1218-0133(2007)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
ASBESTOS IN GENERAL INDUSTRY STANDARD (29 CFR 1910.1001)
(Office of Management and Budget (OMB) Control No. 1218-0133(2007)) 1

JUSTIFICATION
1.

Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection. Attach a copy of the appropriate section
of each statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act (OSH Act) is to “assure so far as
possible every working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of occupational safety and health
regulations” (29 U.S.C. 651).
To protect employee health, the OSH Act authorizes the Occupational Safety and Health
Administration (OSHA) to develop standards that provide for “monitoring or measuring
employee exposure” to occupational hazards and “prescribe the type and frequency of medical
examinations and other tests which shall be made available [by the employer] to employees
exposed to such hazards in order to most effectively determine whether the health of such
employees is adversely affected by such exposure” (29 U.S.C. 655). In addition, the OSH Act
mandates that “[e]ach employer shall make, keep and preserve, and make available to the
Secretary [of Labor] . . . such records regarding [his/her] activities relating to this Act as the
Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this
Act or for developing information regarding the causes and prevention of occupational accidents
and illnesses” (29 U.S.C. 657). In addition, the OSH Act directs OSHA to “issue regulations
requiring employers to maintain accurate records of employee exposure to potentially toxic
materials or other harmful physical agents which are required to be monitored and measured,"
and further specifies that such regulations provide “for each employee or former employee to
have access to such records as will indicate [their] own exposure to toxic materials or harmful
physical agents” (29 U.S.C. 657). The OSH Act states further that “[t]he Secretary . . . shall . . .
prescribe such rules and regulations as [he/she] may deem necessary to carry out [his/her]
responsibilities under this Act, including rules and regulations dealing with the inspection of an
employer’s establishment” (29 U.S.C. 651).
Under the authority granted by the OSH Act, OSHA published a General Industry health
1

The purpose of this supporting statement is to analyze and describe the burden hours and costs associated
with provisions of the Asbestos in General Industry Standard that contain paperwork requirements; this supporting
statement does not provide information or guidance on how to comply with, or how to enforce, the Standard.

1

standard at 29 CFR 1910.1001 regulating employee exposure to asbestos (the “Standard”). The
basis for this Standard is a determination by the Assistant Secretary for OSHA that occupational
exposure to asbestos poses a hazard to employees. Years of exposure to asbestos can cause
numerous disabling or fatal diseases. Among these diseases are asbestosis, an emphysema-like
condition; lung cancer; mesothelioma, a cancerous tumor that spreads rapidly in the cells of
membranes covering the lungs and body organs; and gastrointestinal cancer. Items 2 and 12
below describe the specific information collection requirements of the Standard.
2.

Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the current
collection.

The following are the collection of information requirements as stated in the Standard, followed
by discussions indicating how, by whom, and for what purpose the information is used for each
of these requirements.
A. Exposure monitoring (§1910.1001(d))
General (§1910.1001(d)(1)) - Determinations of employee exposure shall be made from
breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term
exposures of each employee.
§1910.1001(d)(1)(ii) - Representative 8-hour TWA employee exposures shall be
determined on the basis of one or more samples representing full-shift exposures for each
shift for each employee in each job classification in each work area. Representative 30minute short-term employee exposures shall be determined on the basis of one or more
samples representing 30 minute exposures associated with operations that are most likely
to produce exposures above the excursion limit for each shift for each job classification
in each work area.
Initial monitoring (§1910.1001(d)(2))
§1910.1001(d)(2)(i) - Each employer who has a workplace or work operation covered by
this standard, except as provided for in paragraphs (d)(2)(ii) and (d)(2)(iii) of this section,
shall perform initial monitoring of employees who are, or may reasonably be expected to
be exposed to airborne concentrations at or above the TWA permissible exposure limit
and/or excursion limit.
Purpose: Employers must perform initial monitoring to determine the extent of asbestos
exposure in their workplace. Initial monitoring allows employers to identify areas of operation
that may require additional reduction in airborne asbestos to meet the permissible exposure level
(PEL). The results of initial exposure-monitoring also assist employers in determining the need
for engineering controls, implementing or modifying work practices, and selecting appropriate
respiratory protection to prevent employees from overexposure to asbestos.
2

Monitoring frequency (periodic monitoring) and patterns (§1910.1001(d)(3)) - After the initial
determinations required by paragraph (d)(2)(i) of this section, samples shall be of such frequency
and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In
no case shall sampling be at intervals greater than six months for employees whose exposures
may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion
limit.
Purpose: Periodic monitoring allows employers to determine the effects of implemented
controls, modifications in process, materials, or environmental conditions on employee
exposures to asbestos.
Additional monitoring (§1910.1001(d)(5)) - Notwithstanding the provisions of paragraphs
(d)(2)(ii) and (d)(4) of this section, the employer shall institute the exposure monitoring required
under paragraphs (d)(2)(i) and (d)(3) of this section whenever there has been a change in the
production, process, control equipment, personnel or work practices that may result in new or
additional exposures above the TWA permissible exposure limit and/or excursion limit or when
the employer has any reason to suspect that a change may result in new or additional exposures
above the PEL and/or excursion limit.
Purpose: Changes in production process, chemicals present, control equipment, and new
personnel may lead to increases in employee exposure levels. Additional monitoring is
necessary so that the employer takes action to protect employees, such as providing appropriate
respiratory equipment or instituting engineering controls. Additional monitoring ensures that the
work area is safe, or alerts the employer to the need to increase employee protection.
Notification of monitoring results (§1910.1001(d)(7))
§1910.1001(d)(7)(i) - The employer must, within 15 working days after the receipt of the
results of any monitoring performed under this section, notify each affected employee of
these results either individually in writing or by posting the results in an appropriate
location that is accessible to affected employees.
§1910.1001(d)(7)(ii) - The written notification required by paragraph (d)(7)(i) of this
section shall contain the corrective action being taken by the employer to reduce
employee exposure to or below the TWA and/or excursion limit, wherever monitoring
results indicated that the TWA and/or excursion limit had been exceeded.
Purpose: Consistent with section 8(c)(3) of the Act, every employee has the right to know what
their exposure level is and whether it is above or below the AL. Moreover, since the PEL is one
that also considers feasibility and, therefore, is not necessarily a “safe” level, it is necessary for
the employees to know the level of asbestos to which they were exposed.
3

