[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40083-40085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15845]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0010]


Beryllium Standards for General Industry; Extension for the 
Office of Management and Budget's (OMB) Approval of the Information 
Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits comments concerning the proposal to extend the 
Office of Management and Budget's (OMB) approval of the information 
collection requirements contained in the Beryllium Standards for 
General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
September 24, 2021.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2019-0010) for the Information Collection Request 
(ICR). All comments, including any personal information you provide 
such as social security numbers and date of birth, 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.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a 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) (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 (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

[[Page 40084]]

causes and prevention of occupational injuries, illnesses, and 
accidents (29 U.S.C. 657).
    This ICR is based on the 2017 final rule for Beryllium which 
includes general industry, construction, and maritime. Subsequently, 
the agency has proposed revisions to the beryllium standards. OSHA 
proposed revisions to the beryllium general industry standard in 
December 2018 (83 FR 63746) titled ``Occupational Exposure to Beryllium 
in General Industry,'' and to the beryllium construction and shipyard 
standards in October 2019 (84 FR 53902) titled ``Occupational Exposure 
to Beryllium in Construction and Shipyard Sectors.'' The agency is 
planning to finalize the beryllium standards in two separate 
rulemakings in the coming months. The modification and update of these 
beryllium standards will clarify the provisions contained in the 2017 
general industry standard and will better tailor the construction and 
shipyard standards to address the particular operations in these 
sectors involving exposure to beryllium. These two beryllium final 
rules contain information collection requirements that will have an 
impact on this ICR when they are published.
    The information collection requirements specified by the beryllium 
standards for general industry helps protect workers from harmful 
elements when exposed to permissible exposure limits of beryllium and 
beryllium compounds in the workplace. The information collection 
requirements in the 2017 Standards involve the following elements of 
the standard.
    Paragraph (d)(2) contains the performance options where the 
employer must assess the 8-hour TWA exposure and the 15-minute short-
term exposure for each employee on the basis of any combination of air 
monitoring data and objective data sufficient to accurately 
characterize airborne exposure to beryllium. Employers do not have to 
conduct initial exposure monitoring if they rely on objective data that 
would satisfy the exposure assessment requirements contained in this 
standard. Paragraph (d)(3) says the employer must perform initial 
monitoring to assess the 8-hour TWA exposure for each employee on the 
basis of one or more personal breathing zone air samples that reflect 
the airborne exposure of employees on each shift, for each job 
classification, and in each work area and the employer is required to 
do periodic monitoring when the most recent exposure monitoring 
indicates that airborne exposure is at or above the action level but at 
or below the TWA PEL, the employer must repeat such monitoring within 
six months of the most recent monitoring. Paragraph (d)(4) requires the 
employer to reassess airborne exposure whenever a change in the 
production, process, control equipment, personnel, or work practices 
may reasonably be expected to result in new or additional airborne 
exposure at or above the action level or STEL, or when the employer has 
any reason to believe that new or additional airborne exposure at or 
above the action level or STEL has occurred.
    In paragraph (f)(1)(i) the employer is required to establish, 
implement, and maintain a written exposure control plan and what 
information and procedures are included in the plan. Paragraph 
(f)(1)(ii) requires the employer to review and evaluate the 
effectiveness of each written exposure control plan at least annually 
and update it, as necessary. Also, in paragraph (f)(1)(iii) the 
employer must make a copy of the written exposure control plan 
accessible to each employee who is, or can reasonably be expected to 
be, exposed to airborne beryllium in accordance with OSHA's Access to 
Employee Exposure and Medical Records (Records Access) standard (29 CFR 
1910.1020(e)).
    Paragraph (g)(2) requires the employer to provide respiratory 
protection for the selection and use of respirators, medical 
evaluations of employees required to use respirators, respirator fit 
testing procedures for tight-fitting respirators and procedures for 
proper use of respirators in routine and reasonably foreseeable 
emergency situations.
    Paragraph (h)(3)(iii) requires the employer to inform in writing 
the persons or the business entities who launder, clean, or repair the 
personal protective clothing or equipment required by this standard of 
the potentially harmful effects of airborne exposure to and dermal 
contact with beryllium and that the personal protective clothing and 
equipment must be handled in accordance with this standard. This 
provision is intended to reduce exposure to beryllium for employees 
handling beryllium-contaminated materials by providing employers and 
employees handling these materials the information necessary to protect 
employees from beryllium exposure.
    Under paragraph (k)(1) the employer is required to make medical 
surveillance available at no cost to the employee, and at a reasonable 
time and place, to each employee who: (A) Is reasonably expected to be 
exposed at or above the action level for more than 30 days per year; 
(B) shows signs or symptoms of chronic beryllium disease (CBD) or other 
beryllium-related health effects; (C) is exposed to beryllium during an 
emergency; or (D) most recent written medical opinion required by 
paragraph (k)(6) or (k)(7) recommends periodic medical surveillance.
    In paragraph (k)(5) of medical surveillance, the employer is 
required to ensure that the employee receives a written medical report 
from the licensed physician within 45 days of the examination 
(including any follow-up beryllium lymphocyte proliferation test 
(BeLPT) required under paragraph (k)(3)(ii)(E) of this standard) and 
that the physician or other licensed health care professional (PLHCP) 
explains the results of the examination to the employee. The 
requirement for a written medical report ensures that the employee 
receives a record of all findings. In paragraph (k)(6) of medical 
surveillance the employer is required to obtain a written medical 
opinion from the licensed physician within 45 days of the medical 
examination and what must be contained in the written medical opinion. 
Under paragraph (k)(7) of medical surveillance, when being referred to 
the CBD Diagnostic Center, the employer is required to provide an 
evaluation at no cost to the employee at a CBD diagnostic center that 
is mutually agreed upon by the employer and the employee. The 
examination must be provided within 30 days of: (A) The employer's 
receipt of a physician's written medical opinion to the employer that 
recommends referral to a CBD diagnostic center; or (B) the employee 
presenting to the employer a physician's written medical report 
indicating that the employee has been confirmed positive or diagnosed 
with CBD, or recommending referral to a CBD diagnostic center. The 
employer must ensure that the employee receives all written medical 
reports from the CBD diagnostic center that contains all the 
information required in paragraph (k)(5)(i), (ii), (iv), and (v) and 
that the PLHCP explains the results of the examination to the employee 
within 30 days of the examination. Also, the employer is require to 
obtain a written medical opinion from the CBD diagnostic center within 
30 days of the medical examination and ensure that each employee 
receives a copy of the written medical opinion from the CBD diagnostic 
center within 30 days of any medical examination performed for that 
employee.
    In paragraph (m)(2) the employer is required to post warning signs 
at each approach to a regulated area. Paragraph (m)(3) requires the 
employer to label each bag and container of clothing,

