
[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Notices]               
[Page 55861-55863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc09-105]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0036]

 
The Standard on 4,4'-Methylenedianiline in Construction; 
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 public comments concerning its proposal to

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extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Standard on 4,4'-
Methylenedianiline in Construction (29 CFR 1926.60).

DATES: Comments must be submitted (postmarked, sent, or received) by 
December 28, 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-2009-0036, 
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-
0036). 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 also contact Jamaa N. 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 (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 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 efforts in 
obtaining information (29 U.S.C. 657).
    The information collection requirements specified in the 4,4'-
Methylenedianiline Standard for Construction (the ``MDA Standard'') (29 
CFR 1926.60) protect workers from the adverse health effects that may 
result from their exposure to MDA, including cancer, liver and skin 
disease. The major paperwork requirements specify that employers must 
perform initial, periodic, and additional exposure monitoring; notify 
each worker in writing of their results as soon as possible but no 
later than 5 days after receiving exposure monitoring results; and 
routinely inspect the hands, face, and forearms of each worker 
potentially exposed to MDA for signs of dermal exposure to MDA. 
Employers must also: establish a written compliance program; institute 
a respiratory protection program in accordance with 29 CFR 1910.134 
(OSHA's Respiratory Protection Standard); and develop a written 
emergency plan for any construction operation that could have an 
emergency (i.e., an unexpected and potentially hazardous release of 
MDA).
    Employers must label any material or products containing MDA, 
including containers used to store MDA-contaminated protective clothing 
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA, 
while personnel who launder or clean MDA-contaminated protective 
clothing or equipment must receive information about the potentially 
harmful effects of MDA. In addition, employers are to post warning 
signs at entrances or accessways to regulated areas, as well as train 
workers exposed to MDA at the time of their initial assignment, and at 
least annually thereafter.
    Other paperwork provisions of the MDA Standard require employers to 
provide workers with medical examinations, including initial, periodic, 
emergency and follow-up examinations. As part of the medical 
surveillance program, employers must ensure that the examining 
physician receives specific written information, and that they obtain 
from the physician a written opinion regarding the worker's medical 
results and exposure limitations.
    The MDA Standard also specifies that employers are to establish and 
maintain exposure monitoring and medical surveillance records for each 
worker who is subject to these respective requirements, make any 
required record available to OSHA compliance officers and the National 
Institute for Occupational Safety and Health (NIOSH) for examination 
and copying, and provide exposure monitoring and medical surveillance 
records to workers and their designated representatives. Finally, 
employers who cease to do business within the period specified for 
retaining exposure monitoring and medical surveillance records, and who 
have no successor employer, must notify NIOSH at least 90 days before 
disposing of the records and transmit the records to NIOSH if so 
requested.

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;

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     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 that OMB extend its approval of the collection 
of information requirements contained in the Standard on 4,4'-
Methylenedianiline in Construction (29 CFR 1926.60). The Agency is 
requesting an adjustment to the burden hours from 1,607 to 1,030 hours 
(a decrease of 577 hours). The reduction in burden hours is primarily 
the result of decreasing the number of establishments from 66 to 33 and 
the number of job sites from 660 to 330.
    OSHA will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to extend 
the approval of the information collection requirements contained in 
the Standard on 4,4'-Methylenedianiline in Construction (29 CFR 
1926.60).
    Type of Review: Extension of a currently approved collection.
    Title: 4,4'-Methylenedianiline in Construction (29 CFR 1926.60).
    OMB Number: 1218-0183.
    Affected Public: Business or other for-profits; not-for-profit 
institutions; Federal Government; State, Local, or Tribal Governments.
    Total Respondents: 2,639.
    Frequency: On occasion.
    Estimated Time per Response: Varies from 5 minutes (.08 hour) for 
employers to provide information to the physician to 2 hours for 
initial monitoring.
    Total Burden Hours: 1,030.
    Estimated Cost (Operation and Maintenance): $62,850.

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 
e-Rulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and OSHA docket number for the ICR (Docket No. OSHA-2009-0036). 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 publically 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 through 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 26th day of October 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-26077 Filed 10-28-09; 8:45 am]

BILLING CODE 4510-26-P