Additionally, when exposures are above the PEL, the employer must also state in the notification
what corrective action the employer is going to take to reduce the exposure level. This
requirement is necessary to assure employees that the employer is making every effort to furnish
them with a safe and healthful work environment and implementing section 8(c)(3) of the OSH
Act.
B. Compliance Program (§1910.1001(f))
Methods of compliance (§1910.1001(f)(2))
§1910.1001(f)(2)(i) - Where the TWA and/or excursion limit is exceeded, the employer
shall establish and implement a written program to reduce employee exposure to or
below the TWA and to or below the excursion limit by means of engineering and work
practice controls as required by paragraph (f)(1) of this section, and by the use of
respiratory protection where required or permitted under this section.
§1910.1001(f)(2)(ii) - Such programs shall be reviewed and updated as necessary to
reflect significant changes in the status of the employer's compliance program.
§1910.1001(f)(2)(iii) - Written programs shall be submitted upon request for examination
and copying to the Assistant Secretary, the Director 2 , affected employees and designated
employee representatives.
Specific compliance methods for brake and clutch repair (§1910.1001(f)(3))
§1910.1001(f)(3)(i) - Engineering controls and work practices for brake and clutch repair
and service. During automotive brake and clutch inspection, disassembly, repair and
assembly operations, the employer shall institute engineering controls and work practices
to reduce employee exposure to materials containing asbestos using a negative pressure
enclosure/HEPA vacuum system method or low pressure/wet cleaning method, which
meets the detailed requirements set out in Appendix F to this section. The employer may
also comply using an equivalent method which follows written procedures which the
employer demonstrates can achieve results equivalent to Method A in Appendix F to this
section. For facilities in which no more than 5 pair of brakes or 5 clutches are inspected,
disassembled, repaired, or assembled per week, the method set forth in paragraph [D] of
Appendix F to this section may be used.
Purpose: Requiring employer’s to develop written engineering and work practice control
procedures, that are equivalent to Method A in Appendix F, ensures employers and employees
take necessary steps to avoid asbestos exposure. The written procedure serves to remind
2

“Director” means the Director of the National Institute for Occupational Safety and Health, U.S.
Department of Health and Human Services, or designee.

4

employers to continue to maintain exposure-control methods that are equivalent to Appendix F.

C. Respiratory protection (§1910.1001(g))
General (§1910.1001(g)(1)) - For employees who use respirators required by this section, the
employer must provide respirators that comply with the requirements of this paragraph.
Respirators must be used during:
§1910.1001(g)(1)(i) - Periods necessary to install or implement feasible engineering and
work-practice controls.
§1910.1001(g)(1)(ii) - Work operations, such as maintenance and repair activities, for
which engineering and work-practice controls are not feasible.
§1910.1001(g)(1)(iii) - Work operations for which feasible engineering and workpractice controls are not yet sufficient to reduce employee exposure to or below the TWA
and/or excursion limit.
§1910.1001(g)(1)(iv) - Emergencies.
Respiratory program (§1910.1001(g)(2)) - The employer must implement a respiratory
protection program in accordance with 29 CFR 1910.134 (b) through (d) (except (d)(1)(iii)), and
(f) through (m).
Purpose: OSHA’s Respiratory Protection Standard assists employers in protecting the health of
employees exposed to airborne contaminants and biological agents that they find infeasible to
control at the required level using work practice and engineering methods.
D. Protective work clothing and equipment (§1910.1001(h))
Changing Replacement (§1910.1001(h)(3))
§1910.1001(h)(3)(iv) - Any employer who gives contaminated clothing to another person
for laundering shall inform such person of the requirement in paragraph (h)(3)(iii) of this
section to effectively prevent the release of airborne fibers of asbestos in excess of the
permissible exposure limits.
§1910.1001(h)(3)(v) - The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with asbestos of the potentially harmful
effects of exposure to asbestos.
Purpose: The information provided by employers under this provision will protect personnel
5

who may come in contact with asbestos contaminated clothing from the hazards associated with
asbestos exposure.
E. Communication of hazards to employees (§1910.1001(j))
Duties of employers and building and facility owners (§1910.1001(j)(2))
§1910.1001(j)(2)(i) - Building and facility owners shall determine the presence, location,
and quantity of ACM and/or PACM at the work site. Employers and building and
facility owners shall exercise due diligence in complying with these requirements to
inform employers and employees about the presence and location of ACM and PACM.
§1910.1001(j)(2)(ii) - Building and facility owners shall maintain records of all
information required to be provided pursuant to this section and/or otherwise known to
the building owner concerning the presence, location and quantity of ACM and PACM in
the building/facility. Such records shall be kept for the duration of ownership and shall
be transferred to successive owners.
§1910.1001(j)(2)(iii) - Building and facility owners shall inform employers of employees,
and employers shall inform employees who will perform housekeeping activities in areas
which contain ACM and/or PACM of the presence and location of ACM and/or PACM
in such areas which may be contacted during such activities.
Warning signs (§1910.1001(j)(3))
§1910.1001(j)(3)(i) - Warning signs shall be provided and displayed at each regulated
area. In addition, warning signs shall be posted at all approaches to regulated areas so
that an employee may read the signs and take necessary protective steps before entering
the area.
§1910.1001(j)(3)(ii)(A) - The warning signs required by paragraph (j)(3) of this section
shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE
HAZARD
AUTHORIZED PERSONNEL ONLY
§1910.1001(j)(3)(ii)(B) - In addition, where the use of respirators and protective clothing
is required in the regulated area under this section, the warning signs shall include the
following:
RESPIRATORS AND PROTECTIVE
6

CLOTHING
ARE REQUIRED IN THIS AREA
Purpose: These signs alert employees that they can enter a regulated area only if they have
authority to do so and a specific need exists to enter the area. The signs, therefore, warn
employees that they are in or near a hazardous area, and supplement the hazard-recognition
training employees receive under the Standard.
Warning labels (§1910.1001(j)(4))
§1910.1001(j)(4)(i) - Warning labels shall be affixed to all raw materials, mixtures, scrap,
waste, debris, and other products containing asbestos fibers, or to their containers. When
a building owner or employer identifies previously installed ACM and/or PACM, labels
or signs shall be affixed or posted so that employees will be notified of what materials
contain ACM and/or PACM. The employer shall attach such labels in areas where they
will clearly be noticed by employees who are likely to be exposed, such as at the entrance
to mechanical room/areas. Signs required by paragraph (j)(3) of this section may be
posted in lieu of labels so long as they contain information required for labelling.
§1910.1001(j)(4)(ii) - The labels shall comply with the requirements of 29 CFR
1910.1200(f) of OSHA's Hazard Communication standard, and shall include the
following information:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
Purpose: Warning labels inform downstream employers and employees of the hazards
associated with asbestos, and that they may need to implement special practices to prevent
exposure to the substance. It also reminds both the employer and employees of the continuing
need to protect against the hazards that could result from employee overexposure.
Furthermore, hazard labels alert other employers who, in the absence of such labels, may not
know that asbestos is present in their workplace and, consequently, that they must comply with
the Standard.
Material safety data sheets (§1910.1001(j)(5)) - Employers who are manufacturers or importers
of asbestos or asbestos products shall comply with the requirements regarding development of
material safety data sheets (MSDSs) as specified in 29 CFR 1910.1200(g) of OSHA's Hazard
Communication standard, except as provided by paragraph (j)(6) of this section. 3
3

Labels are not required when asbestos fibers have been modified by a bonding agent, coating, binder, or
other material provided that the manufacturer can demonstrate that during any reasonably foreseeable use, handling,
storage, disposal, processing, or transportation, no airborne concentrations of fibers of asbestos in excess of the