[[Page 40085]]

equipment, and materials contaminated with beryllium.
    In paragraph (m)(4)(iv) the employer is required to make a copy of 
this standard and its appendices readily available at no cost to each 
employee and designated employee representative(s).
    Under paragraph (n) recordkeeping, the employer is required to make 
and maintain records for the air monitoring data, objective data, 
medical surveillance, and training. Access to these records must be 
made available upon request for examination and copying to the 
Assistant Secretary, the Director, each employee, and each employee's 
designated representative(s) in accordance the Records Access standard 
(29 CFR 1910.1020).

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 a program change decrease from 194,261 hours to 
82,822 hours, a difference of 111,439 hours in the burden. This is a 
revision to the currently approved Beryllium Information Collections 
for the general industry (29 CFR part 1910.1024) by removing those 
collection of information requirements contained in the construction 
and shipyard sectors from this ICR. OSHA is proposing that the burden 
hours and cost for maintenance and material remain the same. The agency 
will summarize the comments submitted in response to this notice and 
will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Beryllium Standards for General Industry (29 CFR part 
1910.1024).
    OMB Number: 1218-0267.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Respondents: 4,538.
    Frequency of Response: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 82,822.
    Estimated Cost (Operation and Maintenance): $18,741,540.

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. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2019-0010). 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.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available through the website, and 
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting 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 July 19, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-15845 Filed 7-23-21; 8:45 am]
BILLING CODE 4510-26-P