[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45025-45026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11173]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0196]


Vinyl Chloride 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 the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Vinyl Chloride 
Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 22, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://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 https://www.regulations.gov. Documents in the docket are 
listed in the https://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-2011-0196) 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 following sections describe who uses the information collected 
under each requirement, as well as how they use it.

(A) Exposure Monitoring (Sec.  1910.1017(d)) and (Sec.  1910.1017(n))

    Paragraph 1910.1017(d)(2) requires employers to conduct exposure 
monitoring at least quarterly if the results show that worker exposures 
are above the permissible exposure limit (PEL), while those exposed at 
or above the Action Level (AL) must be monitored no less than 
semiannually. Paragraph (d)(3) requires that employers perform 
additional monitoring whenever there has been a change in VC 
production, process, or control that may result in an increase in the 
release of VC.

(B) Written Compliance Plan (Sec. Sec.  1910.1017(f)(2) and (f)(3))

    Paragraph (f)(2) requires employers whose engineering and work 
practice controls cannot sufficiently reduce worker VC exposures to a 
level at or below the PEL to develop and implement a plan for doing so. 
Paragraph (f)(3) requires employers to develop this written plan and 
provide it upon request to OSHA for examination and copying. These 
plans must be updated annually.

(C) Respirator Program (Sec.  1910.1017(g)(2))

    When respirators are required, the employer must establish a 
respiratory protection program in accordance with Sec.  1910.134, 
paragraphs (b) through (d) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) 
and (2)) and (f) through (m). Paragraph 1910.134(c) requires the 
employer to develop and implement a written respiratory protection 
program with worksite-specific procedures and elements for required 
respirator use. The purpose of these requirements is to ensure that 
employers establish a standardized procedure for selecting, using, and 
maintaining respirators for each workplace where respirators will be 
used. Developing written procedures ensures that employers develop a 
respirator program that meets the needs of their workers.

(D) Emergency Plan (Sec.  1910.1017(i))

    Employers must develop a written operational plan for dealing with 
emergencies; the plan must address the storage, handling, and use of VC 
as a liquid or compressed gas. In the event of an emergency, 
appropriate elements of the plan must be implemented. Emergency plans 
must maximize workers' personal protection and minimize the hazards of 
an emergency.

(E) Medical Surveillance (Sec.  1910.1017(k))

    Paragraph (k) requires employers to develop a medical surveillance 
program for workers exposed to VC in excess of the action level. 
Examinations must be provided in accordance with this paragraph at 
least annually. Employers must also obtain, and provide to each

[[Page 45026]]

worker, a copy of a physician's statement regarding the worker's 
suitability for continued exposure to VC, including use of protective 
equipment and respirators, if appropriate.

(F) Communication of VC Hazards (Sec.  1910.1017(l))

    Under paragraph 1910.1017(l)(1), Hazard Communication, the employer 
shall ensure that at least the following hazards are addressed: cancer; 
central nervous system effects; liver effects; blood effects; and 
flammability. Under paragraph 1910.1017(l)(1)(iii), the employer shall 
include vinyl chloride and polyvinyl chloride (PVC) in the program 
established to comply with the Hazard Communication Standard (HCS) 
(Sec.  1910.1200). The employer shall ensure that each employee has 
access to labels on containers of chemicals and substances associated 
with vinyl and polyvinyl chloride and to safety data sheets and is 
trained in accordance with the provisions of HCS and the paragraph (j) 
of this section.

(G) Recordkeeping (Sec.  1910.1017(m))

    Employers must maintain worker exposure and medical records. 
Medical and monitoring records are maintained principally for worker 
access but are designed to provide valuable information to both workers 
and employers. The medical and monitoring records required by this 
standard will aid workers and their physicians in determining whether 
or not treatment or other interventions are needed for VC exposure. The 
information also will enable employers to ensure that workers are not 
being overexposed; such information may alert the employer that steps 
must be taken to reduce VC exposures.
    Exposure records must be maintained for at least 30 years, and 
medical records must be kept for the duration of employment plus 20 
years, or for a total of 30 years, whichever is longer. Records must be 
kept for extended periods because of the long latency period associated 
with VC-related carcinogenesis (i.e., cancer). Cancer often cannot be 
detected until 20 or more years after the first exposure to VC.

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 Vinyl Chloride Standard. The 
agency is requesting an adjustment decrease in the burden hours amount 
from 602 hours to 592 hours, a difference of 10 hours.
    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: Vinyl Chloride Standard.
    OMB Control Number: 1218-0010.
    Affected Public: Business or other for-profits.
    Number of Respondents: 29.
    Number of Responses: 869.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 592.
    Estimated Cost (Operation and Maintenance): $32,193.

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 https://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-2011-0196). You may supplement electronic 
submission by uploading document files electronically.
    Comments and submissions are posted without change at https://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 https://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 https://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 May 15, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-11173 Filed 5-21-24; 8:45 am]
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