7

Purpose: The purpose of MSDSs is to provide detailed information on each hazardous
chemical, including its potential hazardous effects, its physical and chemical characteristics, and
recommendations for appropriate protective measures. The MSDS provides information about
the hazards of asbestos, as well as the means to protect employees of the chemical producer, as
well as employees of downstream employers from these hazards. The MSDS complements
labels by providing detailed information about the ingredients and hazards, as well as the means
to properly handle the chemicals and to prevent adverse health effects. In addition, the MSDS
serves as the basic source of information on the hazards of asbestos essential to the training
provisions required in the Standard.
Employee information and training (§1910.1001(j)(7))
§1910.1001(j)(7)(i) - The employer shall institute a training program for all employees
who are exposed to airborne concentrations of asbestos at or above the PEL and/or
excursion limit and ensure their participation in the program.
§1910.1001(j)(7)(ii) - Training shall be provided prior to or at the time of initial
assignment and at least annually thereafter.
§1910.1001(j)(7)(iii) - The training program shall be conducted in a manner which the
employee is able to understand. The employer shall ensure that each employee is
informed of the following:
§1910.1001(j)(7)(iii)(A) - The health effects associated with asbestos exposure;
§1910.1001(j)(7)(iii)(B) - The relationship between smoking and exposure to asbestos
producing lung cancer:
§1910.1001(j)(7)(iii)(C) - The quantity, location, manner of use, release, and storage of
asbestos, and the specific nature of operations which could result in exposure to asbestos;
§1910.1001(j)(7)(iii)(D) - The engineering controls and work practices associated with
the employee's job assignment;
§1910.1001(j)(7)(iii)(E) - The specific procedures implemented to protect employees
from exposure to asbestos, such as appropriate work practices, emergency and clean-up
procedures, and personal protective equipment to be used;
§1910.1001(j)(7)(iii)(F) - The purpose, proper use, and limitations of respirators and
protective clothing, if appropriate;
TWA permissible exposure level and/or excursion limit will be released or asbestos is present in a product in
concentrations less than 1.0%.

8

§1910.1001(j)(7)(iii)(G) - The purpose and a description of the medical surveillance
program required by paragraph (l) of this section;
§1910.1001(j)(7)(iii)(H) - The content of this Standard, including appendices.
§1910.1001(j)(7)(iii)(I) - The names, addresses and phone numbers of public health
organizations which provide information, materials, and/or conduct programs concerning
smoking cessation. The employer may distribute the list of such organizations contained
in appendix I to this section, to comply with this requirement.
§1910.1001(j)(7)(iii)(J) - The requirements for posting signs and affixing labels and the
meaning of the required legends for such signs and labels.
§1910.1001(j)(7)(iv) - The employer shall also provide, at no cost to employees who
perform housekeeping operations in an area which contains ACM or PACM, an asbestos
awareness training course, which shall at a minimum contain the following elements:
health effects of asbestos, locations of ACM and PACM in the building/facility,
recognition of ACM and PACM damage and deterioration, requirements in this Standard
relating to housekeeping, and proper response to fiber release episodes, to all employees
who perform housekeeping work in areas where ACM and/or PACM is present. Each
such employee shall be so trained at least once a year.
Purpose: Training is essential to inform employees of the health hazards of asbestos exposure,
and to provide them with the understanding required to minimize these health hazards. In
addition, training provides information to employees that enables them to recognize how and
where asbestos exposure occurs, and what steps to take, including work practices, to avoid or
limit such exposure. Another benefit of training is that it serves to explain and reinforce the
information presented to employees on warning signs and labels. In this regard, employees must
understand the information, and be aware of the actions they must take to avoid or minimize
asbestos exposure.
F. Medical surveillance (§1910.1001(l))
Employers Covered General (§1910.1001(l)(1)) - The employer shall institute a medical
surveillance program for all employees who are or will be exposed to airborne concentrations of
fibers of asbestos at or above the TWA and/or excursion limit.
Pre-placement examinations (§1910.1001(l)(2))
§1910.1001(l)(2)(i) - Before an employee is assigned to an occupation exposed to
airborne concentrations of asbestos fibers at or above the TWA and/or excursion limit, a
pre-placement medical examination shall be provided or made available by the employer.

9

§1910.1001(l)(2)(ii) - Such examination shall include, as a minimum, a medical and work
history; a complete physical examination of all systems with emphasis on the respiratory
system, the cardiovascular system and digestive tract; completion of the respiratory
disease standardized questionnaire in Appendix D to this section, Part 1; a chest
roentgenogram (posterior-anterior 14 x 17 inches); pulmonary function tests to include
forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV(1.0)); and
any additional tests deemed appropriate by the examining physician. Interpretation and
classification of chest roentgenogram shall be conducted in accordance with Appendix E
to this section.
Periodic examinations (§1910.1001(l)(3))
§1910.1001(l)(3)(i) - Periodic medical examinations shall be made available annually.
§1910.1001(l)(3)(ii) - The scope of the medical examination shall be in conformance
with the protocol established in paragraph (l)(2)(ii) of this section, except that the
frequency of chest roentgenogram shall be conducted in accordance with Table 2, and the
abbreviated standardized questionnaire contained in, Part 2 of Appendix D to this section
shall be administered to the employee.
Table 2. -- Frequency of Chest Roentgenogram
__________________________________________________________________________
|
|
Age of employee
Years since
|______________________________________________________
first
|
|
|
exposure
|
15 to 35
|
35+ to 45
|
45+
__________________|___________________|__________________|________________
|
|
|
0 to 10...........| Every 5 years.....| Every 5 years...| Every 5 years.
10+...............| Every 5 years.....| Every 2 years...| Every 1 year.
__________________|___________________|__________________|________________

Termination of employment examinations (§1910.1001(l)(4))
§1910.1001(l)(4)(i) - The employer shall provide, or make available, a termination of
employment medical examination for any employee who has been exposed to airborne
concentrations of fibers of asbestos at or above the TWA and/or excursion limit.
§1910.1001(l)(4)(ii) - The medical examination shall be in accordance with the
requirements of the periodic examinations stipulated in paragraph (l)(3) of this section,
and shall be given within 30 calendar days before or after the date of termination of
employment.
Purpose: The principal purpose of medical surveillance is the prevention or detection of
abnormalities that may occur in some asbestos-exposed workers early enough to prevent future
or progressive adverse health effects. Documentation and maintenance of the medical10

examination results provide a continuous record of employee health. Physicians use these
records to determine the extent to which employees, since their last examination, experience
health effects related to their asbestos exposure. Further, if symptoms of damage appear, the
physician often needs information about an employee’s previous medical conditions to make an
accurate diagnosis of the new condition, ascertain its apparent cause, and identify a course of
treatment. Medical records also permit employees to determine whether or not they need
treatment, or to evaluate the effectiveness of their employer’s exposure-reduction program.
Information provided to the physician (§1910.1001(l)(6)) - The employer shall provide the
following information to the examining physician:
§1910.1001(l)(6)(i) - A copy of this Standard and appendices D and E.
§1910.1001(l)(6)(ii) - A description of the affected employee's duties as they relate to the
employee's exposure.
§1910.1001(l)(6)(iii) - The employee's representative exposure level or anticipated
exposure level.
§1910.1001(l)(6)(iv) - A description of any personal protective and respiratory equipment
used or to be used.
§1910.1001(l)(6)(v) - Information from previous medical examinations of the affected
employee that is not otherwise available to the examining physician.
Purpose: Making this information available to physicians assists them in evaluating an
employee’s health and fitness for specific job assignments involving asbestos exposure. In the
case of medical examinations administered in response to emergency exposures, the physician
can use the exposure information to devise an appropriate treatment.
Physician's written opinion (§1910.1001(l)(7))
§1910.1001(l)(7)(i) - The employer shall obtain a written signed opinion from the
examining physician. This written opinion shall contain the results of the medical
examination and shall include:
§1910.1001(l)(7)(i)(A) - The physician's opinion as to whether the employee has any
detected medical conditions that would place the employee at an increased risk of
material health impairment from exposure to asbestos;
§1910.1001(l)(7)(i)(B) - Any recommended limitations on the employee or upon the use
of personal protective equipment such as clothing or respirators;
§1910.1001(l)(7)(i)(C) - A statement that the employee has been informed by the
11

