[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17882-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05147]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0010]


Occupational Exposure to Beryllium and Beryllium Compounds in 
General Industry; 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 Occupational 
Exposure to Beryllium and Beryllium Compounds in General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 13, 2024.

[[Page 17883]]


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 websites. 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-2019-0010) 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, 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 purpose of these requirements specified by the beryllium 
standards in General Industry help protect workers from harmful 
elements when exposed to permissible exposure limit (PEL) of beryllium 
and beryllium compounds in the workplace. The information collection 
requirements contained in the general industry standard are described 
below.
    Paragraph (d)(2) contains the performance option where the employer 
must assess the 8-hour time weighted average (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 and the 
15-minute short-term 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. Where the most recent exposure monitoring 
indicates that airborne exposure is above the TWA PEL or above the 
short-term exposure limit (STEL), the employer must repeat such 
monitoring within three months of the most recent 8-hour TWA exposure 
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; or (C) Is exposed to beryllium during 
an emergency; or (D) Most recent written medical opinion required by 
paragraph (k)(6) or (k)(7) recommended 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

[[Page 17884]]

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 required 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.
    Under paragraph (l)(1) of medical removal the employer is required 
to remove an employee that is eligible for medical removal if the 
employee works in a job with airborne exposure at or above the action 
level and either: (i) the employee provides the employer with a written 
medical report indicating a confirmed positive finding or CBD diagnosis 
or a written medical report recommending removal from airborne exposure 
to beryllium in accordance with paragraph (k)(5)(v) or (k)(7)(ii) of 
the standard; or (ii) the employer receives a written medical opinion 
recommending removal from airborne exposure to beryllium in accordance 
with paragraph (k)(6)(v) or (k)(7)(iii) of the standard.
    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, 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 with the Record 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 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, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in the Occupational Exposure to 
Beryllium and Beryllium Compounds in General Industry. The agency is 
requesting an adjustment decrease in burden from 82,822 to 32,587 
hours, a difference of 50,235 hours. This decrease in burden is due to 
removing rule familiarization from this ICR and reducing the rate of 
non-compliance for employers.
    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: Occupational Exposure to Beryllium and Beryllium Compounds 
Standard in General Industry.
    OMB Control Number: 1218-0267.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Respondents: 4,538.
    Number of Responses: 52,956.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 32,587.
    Estimated Cost (Operation and Maintenance): $6,365,761.

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; or (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. All comments, attachments, and 
other material must identify the agency name and the OSHA docket number 
for the ICR (OSHA-2019-0010). You may supplement electronic submission 
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

[[Page 17885]]

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, on March 5, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-05147 Filed 3-11-24; 8:45 am]
BILLING CODE 4510-26-P