[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Notices]
[Pages 19602-19604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05735]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2024-0004]


Occupational Exposure to Beryllium and Beryllium Compounds 
Standard in the Construction 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.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Occupational 
Exposure to Beryllium and Beryllium Compounds Standard in the 
Construction Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 20, 2024.

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-2024-0004) 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

[[Page 19603]]

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 is specified by the beryllium 
standard for the construction industry help protect workers from 
harmful elements when exposed to permissible exposure limits of 
beryllium and beryllium compounds in the workplace.
    Paragraph (d)(2) contains the performance options 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 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 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 STEL, the employer must repeat such 
monitoring within three months of the most recent 8-hour TWA or short-
term 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.
    Under paragraph (k)(l)(i) 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) 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 option. 
Under (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)(iii) 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)(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 
Assistance Secretary, the Director, each employee, and each employee's 
designated representative(s) in accordance with the Records Access 
standard (29 CFR 1910.1020).

[[Page 19604]]

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 the Construction Industry. The 
agency is requesting an adjustment decrease in burden hours from 18,075 
hours to 7,047 hours, a difference of 11,028 hours. This decrease is 
due to the removal of the collection of information requirements for 
rule familiarization, and a decrease in the non-compliance rate by 60 
percent, since the standard has been in effect for the past three 
years.
    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 the Construction Industry.
    OMB Control Number: 1218-0275.
    Affected Public: Business or other for-profits.
    Number of Respondents: 2,100.
    Number of Responses: 12,642.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 7,407.
    Estimated Cost (Operation and Maintenance): $2,249,246.

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 (Docket No. OSHA-2024-0004). 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 submission, 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, on March 12, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-05735 Filed 3-18-24; 8:45 am]
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