physician of the results of the medical examination and of any medical conditions
resulting from asbestos exposure that require further explanation or treatment; and
§1910.1001(l)(7)(i)(D) - A statement that the employee has been informed by the
physician of the increased risk of lung cancer attributable to the combined effect of
smoking and asbestos exposure.
§1910.1001(l)(7)(ii) - The employer shall instruct the physician not to reveal in the
written opinion given to the employer specific findings or diagnoses unrelated to
occupational exposure to asbestos.
§1910.1001(l)(7)(iii) - The employer shall provide a copy of the physician's written
opinion to the affected employee within 30 days from its receipt.
Purpose: The purpose in requiring the employer to obtain a written opinion from the examining
physician is to provide the employer with a medical basis to aid in the determination of initial
placement of employees and to assess the employee’s ability to use protective clothing and
equipment. The physician’s written opinion also provides information to the employer as to
whether the employee maybe suffering from overexposure to asbestos. The requirement that a
physician’s opinion be in written form will ensure that employers have had the benefit of the
information. Providing employees with a copy of the physician's written opinion informs them
of the medical-examination results so that they can assist in determining the need for, and
evaluate the effectiveness of, treatment or other interventions.
G. Recordkeeping (§1910.1001(m))
Exposure measurements (§1910.1001(m)(1)) 4
§1910.1001(m)(1)(i) - The employer shall keep an accurate record of all measurements
taken to monitor employee exposure to asbestos as prescribed in paragraph (d) of this
section.
§1910.1001(m)(1)(ii) - This record shall include at least the following information:
§1910.1001(m)(1)(ii)(A) - The date of measurement;
§1910.1001(m)(1)(ii)(B) - The operation involving exposure to asbestos which is being
monitored;
§1910.1001(m)(1)(ii)(C) - Sampling and analytical methods used and evidence of their
accuracy;
4

The employer may utilize the services of competent organizations such as industry trade associations and
employee associations to maintain the records required by this section.

12

§1910.1001(m)(1)(ii)(D) - Number, duration, and results of samples taken;
§1910.1001(m)(1)(ii)(E) - Type of respiratory protective devices worn, if any; and
§1910.1001(m)(1)(ii)(F) - Name, social security number and exposure of the employees
whose exposure are represented.
§1910.1001(m)(1)(iii) - The employer shall maintain this record for at least thirty (30)
years, in accordance with 29 CFR 1910.1020.
Medical surveillance (§1910.1001(m)(3))
§1910.1001(m)(3)(i) - The employer shall establish and maintain an accurate record for
each employee subject to medical surveillance by paragraph (l)(1)(i) of this section, in
accordance with 29 CFR 1910.1020.
§1910.1001(m)(3)(ii) - The record shall include at least the following information:
§1910.1001(m)(3)(ii)(A) - The name and social security number of the employee;
§1910.1001(m)(3)(ii)(B) - Physician's written opinions;
§1910.1001(m)(3)(ii)(C) - Any employee medical complaints related to exposure to
asbestos; and
§1910.1001(m)(3)(ii)(D) - A copy of the information provided to the physician as
required by paragraph (l)(6) of this section.
§1910.1001(m)(3)(iii) - The employer shall ensure that this record is maintained for the duration
of employment plus thirty (30) years, in accordance with 29 CFR 1910.1020.
Training (§1910.1001(m)(4)) - The employer shall maintain all employee training records for
one (1) year beyond the last date of employment of that employee.
Availability (§1910.1001(m)(5))
§1910.1001(m)(5)(i) - The employer, upon written request, shall make all records
required to be maintained by this section available to the Assistant Secretary and the
Director for examination and copying.
§1910.1001(m)(5)(ii) - The employer, upon request shall make any exposure records
required by paragraph (m)(1) of this section available for examination and copying to
affected employees, former employees, designated representatives and the Assistant
13

Secretary, in accordance with 29 CFR 1910.1020(a) through (e) and (g) through (i).
§1910.1001(m)(5)(iii) - The employer, upon request, shall make employee medical
records required by paragraph (m)(3) of this section available for examination and
copying to the subject employee, to anyone having the specific written consent of the
subject employee, and the Assistant Secretary, in accordance with 29 CFR 1910.1020.
Transfer of records (§1910.1001(m)(6))
§1910.1001(m)(6)(i) - The employer shall comply with the requirements concerning
transfer of records set forth in 29 CFR 1910.1020(h).
§1910.1001(m)(6)(ii) - Whenever the employer ceases to do business and there is no
successor employer to receive and retain the records for the prescribed period, the
employer shall notify the Director at least 90 days prior to disposal of records and, upon
request, transmit them to the Director.
Purpose: Exposure-monitoring and medical records are maintained principally to protect
employee health, to assist in the prevention or early diagnosis of adverse health affects
associated with asbestos exposure and to provide valuable information to both employees and
employers. The records also assist OSHA in enforcing the Standard. The exposure-monitoring
records required by this Standard will aid employees and their physicians in determining whether
or not treatment or other interventions are needed for asbestos exposure.
3.

Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.

Employers may use improved information technology when establishing and maintaining
exposure-monitoring and medical-surveillance records. OSHA wrote the paperwork
requirements of the Standard in performance-oriented language (i.e., in terms of what data to
maintain, not how to maintain the data).
4.

Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.

The information required to be collected and maintained is specific to each employer and
employee involved and is not available or duplicated by another source. The information
required by this Standard is available only from employers. At this time, there is no indication
that any alternate source is available.
5.

If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form
83-I), describe any methods used to minimize burden.

14

The information-collection requirements of the Standard do not have a significant impact on a
substantial number of small entities.
6.

Describe the consequence to Federal program or policy activities if the collection is not conducted or
is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information collection frequencies specified by this Standard are the minimum that OSHA
believes are necessary to ensure that the employer and OSHA can effectively monitor the
exposure and health status of employees working with asbestos in general industry.
7.

Explain any special circumstances that would cause an information collection to be conducted in a
manner:
•

requiring respondents to report information to the agency more often
than quarterly;

•

requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;

•

requiring respondents to submit more than an original and two copies
of any document:

•

requiring respondents to retain records, other than health, medical,
government contract, grant-in-aid, or tax records for more than three years:

•

in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe of study;

•

requiring the use of a statistical data classification that has not
been reviewed and approved by OMB;

•

that includes a pledge of confidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies that
are consistent with the pledge, or which unnecessarily impedes sharing of data with
other agencies for compatible confidential use; or

•

requiring respondents to submit proprietary trade secret, or other confidential
information unless the agency can demonstrate that it has instituted procedures to
protect the information's confidentiality to the extent permitted by law.

