[Federal Register: May 18, 2009 (Volume 74, Number 94)]
[Notices]               
[Page 23209-23210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my09-83]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0009]

 
Lead in General Industry 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 comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirements contained in the 
Lead in General Industry Standard (29 CFR 1910.1025).

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 17, 2009.

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.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0009, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2009-
0009). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. 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 or the OSHA Docket Office at 
the address above. 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 Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may contact Jamaa Hill at the 
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; 
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-95) (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 Act) (29 U.S.C. 651 et seq.) authorizes information 
collection by employers as necessary or appropriate for enforcement of 
the Act or for developing information regarding the causes and 
prevention of occupational injuries, illnesses, and accidents (29 
U.S.C. 657).
    The information collection requirements in the Lead in General 
Industry Standard are designed to reduce occupational lead exposure in 
general industry. Lead exposure can result in both acute and chronic 
effects and can be fatal in severe cases of lead toxicity. The standard 
specifies the following requirements that impose paperwork burdens on 
employers: Establishing a compliance program and notifying laundry 
personnel of lead hazards; instituting programs for exposure monitoring 
and medical surveillance (including medical examinations); notifying 
employees of exposure levels, biological monitoring results, the option 
for multiple physician review; and the restricted availability of 
chelation; providing information to physicians; obtaining written 
medical opinions; implementing employee information and training 
programs; recording medical removals; maintaining and transferring 
records of exposure monitoring and medical surveillance results, 
medical removals, and objective data used for the initial exposure 
monitoring exemption; and making records available to specified 
parties.

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, 
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

    OSHA is requesting OMB to extend their approval of the information 
collection requirements contained in the Lead in General Industry 
Standard. The Agency proposes to decrease burden hours from 1,242,562 
hours to 1,225,255 hours, a total decrease of 17,307 hours. The 
decrease is primarily due to the reduction in the number of facilities 
(from 62,357 to 61,405) and exposed employees (from 887,113 to 
871,974). There is also a cost reduction as a result of reducing the 
number of facilities and exposed employees as stated above. Although 
there is a reduction in the number of facilities and exposed employees, 
the cost estimate to perform medical surveillance has increased from 
$61.50 to $65.37 and medical examinations have increased from $210 to 
$223, resulting in a total cost increase of $2,578,340.

    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Lead in General Industry Standard (29 CFR 1910.1025).
    OMB Number: 1218-0092.
    Affected Public: Business or other for-profits; Federal government; 
State, local and tribal governments.
    Number of Respondents: 61,405.
    Frequency: On occasion.
    Total Responses: 4,219,272.
    Average Time per Response: Ranges from 1 minute to notify employees 
of their right to seek a second medical opinion to 2 hours for an 
employee to receive a medical examination.
    Estimated Total Burden Hours: 1,225,255.
    Estimated Cost (Operation and Maintenance): $143,566,299.

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. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0009). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or 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 the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    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 
date 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 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's "User 
Tips" link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting 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. 5-2007 (72 FR 
31160).

    Signed at Washington, DC, this 11th day of May 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-11426 Filed 5-15-09; 8:45 am]

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