[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Notices]
[Pages 25611-25613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10468]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0180(2004)]


Bloodborne Pathogens Standard; 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 comment.

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SUMMARY: OSHA solicits comments concerning its request for an extension 
of the information-collection requirements contained in the Bloodborne 
Pathogens Standard (29 CFR 1910.1030). Included in this request are 
information-collection requirements that are currently approved under 
OMB control number 1218-0246, Bloodborne Pathogens Standard 
(Needlestick Safety and Prevention Act).

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by July 6, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by July 6, 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 1218-0180 (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., e.s.t.
    Fscsimile: 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 1218-0180 (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 www.osha.gov. The 
supporting statement is available for inspection and copying in the 
OSHA Docket Office, at the address listed

[[Page 25612]]

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 Web page. 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 that 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 program to provide the 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 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).
    Currently the information-collection requirements contained in the 
Bloodborne Pathogens Standard (29 CFR 1910.1030) are approved by OMB 
under two separate OMB control numbers. Initially, there was one 
Information Collection Request (ICR) for the Bloodborne Pathogens 
Standard titled ``Bloodborne Pathogens Standard (29 CFR 1910.1030),'' 
approved under OMB control number 1218-0180. On January 18, 2001, the 
Agency revised the Bloodborne Pathogens Standard (66 FR 5318) in 
conformance with the requirements of the Needlestick Safety and 
Prevention Act (NSPA) (Pub. L. 106-430, Nov. 6, 2000). This revision 
contained new information-collection requirements including requiring 
employers who have exposure control plans in accordance with Sec.  
1910.1030(c)(1)(iv) to: (a) Review and update such plans to reflect 
changes in technology that eliminate or reduce exposure to bloodborne 
pathogens; (b) Document consideration and implementation of appropriate 
commercially available and effective safe medical devices designed to 
eliminate or minimize occupational exposure; and (c) Solicit input from 
non-managerial employees responsible for direct patient care who are 
potentially exposed to injuries from contaminated sharps in the 
identification, evaluation, and selection of effective engineering and 
work practice controls, and to document the solicitation in the 
Exposure Control Plans.
    In addition, the NSPA required employers who currently maintain a 
log of occupational injuries and illnesses under 29 CFR 1904 to 
``establish and maintain a sharps injury log for the recording of 
percutaneous injuries from contaminated sharps. The information in the 
sharps injury log must be recorded and maintained so that the 
confidentiality of the injured worker is protected. The log must 
contain at least the following information: ``(A) The type and brand of 
device involved in the incident; (B) The department or work area where 
the exposure incident occurred; and (C) An explanation of how the 
incident occurred.''
    These NSPA information-collection requirements were approved in the 
ICR titled ``Bloodborne Pathogens Standard (Needlestick Safety and 
Prevention Act),'' OMB control number 1218-0246. These information-
collection requirements are now being incorporated into the existing 
Bloodborne Pathogens Standard (29 CFR 1910.1030), OMB control number 
1218-0180.
    The major information-collection provisions currently approved 
under 1218-0180 require employers to: Develop and maintain exposure 
control plans; develop a housekeeping schedule; provide employees with 
HBV vaccinations, as well as post-exposure medical evaluations and 
follow-ups; provide employees with information and training; maintain 
medical and training records for specified periods; and provide OSHA, 
the National Institute for Occupational Safety and Health, employees 
and their authorized representatives with access to these records. In 
addition, HIV and HBV research laboratories and production facilities 
must also adopt or develop, and review at least once a year, a 
biosafety manual.

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 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 incorporating the ``Bloodborne Pathogens Standard 
(Needlestick Safety and Prevention Act)'' information-collection 
requirements into the Bloodborne Pathogens Standard (29 CFR 1910.1030), 
OMB Control number 1218-0180. The total burden for the Bloodborne 
Pathogens Standard is 14,071,556 hours. This is an increase of 115,730 
hours from the existing total of 13,955,826 hours for the two separate 
ICRs of 13,955,826 hours. The Bloodborne Pathogens Standard (29 CFR 
1910.1030) totals 12,719,062 hours and Bloodborne Pathogens Standard 
(Needlestick Safety and Prevention Act) totals 1,236,764 hours. The 
increase is primarily the result of increasing the number of 
establishments contained in the ICR.
    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 currently approved information-
collection requirements.

[[Page 25613]]

    Title: Bloodborne Pathogens Standard (29 CFR 1910.1030).
    OMB Number: 1218-0180.
    Affected Public: Business or other for-profit organizations; Not-
for-profit institutions; Federal, State, local, or tribal governments.
    Number of Respondents: 630,021.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes (.08 hour) to 
maintain records to 1.5 hours for employees to receive training or 
medical evaluations.
    Responses: 7,362,173.
    Estimated Total Burden Hours: 14,071,556.
    Estimated Cost (Operation and Maintenance): $27,373,738.

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 May 3, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-10468 Filed 5-6-04; 8:45 am]
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