Under paragraph (d)(7) of the Standard, employers must, within 15 working days after the
receipt of exposure monitoring results, notify the affected employees of their results in writing
either individually or by posting the results in an appropriate location that is accessible to
affected employees. This is to ensure that everyone working around asbestos has been informed
of its presence.
Also in 1910.1001(d)(2), within 24 hours of its discovery, all employers who discover ACM
and/or PACM on a worksite must convey information concerning the presence, location, and
quantity of the newly discovered ACM and/or PACM to the owner and to other employers of
15

employees working at the worksite. This is also to ensure that everyone is aware that asbestos is
present.
8.

If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years -- even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation
in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (U.S.C. 3506(c)(2)(A)), OSHA published a
notice in the Federal Register on April 5, 2007 (72 FR 16830, Docket No. OSHA-2007-0026)
requesting public comment on its proposal to extend the Office of Management and Budget’s
approval of the information collection requirements contained in the Asbestos in General
Industry Standard (29 CFR 1910.1001). This notice was part of a preclearance consultation
program that provided the general public and government agencies with an opportunity to
comment. The Agency received no comments in response to its notice.
9.

Explain any decision to provide any payment or gift to respondents, other than reenumeration of
contractors or grantees.

No payments or gifts will be provided to the respondents.
10.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in
statute, regulation, or agency policy.

To ensure that the personal information contained in medical records remains confidential,
OSHA developed 29 CFR 1913.10 to regulate access to these records.
11.

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. This
justification should include the reasons why the agency considers the questions necessary, the specific
uses to be made of the information, the explanation to be given to persons from whom the
information is requested, and any steps to be taken to obtain their consent.

None of the provisions in the Standard require the collection of sensitive information.
12.

Provide estimates of the hour burden of the collection of information. The statement should:

•

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation

16

of how the burden was estimated. Unless directed to do so, agencies should not conduct special
surveys to obtain information on which to base hour burden estimates. Consultation with a sample
(fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected
to vary widely because of differences in activity, size, or complexity, show the range of estimated hour
burden, and explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.
•

If this request for approval covers more than one form, provide separate hour burden estimates for
each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories.

Summary of Burden-Hour and Cost Estimates
The Agency determined average wage rates for asbestos using average hourly earnings,
including benefits, to represent the cost of employee time. For the relevant occupational
categories, mean hourly earnings from June 2005 National Compensation Survey by the Bureau
of Labor Statistics have been adjusted to reflect the fact that fringe benefits comprise about
29.3% of total compensation in the private sector. Since wages are the remaining 70.7% of
employee compensation wages are multiplied by 1.4 (1/0.707) estimate full employee hourly
compensation. The costs of labor used in this analysis are therefore estimates of total hourly
compensation. These hourly wages are:
Supervisory Manufacturing Employee
Manufacturing Employee
Clerical Employee

$27.70
$22.16
$20.44

Table 1
Summary of Burden Hours and Costs
Current
OMB
Inventory

Requested
Burden

Change

Estimated
Cost

187

187

0

$3,820

Written compliance program

61

61

0

$1,690

Specific compliance methods

0

0

0

0

C. Respirator protection

0

0

0

0

D. Protective work clothing and equipment

0

0

0

0

Information Collection Requirement
A. Exposure monitoring
Notification of monitoring results
B. Compliance program

17

E. Communication of Hazards to employees
Duties of Employers and Building

33

33

0

$914

Warning signs and labels

0

0

0

$0

Material safety data sheets

0

0

0

$0

475

475

0

$13,158

Employee information and training
F. Medical surveillance
Medical examination

17,413

17,413

0

$385,872

Medical questionnaires

2,612

2,612

0

$57,882

Information provided to the physician

929

929

0

$18,989

Physician’s written opinion

929

929

0

$18,989

Exposure monitoring records

187

187

0

$3,820

Medical surveillance

929

929

0

$18,989

Training records

10

10

0

$204

Employee access

77

77

0

$1,574

Federal government access

6

6

0

$166

Transfer of records

1

1

0

$20

23,849

23,849

0

$526,087

G. Recordkeeping

Total

Burden-Hour and Cost Determinations
The following sections summarize the methodology used for estimating the number of burden
hours and costs resulting from the information collection requirements of the Standard.
To calculate burden hours and costs, facilities are divided into two categories, primary and
secondary manufacturing. The number of primary and secondary manufactures is based on the
1994 Final regulatory impact and regulatory flexibility analysis. Primary facilities,
approximately 110 facilities, use raw asbestos to manufacture products. The primary asbestos
manufacturing category covered by the Standard includes producers of asbestos-cement (A/C)
pipe; A/C sheet; friction materials; resilient flooring; paper; coating and sealants; textiles;
gaskets; and asbestos-reinforced plastics. Secondary manufacturing is defined as establishments
that receive products from primary manufacturers and further process or fabricate these products
to produce other intermediate or finished products. There are 133 secondary manufacturing
facilities. Secondary processing involves sawing, pressing, slitting or drilling of asbestoscontaining materials. Primary asbestos products that undergo significant secondary processing
18

include gaskets and packing, plastics and textiles.
A. Exposure monitoring (§1910.1001(d))
OSHA assumes that initial exposure monitoring has been completed; therefore burden for initial
monitoring is not included in this package. Following initial monitoring, exposure monitoring
must be repeated at least every six months for employees whose exposures to asbestos may
reasonably be foreseen to exceed limits. The Economic Analysis assumes that employers would
hire Industrial Hygiene Services at a rate of $50 per hour to conduct the monitoring. Therefore,
those costs are calculated in Item 13 of this package, and no burden is taken here.
Employee notification of monitoring results (§1910.1001(d)(7))
Employers must notify affected employees of their exposure-monitoring results, within 15 days
receipt. Employers may either individually notify employees or post the exposure-monitoring
results in an appropriate location that is accessible to affected employees.
As posting is least burdensome, OSHA estimates that employers post the exposure-monitoring
results in a central location. OSHA estimates a secretary takes 5 minutes (.08 hour) to post the
monitoring results.
To estimate the frequency and number of exposure monitoring samples for time-weighted
average (TWA), OSHA assumes employers sample one employee at each workstation to
represent the asbestos exposure of all employees working at that station. OSHA estimates that a
workstation in primary manufacturing is comprised of 9.6 employees and workstations in
secondary manufacturing are comprised of 15.7 employees per work station. To calculate
sample numbers, the estimated number of employees exposed above the TWA was divided by
the average number of employees at the work stations. OSHA estimates there are 2,782
employees in primary manufacturing and 6,892 employees in secondary manufacturing that are
exposed above the time-weighted average. OSHA assumed that employers monitor twice per
year.
Periodic monitoring for the TWA
Primary manufacturing
Number of workstations: 2,782 employees/9.6 employees per station = 290 workstations
Burden hours: 290 workstations x 1 sample x 2 times/year x .08 hour = 46 hours
Costs: 46 hours x $20.44 = $940
Secondary manufacturing
Number of workstations: 6,892 employees/15.7 employees per station = 439
19

