[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78773-78775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31753]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0031]


The Standard on 4, 4'--Methylenedianiline (MDA) in Construction; 
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.

-----------------------------------------------------------------------

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 (MDA) in Construction (29 CFR 1926.60).

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 16, 2016.

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-2012-0031, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 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-2012-0031) for this 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)(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

[[Page 78774]]

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 information collection requirements specified in the 4',4'--
Methylenedianiline Standard for Construction (the ``MDA Standard'') (29 
CFR 1926.60) protect employees 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 
longer 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 accord with 29 CFR 1910.134 (OSHA's 
Respiratory Protection Standard); and develop a written emergency plan 
for any construction operation that could have an MDA 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 MDA-contaminated protective clothing 
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA, and 
personnel who launder or clean MDA-contaminated protective clothing or 
equipment must receive information about the potentially harmful 
effects of MDA. In addition, employers must post warning signs at 
entrances or access ways 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 follow-up 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 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.

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

    The Agency is requesting an adjustment decrease of 43 burden hours 
to 986 burden hours. The decrease is a result of removing burden hours 
for training because the Agency, upon further consideration, does not 
believe that training is covered by the PRA.
    The Agency 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 in the MDA Standard.
    Type of Review: Extension of a currently approved collection.
    Title: 4, 4'--Methylenedialine in Construction Standard (29 CFR 
1926.60).
    OMB Control Number: 1218-0183.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, Local, or Tribal Government.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes (.08 hour) for 
employers to provide information to the physician to 2 hours for 
initial monitoring.
    Estimated Total Burden Hours: 986.
    Number of Respondents: 2,469.
    Total Number of Responses: 2,558.
    Estimated Cost (Operation and Maintenance): $0.

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-2012-0031) 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

[[Page 78775]]

U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on December 14, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-31753 Filed 12-16-15; 8:45 am]
BILLING CODE 4510-26-P