[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7760-7762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02366]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0004]


Cadmium in Construction 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 the Office of Management and Budget (OMB) approval of the 
information collection requirements specified in its Standard on 
Cadmium in Construction.

[[Page 7761]]


DATES: Comments must be submitted (postmarked, sent, or received) by 
April 7, 2023.

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.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2012-0004) for the Information Collection Request 
(ICR). OSHA will place all comments, including personal information you 
provide, in the public docket without change, which may be available 
online at http://www.regulations.gov. Therefore, OSHA cautions 
interested parties about submitting personal information such as social 
security numbers and birthdates. 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. 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 through the 
website. All submissions, including copyrighted material, are available 
for inspection and copying through the OSHA Docket Office. Contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for 
assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
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 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 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 (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 (See 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 effort in obtaining information (See 29 U.S.C. 657).
    The Standard on Cadmium in Construction (29 CFR 1926.1127) requires 
initial and periodic exposure monitoring and measurements, medical 
surveillance by physicians through biological monitoring and 
examinations, and recordkeeping and notification obligations. These 
requirements help protect workers from the adverse health effects that 
may result from their occupational involvement with Cadmium, and 
provide access to these records by OSHA, the National Institute for 
Occupational Safety and Health (NIOSH), the affected workers, and 
designated representatives. The major information collection 
requirements of this standard include the following elements of the 
Standard.

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 to 
protect workers, 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 increase in the burden hour estimate of 
16,226 hours (from 34,000 hours to 50,226 hours). Upon further review, 
the agency realized that the requirement to develop and implement 
emergency plans under Emergency Situations (Sec.  1926.1127(h)) is a 
burden to employers. Additionally, the agency assumes that under this 
requirement 10% of employers must update their emergency plan as 
needed. Finally, under the Recordkeeping requirement (Sec.  
1926.1127(n)), the agency added five minutes to collect and maintain 
records for exposure monitoring samples. OSHA is requesting to retain 
the same capital cost for operation and maintenance of $2,082,199.
    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 a currently approved collection.
    Title: Cadmium in Construction Standard (29 CFR 1926.1127).
    OMB Control Number: 1218-0186.
    Affected Public: Business or other for-profits; Federal Government; 
State, local, or Tribal government.
    Number of Respondents: 10,000.
    Number of Responses: 335,082.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 50,226.
    Estimated Cost (Operation and Maintenance): $2,082,199.

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-2012-0004). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or a 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 that the agency can attach 
them to your comments.

[[Page 7762]]

    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 
dates 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 for information about materials not available 
from the website, and for assistance in using the internet to locate 
docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy 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 in Washington, DC, on January 31, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-02366 Filed 2-3-23; 8:45 am]
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