workstations
Burden hours: 439 workstations x 1 sample x 2 times/year x .08 hour = 70 hours
Costs: 70 hours x $20.44 = $1,431
For excursion limit (EL) monitoring, OSHA assumes that 50% of the facilities exceed the limit
and subsequently perform semi-annual periodic monitoring. OSHA estimates 110 primary
manufacturers and 133 secondary manufacturers are involved, and that primary manufacturers
conduct 4 exposure-monitoring samples per year, and secondary manufacturers conduct 3
exposure-monitoring samples.
Periodic monitoring for the EL
Primary manufacturing
Burden hours: (110 manufacturing facilities x 50%) x 4 samples/facility x 2 times/year
x .08 hour/posting = 35 hours
Costs: 35 hours x $20.44 = $715
Secondary manufacturing
Burden hours: (133 manufacturing facilities x 50%) x 3 samples/facility x 2 times/yr x
.08 hour/posting = 32 hours
Costs: 32 hours x $20.44 = $654
Additional monitoring
Employers must conduct additional monitoring whenever there is a change in production,
process, control equipment, personnel or work practices that may result in new or additional
exposures to asbestos.
Additional monitoring TWA
OSHA estimates there is change in process in 1% of all workstations where exposures exceed
the PEL/TWA which would require additional monitoring.
Primary manufacturing
Burden hours: 290 workstations x 1% x 1 sample x 2 times/year x .08 hour = 1 hour
Costs:
1 hour x $20.44 = $20
Secondary manufacturing
Burden hours: 439 workstations x 1% x 1 sample x 2 times/year x .08 hour = 1 hour
20

Costs:

1 hour x $20.44 = $20

Additional monitoring EL
OSHA estimates there is a process change at one percent of all facilities where exposures exceed
the PEL/EL.
Primary manufacturing
Burden hours: (110 manufacturing facilities x 50%) x 1 % x 4 samples/facility x 2
times/year x .08 hour = 1 hour
Costs: 1 hour x $20.44 = $20
Secondary manufacturing
Burden hours: (133 manufacturing facilities x 50%) x 1 % x 3 samples/facility x 2
times/year x .08 hour = 1 hour
Costs: 1 hour x $20.44 = $20
Table 2
Summary of
Burden Hours and Cost for Exposure monitoring
Hours
TWA Periodic Monitoring
Primary Manufacturing
Secondary Manufacturing
EL Periodic Monitoring
Primary Manufacturing
Secondary Manufacturing

Cost

46
70

$940
$1,431

35
32

$715
$654

1
1

$20
$20

1
1
187

$20
$20
$3,820

TWA Additional Monitoring

Primary Manufacturing
Secondary Manufacturing
EL Additional Monitoring
Primary Manufacturing
Secondary Manufacturing
Total Burden Hour/Cost

B. Compliance program (§1910.1001(f)(2)(i), (ii) and (iii))
Employers have completed developing the initial compliance program, therefore no burden is
taken for this activity. However, employers must review and update their compliance plans as
necessary to reflect significant changes in the compliance program. OSHA estimates that 30
21

minutes (.5 hour) of supervisory time is required to update the compliance program and that 50%
of primary and 50% of secondary manufacturers annually update their plans. The burden and
costs are as follows:
Primary manufacturers
Burden hours: (110 facilities x 50%) x 1 update/year x .5 hour = 28 hours
Costs: 28 hours x $27.70 = $776
Secondary manufacturers
Burden hours: (133 facilities x 50%) x 1 update/year x .5 hour = 33 hours
Costs: 33 hours x $27.70 = $914
Specific compliance methods (§1910.1001(f)(3)(i) and (ii))
Specific compliance instructions are provided in the Standard for work associated with brake and
clutch repair; however, if employers choose to use another method of compliance, they must
follow other, written procedures. Some burden would occur if employers used procedures other
then those prescribed; however, OSHA assumes that employers choose the less burdensome
method of compliance and follow the procedures outlined in the Standard. Therefore, no burden
has been allocated for this provision.
C. Respirator program (§1910.1001(g)(2)(i), previously (g)(3)(i))
The Standard requires the employer to institute a respiratory protection program in accordance
with 29 CFR 1910.134. No burden is taken for this requirement. The burden is taken in the
Respiratory Protection paperwork package for §1910.134 (OMB Control Number 1218-0099).
D. Protective work clothing and equipment (§1910.1001(h)(3)(iv) and (v))
The Regulatory Impact Analysis assumes all affected employers provide employees with
disposable clothing, which requires no laundering. Therefore, no burden has been taken for this
provision.
E. Communication of hazards to employees
Duties of employers and building and facility owners (§1910.1001(j)(2)(i), (ii), (iii))
Building and facility owners must determine the presence, location and quantity of asbestos
containing material (ACM) and/or presumed asbestos containing material (PACM) at the work
site. Building and facility owners must maintain asbestos information for the duration of
ownership and must be transferred to successive owners. OSHA assumes that building
evaluations have been completed.
22

Building and facility owners and employers of potentially exposed employers must convey
specific information to employees regarding the location of ACM and PACM in their work
environment.
OSHA estimates 25% of primary and secondary facilities owners notify contractors four times a
year of ACM/PACM presence. Each notification takes three minutes (.05 hour) of supervisory
time.
Primary manufacturing
Burden hours: (110 manufacturing facilities x 25%) x 4 times/year x .05 hour = 6 hours
Costs: 6 hours x $27.70 = $166
Secondary manufacturing
Burden hours: (133 manufacturing facilities x 25%) x 4 times/year x .05 hour = 7 hours
Costs: 7 hours x $27.70 = $194
Each facility has one contractor and each contractor has 2 housekeeping employees. OSHA
estimates 25% of the contractors are required to notify employees working in the presence of
ACM/PACM four times a year. Each notification takes five minutes (.08 hour).
Primary manufacturing
Burden hours: (110 manufacturing facilities x 25%) x 4 times/year x .08 hour = 9 hours
Costs: 9 hours x $27.70 = $249
Secondary manufacturing
Burden hours: (133 manufacturing facilities x 25%) x 4 times/year x .08 hour = 11
hours
Costs: 11 hours x $27.70 = $305
Warning signs and labels (§1910.1001(j)(3)(i) and (j)(4)(i) and (ii))
The Standard provides specific language for the required signs and the labels. Therefore, OSHA
took no burden hours or costs for these requirements. (See final rule entitled “Controlling
Paperwork Burden on the Public,” 5 CFR 1320.3(c)(2).)
Material safety data sheets (§1910.1001(j)(5))
Employers who are manufacturers or importers of asbestos or asbestos products must comply
with the requirements regarding development of material safety data sheets as specified in 29
23

