[Federal Register Volume 79, Number 233 (Thursday, December 4, 2014)]
[Notices]
[Pages 72031-72033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28500]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0196]


The Vinyl Chloride 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Vinyl Chloride Standard (29 CFR 1910.1017).

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 2, 2015.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0196, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Department of Labor's and Docket Office's normal 
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (OSHA-2011-0196) for the Information Collection 
Request (ICR). All comments, including any personal information you 
provide, are placed in the public docket without change, and may be 
made available online at http://www.regulations.gov. For further 
information on submitting comments see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or 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. 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 accord 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 accurate. The

[[Page 72032]]

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 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 efforts in obtaining 
information (29 U.S.C. 657).
    The Standard specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Vinyl Chloride (VC) Standard.

(A) Exposure Monitoring (Sec.  1910.1017(d) and (Sec.  1910.1017(n))

    Paragraph 1910.1017(d)(2) requires employers to conduct exposure 
monitoring at least quarterly if the results show that worker exposures 
are above the permissible exposure limit (PEL), while those exposed at 
or above the Action Level (AL) must be monitored no less than 
semiannually. Paragraph (d)(3) requires that employers perform 
additional monitoring whenever there has been a change in VC 
production, process or control that may result in an increase in the 
release of VC.
    Paragraph 1910.1017(n) requires employers to inform each worker of 
their exposure monitoring results within 15 working days after 
receiving these results. Employers may notify workers either 
individually in writing or by posting the monitoring results in an 
appropriate location that is accessible to the workers. In addition, if 
the exposure monitoring results show that a worker's exposure exceeds 
the PEL, the employer must inform the exposed worker of the corrective 
action the employer is taking to prevent such overexposure.

(B) Written Compliance Plan (Sec. Sec.  1910.1017(f)(2) and (f)(3))

    Paragraph (f)(2) requires employers whose engineering and work 
practice controls cannot sufficiently reduce worker VC exposures to a 
level at or below the PEL to develop and implement a plan for doing so. 
Paragraph (f)(3) requires employers to develop this written plan and 
provide it upon request to OSHA for examination and copying. These 
plans must be updated annually.

(C) Respirator Program (Sec.  1910.1017(g)(2))

    When respirators are required, the employer must establish a 
respiratory protection program in accord with 1910.134, paragraphs (b) 
through (d) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) and (2)) and (f) 
through (m). Paragraph 1910.134(c) requires the employer to develop and 
implement a written respiratory protection program with worksite-
specific procedures and elements for required respirator use. The 
purpose of these requirements is to ensure that employers establish a 
standardized procedure for selecting, using, and maintaining 
respirators for each workplace where respirators will be used. 
Developing written procedures ensures that employers develop a 
respirator program that meets the needs of their workers.

(D) Emergency Plan (Sec.  1910.1017(i))

    Employers must develop a written operational plan for dealing with 
emergencies; the plan must address the storage, handling, and use of VC 
as a liquid or compressed gas. In the event of an emergency, 
appropriate elements of the plan must be implemented. Emergency plans 
must maximize workers' personal protection and minimize the hazards of 
an emergency.

(E) Medical Surveillance (Sec.  1910.1017(k))

    Paragraph (k) requires employers to develop a medical surveillance 
program for workers exposed to VC in excess of the action level. 
Examinations must be provided in accord with this paragraph at least 
annually. Employers must also obtain, and provide to each worker, a 
copy of a physician's statement regarding the worker's suitability for 
continued exposure to VC, including use of protective equipment and 
respirators, if appropriate.

(F) Communication of VC Hazards (Sec.  1910.1017(l))

    Under paragraph 1910.1017(l)(2), the employer shall include vinyl 
chloride and polyvinyl chloride (PVC) in the program established to 
comply with the Hazard Communication Standard (HCS) (Sec.  1910.1200). 
The employer shall ensure that each employee has access to labels on 
containers of chemicals and substances associated with vinyl and 
polyvinyl chloride and to safety data sheets, and is trained in accord 
with the provisions of HCS and paragraph (l) of this section. The 
employer shall ensure that at least the following hazard is addressed: 
Cancer.

(G) Recordkeeping (Sec.  1910.1017(m))

    Employers must maintain worker exposure and medical records. 
Medical and monitoring records are maintained principally for worker 
access, but are designed to provide valuable information to both 
workers and employers. The medical and monitoring records required by 
this standard will aid workers and their physicians in determining 
whether or not treatment or other interventions are needed for VC 
exposure. The information also will enable employers to ensure that 
workers are not being overexposed; such information may alert the 
employer that steps must be taken to reduce VC exposures.
    Exposure records must be maintained for at least 30 years, and 
medical records must be kept for the duration of employment plus 20 
years, or for a total of 30 years, whichever is longer. Records must be 
kept for extended periods because of the long latency period associated 
with VC-related carcinogenesis (i.e., cancer). Cancer often cannot be 
detected until 20 or more years after the first exposure to VC.

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, 
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 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Vinyl Chloride Standard. The 
Agency is requesting an adjustment decrease in burden hours from 549 to 
535 hours, a total decrease of 14 burden hours. The reduction is a 
result of few VC and PVC establishments identified for this ICR. The 
currently approved ICR estimates a total of 26 establishments, and this 
proposed ICR estimates a total of 24 establishments. The adjustment of 
the burden hours are shown in detail by provision in the supporting 
statement.

[[Page 72033]]

    Type of Review: Extension of a currently approved collection.
    Title: Vinyl Chloride Standard (29 CFR 1910.1017).
    OMB Control Number: 1218-0010.
    Affected Public: Business or other for-profits.
    Number of Respondents: 24.
    Frequency of Responses: On occasion; annually.
    Total Responses: 835.
    Average Time per Response: Varies from five minutes (.08 hour) for 
employers to maintain records to 12 hours for employers to update their 
compliance plans.
    Estimated Total Burden Hours: 535.
    Estimated Cost (Operation and Maintenance): $43,320.

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 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 the OSHA docket number (Docket No. OSHA-2011-0196) for the ICR. 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) 693-2350, (TTY (877) 889-5627).
    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 from 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 at the Web site's ``User Tips'' link. Contact 
the OSHA Docket Office for information about materials not available 
from the Web site, and for assistance in using the Internet to locate 
docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on December 1, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-28500 Filed 12-3-14; 8:45 am]
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