX transmission (facsimile), or (3) electronically through 
the OSHA webpage. Please note you cannot attach materials such as 
studies or journal articles to electronic comments. If you have 
additional materials, you must submit three copies of them to the OSHA 
Docket Office at the address above. The additional materials must 
clearly identify your electronic comments by name, date, subject and 
docket number so we can attach them to your comments. Because of 
security-related problems there may be a significant delay in the 
receipt of comments by regular mail. Please contact the OSHA Docket 
Office at (202) 693-2350 for information about security procedures 
concerning the delivery of material by express delivery, hand delivery 
and messenger service.

II. 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 general public and 
Federal agencies 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 costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information-
collection burden is correct. The Occupational Safety and Health Act of 
1970 (the ``Act'') authorizes information collection by employers as 
necessary of 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 basic purpose of the information-collection requirements in the 
Standard is to document that employers in general industry are 
providing their employees with protection from hazardous asbestos 
exposure. Asbestos exposure results in asbestos, an emphysema-like 
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
    Several provisions of the Standard specify paperwork requirements, 
including: Implementing an exposure monitoring program that notifies 
employees of their exposure-monitoring results; establishing a written 
compliance program; and informing laundry personnel of the requirement 
to prevent release of airborne asbestos above the time-weighted average 
and excursion limit. Other provisions associated with paperwork 
requirements include: Maintaining records of information obtained 
concerning the presence, location, and quantity of asbestos-containing 
materials (ACMs) and/or presumed asbestos-containing materials (PACMs) 
in a building/facility; notifying housekeeping employees of the 
presence and location of ACMs and PACMs in areas they may contact 
during their work; posting warning signs demarcating regulated areas; 
posting signs in mechanical rooms/areas that employees may enter and 
that contain ACMs and PACMs, informing them of the identify and 
location of these materials and work practices that prevent disturbing 
the materials; and affixing warning labels to asbestos-containing 
products and to containers holding such products. Additional provisions 
that contain paperwork requirements include: Developing specific 
information and training programs for employees; using information, 
data, and analyses to demonstrate that PACM does not contain asbestos; 
providing medical surveillance for employees potentially exposed to 
ACMs and/or PACM's, including administering an employee medical 
questionnaire, providing information to the examining physician, and 
providing the physician's written opinion to the employee; maintaining 
exposure-monitoring records, objective data used for exposure 
determinations, and medical-surveillance; making specified record (e.g. 
exposure-monitoring and medical-surveillance records) available to 
designated parties; and transferring exposure-monitoring and medical-
surveillance records to the National Institute for Occupational Safety 
and Health on cessation of business.
    These paperwork requirements permit employers, employees and their 
designated representatives, OSHA, and other specified parties to 
determine the effectiveness of an employer's asbestos-control program. 
Accordingly, the requirements ensure that employees exposed to asbestos 
receive all of the protection afforded by the Standard.

III. 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

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Agency's functions, including whether the information is useful;
    --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.

IV. Proposed Actions

    OSHA is proposing to extend the information-collection requirements 
in the Asbestos in General Industry (29 CFR 1910.1001).
    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 contained to 
the Asbestos in General Industry (29 CFR 1910.1001).
    Type of Review: Extension of currently approved information-
collection requirements.
    Title: Asbestos in General Industry (29 CFR 1910.1001).
    OMB Number: 1218-0133.
    Affected Public: Business or other for-profit organizations; 
Federal, State, Local, or Tribal Governments.
    Number of Respondents: 243.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes to maintain 
records to 1.5 hours for employees to receive training or medical 
evaluation.
    Responses: 65,893.
    Estimated Total Burden Hours: 23,849.
    Estimated Cost (Operation and Maintenance): 1,625,143.

V. 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).

    Signed at Washington, DC on January 30, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-2492 Filed 2-4-04; 8:45 am]
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