CFR 1910.1200(g) of the OSHA Hazard Communication Standard. Because these hours are
already included in the hazard communication paperwork package no hours are assumed in this
package.
Employee information and training (§1910.1001(j)(7)(i)(ii)(iii)(iv))
OSHA estimates 2,782 employees in primary manufacturing and 6,892 employees in secondary
manufacturing are trained annually and the annual employee turnover rate in the affected
industries is 20% (which is the same as a turnover factor of 1.2). Training sessions are
comprised of 20 employees and takes 45 minutes (.75 hour). Thus the burden is as follows:
Primary manufacturing
Burden hours: (2,782 employees x 1.2 turnover rate)/20 employees per session x 1
time/year x .75 hour = 125 hours
Costs: 125 hours x $27.70 = $3,463
Secondary manufacturing
Burden hours: (6,892 employees x 1.2 turnover rate)/20 employees per session x 1
time/year x .75 hour = 310 hours
Costs: 310 hours x $27.70 = $8,587
Each facility has two housekeeping employees (110 primary facilities x 2 housekeepers = 220
housekeepers) and (133 secondary manufacturing facilities x 2 housekeepers = 266
housekeepers). OSHA estimates there is a 10% turnover rate for these employees (factored in
equation as 1.1 turnover rate). Twenty employees attend each training sessions and it takes a
trainer 1.5 hours to provide training. The burden is as follows:
Primary manufacturing
Burden hours: (220 employees x 1.1 turnover rate)/20 employees per session x 1.5
hours = 18 hours
Costs: 18 hours x $27.70= $499
Secondary manufacturing
Burden hours: (266 employees x 1.1 turnover rate)/20 employees per session x 1.5
hours = 22 hours
Costs: 22 hours x $27.70 = $609
F. Medical surveillance (§1910.1001(l))
Pre-Placement examinations (§1910.1001(l)(2))
24

Before an employee is assigned to an occupation involving exposure to airborne concentrations
of asbestos fibers at or above the TWA and/or EL, employers must provide a physical
examination to the employee. For purposes of calculating burden hours and costs for new hires,
OSHA estimates there is a 20% employee turnover in the industry. There are 9,674 employees
eligible for medical surveillance program (2,782 primary manufacturing employee + 6,892
secondary manufacturing employees = 9,674). Each examination takes 1.5 hours of the
employee’s time (this includes 30 minutes of travel time). The burden is as follows:
Burden hours: 9,674 examinations x 20% x 1.5 hour = 2,902 hours
Costs: 2,902 hours x $22.16 = $64,308
Periodic examinations (§1910.1001(l)(3))
Employees receive only one examination annually, either pre-placement or periodic. Therefore,
in most instances, the termination of employment examination is accounted for by these types of
examinations. OSHA assumes one examination each year for the number of employees exposed
(9,674). Each medical examination takes 1.5 hours of employees time (this includes 30 minutes
of travel time). The burden for periodic and termination of employment exams is:
Burden hours: 9,674 examinations x 1 examination per year x 1.5 hour = 14,511 hours
Costs: 14,511 hours x $22.16 = $321,564
Medical questionnaire (§1910.1001(l)(2)(ii) and Appendix D))
In addition to the initial examination, paragraph (l)(2)(ii) of the Regulation requires that the
medical questionnaire in Appendix D, Part 1 be administered to each employee. Completion of
the questionnaire by an employee takes 30 minutes (.5 hour).
Burden hours: 9,674 employees x 20% turnover rate x 1 time x .5 hour = 967 hours
Costs: 967 hours x $22.16 = $21,429
In addition to the periodic medical examination the follow-up medical questionnaire, Appendix
D, Part 2, must be administered for each employee receiving a periodic examination. This
questionnaire is a shorter questionnaire than the first pre-placement questionnaire. Employees
take 10 minutes (.17 hour) to complete the briefer questionnaire.
Burden hours: 9,674 questionnaires x 1 per year x .17 hour = 1,645 hours
Costs: 1,645 hours x $22.16 = $36,453
Information provided to the physician (§1910.1001(l)(6))
Employers take 5 minutes (.08 hour), per employee, to furnish the required information to the
physician. The estimated number of examinations is based on the number of employees (9,674)
25

and a 20% turnover rate or (9,674 x 1.2). A secretary, earning $20.44 per hour provides the
required information to the physician.
Burden hours: 9,674 employees x 1.2 turnover rate x 1 per year x .08 hour = 929 hours
Costs: 929 hours x $20.44 = $18,989
Physician’s written opinion (§1910.1001(1)(7))
To make and distribute a copy of the physician’s written opinion to the employee takes an
employer 5 minutes (.08 hour). As stated above the number of examinations is based on the
number of employees (9,674) and a 20% turnover rate or (9,674 x 1.2). A secretary provides the
opinion to the employee.
Burden hours: 9,674 employees x 1.2 turnover rate x 1/year x .08 hour = 929 hours
Costs: 929 hours x $20.44 = $18,989
G. Recordkeeping (§1910.1001(m))
Maintaining the records required by the regulation, takes a clerical employee 5 minutes (.08
hour) per record. Thus the burden for the recordkeeping provision is as follows:
Exposure monitoring records (§1910.1001(m)(1)(I))
Periodic monitoring for the EL
Primary manufacturing
Burden hours: (110 manufacturing facilities x 50%) x 4 samples/facility x 2 times/year
x .08 hour = 35 hours
Costs: 35 hours x $20.44 = $715
Secondary manufacturing
Burden hours: (133 manufacturing facilities x 50%) x 3 samples/facility x 2 times/year
x .08 hour = 32 hours
Costs: 32 hours x $20.44 = $654
Periodic monitoring for TWA
Burden hours: 290 workstations x 1 sample x 2 times/year x .08 hour = 46 hours
Costs: 46 hours x $20.44 = $940
Burden hours: 439 workstations x 1 sample x 2 times/year x .08 hour = 70 hours
Costs: 70 hours x $20.44 = $1,431
26

Additional monitoring PEL/EL
Burden hours: (110 manufacturing facilities x 50%) x 1 % x 4 samples/facility x 2
times/year x .08 hour = 1 hour
Costs: 1 hour x $20.44 = $20
Burden hours: (133 manufacturing facilities x 50%) x 1 % x 3 samples/facility x 2
times/year x .08 hour = 1 hour
Costs: 1 hour x $20.44 = $20
Additional monitoring (PEL/TWA)
Burden hours: 290 workstations x 1% x 1 sample x 2 times/year x .08 hour = 1 hour
Costs: 1 hour x $20.44 = $20
Burden hours: 439 workstations x 1% x 1 sample x 2 times/year x .08 hour = 1
hour
Costs: 1 hour x $20.44 = $20
Medical records (§1910.1001(m)(3))
Burden hours: 9,674 employees x 1.2 turnover rate x 1/year x .08 hour = 929 hour
Costs: 929 hours x $20.44 = $18,989
Training records (§1910.1001(m)(4))
Primary manufacturing
Burden hours: 2,782 employees x 20% turnover rate/20 employees per session x 1
time/year x .08 hour = 2 hours
Costs: 2 hours x $20.44 = $41
Secondary manufacturing
Burden hours: 6,892 employees x 20% turnover rate/20 employees per session x 1
time/year x .08 hour = 6 hours
Costs: 6 hours x $20.44 = $123
Primary manufacturing
Burden hours: 220 employees x 10% turnover rate/20 employees per session x .08 hour
= 1 hour
Costs: 1 hour x $20.44 = $20

