[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38104-38105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12393]



[[Page 38104]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0043]


Access to Employee Exposure and Medical Records 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 the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Access to Employee 
Exposure and Medical Records.

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 11, 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.
    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 at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2009-0043) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
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.

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 the 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, the 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 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 upon 
employers, especially those operating small businesses, and to reduce 
to the maximum extent feasible unnecessary duplication of effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it.
    Under the authority granted by the OSH Act, OSHA published a health 
regulation governing access to employee exposure monitoring data and 
medical records. This regulation does not require employers to collect 
any information or to establish any new systems of records. Rather, it 
requires that employers provide workers, their designated 
representatives, and OSHA with access to employee exposure monitoring 
and medical records, and any analyses resulting from these records that 
employers must maintain under OSHA's toxic chemical and harmful 
physical agent standards. In this regard, the regulation specifies 
requirements for record access, record retention, worker information, 
trade secret management, and record transfer. Accordingly, the agency 
attributes the burden hours and costs associated with exposure 
monitoring and measurement, medical surveillance, and the other 
activities required to generate the data governed by the regulation to 
the standards that specify these activities; therefore, OSHA did not 
include these burden hours and costs in this ICR.
    Access to exposure and medical information enables employees and 
their designated representatives to become directly involved in 
identifying and controlling occupational health hazards, as well as 
managing and preventing occupationally-related health impairment and 
disease. Providing the agency with access to the records permits the 
agency to ascertain whether or not employers are complying with the 
regulation, as well as with the recordkeeping requirements of OSHA's 
other health standards; therefore, OSHA access provides additional 
assurance that workers and their designated representatives are able to 
obtain the data they need to conduct their analyses.

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 a burden hour adjustment increase of 
60,537 burden hours from 755,475 to 816,012 hours. This is the result 
of an adjustment of the number of

[[Page 38105]]

establishments used in this analysis based on updated data.
    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: Access to Employee Exposure and Medical Records.
    OMB Control Number: 1218-0065.
    Affected Public: Business or other for-profits.
    Number of Respondents: 790,164.
    Number of Responses: 7,342,641.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 816,012.
    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), if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; or (3) by hard copy. All comments, 
attachments, and other material must identify the agency name and the 
OSHA docket number for the ICR OSHA-2009-0043. You may supplement 
electronic submissions by uploading document files electronically.
    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 from 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 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-12393 Filed 6-9-23; 8:45 am]
BILLING CODE 4510-26-P