27

Secondary manufacturing
Burden hours: 266 employees x 10% turnover rate/20 employees per session x .08 hour
= 1 hour
Costs: 1 hour x $20.44 = $20
Employee access
The Agency estimates that approximately 10% of the employees request to see his or her records
annually, therefore the burden is as follows:
Burden hours: 9,674 employees x 10% x .08 hour = 77 hours
Costs: 77 hours x $20.44 = $1,574
Federal government access
In the past year, the Agency has conducted 80 inspections. A supervisor 5 minutes (.08 hour) to
disclose records to compliance officers, thus the burden and cost is as follows:
Burden hours: 80 inspections x .08 hour = 6 hours
Costs: 6 hours x $27.70 = $166
Transfer of records
If at any time an employer ceases to do business and there is no successor employer to receive
and retain the records for the prescribed period, the employer shall notify the Director, at least
three (3) months prior to disposal, and transmit them to the Director if required by the Director
within that period.
In case any records are transferred to NIOSH in this year, it is assumed that 1 employer will send
records to NIOSH, and that a secretary, earning $20.44 per hour, would expend 1 hour to prepare
and send records. Burden estimate is one hour, at a cost of $20.
13.

Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
•

The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life); and (b) a total operation and
maintenance and purchase of services component. The estimates should take into account
costs associated with generating, maintaining, and disclosing or providing the information.
Include descriptions of methods used to estimate major cost factors including system and
technology acquisition, expected useful life of capital equipment, the discount rate(s), and the
time period over which costs will be incurred. Capital and start-up costs include, among
other items, preparations for collecting information such as purchasing computers and
software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

28

•

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens
and explain the reasons for the variance. The cost of purchasing or contracting out
information collection services should be a part of this cost burden estimate. In developing
cost burden estimates, agencies may consult with a sample of respondents (fewer than 10),
utilize the 60-day pre-OMB submission public comment process and use existing economic or
regulatory impact analysis associated with the rulemaking containing the information
collection, as appropriate.

•

Generally, estimates should not include purchases of equipment or services, or portions
thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with
requirements not associated with the information collection, (3) for reasons other than to
provide information or keep records for the government, or (4) as part of customary and
usual business or private practices.

The Office of Regulatory Analysis has assumed that employers would contract out Industrial
Hygiene Services at the costs of $50 per hour. Thus the costs are as follows:
For the PEL/ EL periodic monitoring, it is assumed that 50% of the facilities will continue to
exceed the limit and subsequently will perform semi-annual monitoring. It is estimated that
approximately 110 primary and 133 secondary manufacturers will be affected. Also, 3 to 4
samples will be collected during each sampling period. Thus the costs are as follows:
Periodic monitoring for EL
Primary manufacturing
(110 Manufacturing facilities x 50%) x 4 samples/facility x 2 times/year x $50 = $22,000
Secondary manufacturing
(133 Manufacturing facilities x 50%) x 3 samples/facility x 2 times/year x $50 = $19,950
For TWA monitoring, employers sample one employee at each workstation to represent the
asbestos exposure of all employees working at that workstation. Workstations in primary
manufacturing have approximately 9.6 employees per workstation. In secondary manufacturing
there are 15.7 employees per station. To calculate sample numbers and derive burden, the
estimated number of employees exposed above the level was divided by the average size
workstation (9.6 and 15.7 workstations). Monitoring occurs twice annually; the costs are as
follows:
Periodic monitoring for TWA
Primary manufacturing
2,782 employees/9.6 employees per workstation = 290 workstations
290 workstations x 1 sample x 2 times/year x $50 = $29,000
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Secondary manufacturing
6,892 employees/15.7 employees per workstation = 439 workstations
439 workstations x 1 sample x 2 times/year x $50 = $43,900
Additional monitoring EL
A process change occurs at one percent of all facilities where exposures exceed the PEL/EL.
Therefore, it was estimated that the burden associated will be as follows:
Primary manufacturing
(110 Manufacturing x 50%) x 1% x 4 samples/facility x 2 times/year x $50 = $220
Secondary manufacturing
(133 Manufacturing x 50%) x 1 % x 3 samples/facility x 2 times/year x $50 = $200
Additional monitoring TWA
A process change occurs at one percent of all facilities where exposures exceed the PEL/TWA.
Therefore, it was estimated that the burden associated will be as follows:
Primary manufacturing
290 workstations x 1% x 1 sample x 2 times/year x $50 = $290
Secondary manufacturing
439 workstations x 1% x 1 sample x 2 times/year x $50 = $439
Monitoring Activity

Cost to Primary
Manufacturing

Cost to Secondary
Manufacturing

Total

Periodic Monitoring EL

$22,000

$19,950

$41,950

Periodic Monitoring TWA

$29,000

$43,900

$72,900

Additional Monitoring EL

$220

$200

$420

Additional Monitoring TWA

$290

$439

$729

Total

$115,999

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Medical examinations
9,674 examinations x 20% (turnaround) x 1 time x $130 = $251,524
9,674 examinations x 1 examination/year x $130 =
$1,257,620
Total
$1,509,144
The total cost for respondent to conduct exposure monitoring and provide medical examinations
is $1,625,143.
14.

Provide estimates of annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), and any other expense that would not
have been incurred without this collection of information. Agencies also may aggregate cost
estimates from Items 12, 13, and in a single table.

Transfer of records to NIOSH
The Standard requires that if an employer ceases to do business and there is no successor to
preserve and maintain employee records for the required periods of time, the records must be
transmitted to NIOSH. Also, at the expiration of the retention period for the records required to
be maintained, employers must notify NIOSH at least three months prior to the disposal of such
records and transmit those records to NIOSH if requested within the period.
The cost to the Federal government consists of the costs associated with processing records from
employers who cease to do business and have no successor to preserve and maintain employee
records, or when the retention period for those records has expired and NIOSH has requested the
records be transmitted to them. Determining which employer records are asbestos in
construction versus ones that are in asbestos general industry is not readily identifiable. All
records transferred to NIOSH were accounted for in the Asbestos in Construction ICR (12180134).
Federal Inspections
The Agency assumes that it will take a compliance officer who earns $36.26 per hour 10 minutes
to review the records. Therefore, the cost to the Federal Government related to inspections is as
follows:
Costs: 80 inspections x $36.26 x .17 hour = $493
15.

Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB
Form 83-I.

There are no program changes or adjustments to items 13 or 14 of the OMB 83-1.
16.

For collections of information whose results will be published, outline plans for tabulation, and

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publication. Address any complex analytical techniques that will be used. Provide the time schedule
for the entire project, including beginning and ending dates of the collection information, completion
of report, publication dates, and other actions.

This collection of information will not have results that will be published for statistical use.
17.

If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.

There are no forms on which to display the expiration date.
18.

Explain each exception to the certification statement identified in Item 19. "Certification for
Paperwork Reduction Act Submission," of OMB 83-I.

The Collection of Information does not request any exemptions from the certification statement
identified in Item 19 "Certification for Paperwork Reduction Act Submissions, "OMB Form 83I.”

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