Mcrocisss_1218-0179(2008)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
METHYLENE CHLORIDE STANDARD (29 CFR 1910.1052) 1
(OMB CONTROL NO. 1218-0179 (June 2008))

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 (“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
standards” (29 U.S.C. 651).
To protect employee health, the OSH Act authorizes the Occupational Safety and Health
Administration (“OSHA” or “Agency”) 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 . . . to most effectively determine whether the health of such
employees is adversely affected by such exposure” (29 U.S.C. 655). The OSH Act also mandates
that “[e]ach employer shall make, keep and preserve, and make available to the Secretary [of
Labor] . . . such records regarding [their] activities relating to this Act as the Secretary . . . may
prescribe by regulation as necessary or appropriate for the enforcement of the 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 the Agency to “issue regulations
requiring employers to maintain accurate records of employee exposures 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).

1

The purpose of this Supporting Statement is to analyze and describe the burden hours and cost associated
with provisions of the Methylene Chloride Standard that contain paperwork requirements; it does not provide
information or guidance on how to comply with or to enforce the standard. The Methylene Chloride Standard for
the Construction Industry and Shipyard Employment Industry (29 CFR 1926.1152 and 29 CFR 1915.1052,
respectively) incorporate 29 CFR 1910.1052 by reference.

Under the authority granted by the OSH Act, OSHA published a health standard regulating
employee exposure to methylene chloride (the “Standard”; 29 CFR 1910.1052, 29 CFR
1915.1052, and 29 CFR 1926.1152.). The basis for the Standard was a determination by OSHA
that occupational exposure to methylene chloride (MC) poses a hazard to employees. MC is a
solvent used for such applications as paint stripping, polyurethane-form manufacturing, cleaning,
and degreasing. Inhalation and skin exposure are the predominant means of employee exposure
to MC. Inhaling MC vapor causes mental confusion, light-headedness, nausea, vomiting, and
headache. With acute or short-term exposure, MC acts as an anesthetic; prolonged exposure may
cause staggering, unconsciousness, and even death. High concentrations of MC vapors may
cause eye and respiratory tract irritation, and aggravate angina symptoms. Skin contact with
liquid MC causes irritation and burns, while splashing MC into eyes causes irritation. Studies on
laboratory animals indicate that long-term (chronic) exposure causes cancer. Employees
exposed to MC are at increased risk of developing cancer, adverse heart effects, central nervous
system and liver damage, and severe skin or eye irritation. Items 2 and 12 below list and
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.

A. Exposure monitoring (§1910.1052(d))
Initial determination (§1910.1052(d)(2)) -- Each employer whose employees are exposed to MC
shall perform initial exposure monitoring to determine each affected employee's exposure, except
under the following conditions:
§1910.1052(d)(2)(i) -- Where objective data demonstrate that MC cannot be released in the
workplace in airborne concentrations at or above the action level or above the STEL. 2 The
objective data shall represent the highest MC exposures likely to occur under reasonably
foreseeable conditions of processing, use, or handling. The employer shall document the
objective data exemption as specified in paragraph (m) of this section;
§1910.1052(d)(2)(ii) -- Where the employer has performed exposure monitoring within 12
months prior to April 10, 1997 and that exposure monitoring meets all other requirements of this
section, and was conducted under conditions substantially equivalent to existing conditions; or
§1910.1052(d)(2)(iii) -- Where employees are exposed to MC on fewer than 30 days per year
(e.g., on a construction site), and the employer has measurements by direct-reading instruments
which give immediate results (such as a detector tube) and which provide sufficient information
regarding employee exposures to determine what control measures are necessary to reduce
exposures to acceptable levels.

2

The 8-hour TWA assesses an employee’s exposure relative to the 8-hour TWA permissible exposure limit
(PEL), while the 15-minute exposure measurement determines the employee’s exposure relative to the short-term
exposure limit (STEL).

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Purpose: Initial monitoring assists employers in identifying areas of operation that may require
additional efforts to reduce exposure and come into compliance with the Standard. Initial
monitoring results also assist employers in determining the need for engineering controls,
instituting or modifying work practices, and selecting appropriate respiratory protection to
prevent employee overexposure. This information also determines whether or not the employer
must perform periodic monitoring.
Periodic monitoring (§1910.1052(d)(3)) -- Where the initial determination shows employee
exposures at or above the action level or above the STEL, the employer shall establish an
exposure monitoring program for periodic monitoring of employee exposure to MC in
accordance with Table 1:
Table 1
Employee Exposure

Monitoring Frequency

Below the AL and at or below the STEL.

No 8-hour TWA or STEL monitoring
required.

Below the AL and above the STEL.

No 8-hour TWA exposure monitoring
required; must assess STEL every 3 months.

At or above the AL, at or below the TWA,
and at or below the STEL.

Monitor 8-hour TWA every 6 months.

At or above the AL, at or below the TWA,
and above the STEL.

Monitor 8-hour TWA every 6 months and
STEL every 3 months.

Above the TWA and at or below the STEL.

Monitor 8-hour TWA every 3 months.

Above the TWA and above the STEL.

Monitor 8-hour TWA and STEL every 3
months.

Purpose: Periodic monitoring is appropriate because relatively minor changes in processes,
materials, or ambient conditions may affect airborne concentrations of MC; therefore, by using
periodic monitoring, employers can evaluate the effectiveness of selected control methods. In
addition, periodic measurements remind both the employer and employee of the continued need
to protect against the hazards that can result from overexposure to MC.
Additional monitoring (§1910.1052(d)(4)) -- The employer shall perform exposure monitoring
when a change in workplace conditions indicates that employee exposure may have increased.
Examples of situations that may require additional monitoring include changes in production,
process, control equipment, or work practices, or a leak, rupture, or other breakdown.
Purpose: Additional monitoring ensures that the workplace is safe, or alerts the employer to the
need to increase employee protection.

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Employee notification of monitoring results (§1910.1052(d)(5)(i) -- The employer shall, within
15 working days after the receipt of the results of any monitoring performed under this section,
notify each affected employee of these results in writing, either individually or by posting of
results in an appropriate location that is accessible to affected employees.
§1910.1052(d)(5)(ii) -- Whenever monitoring results indicate that employee exposure is above
the 8-hour TWA PEL or the STEL, the employer shall describe in the written notification the
corrective action being taken to reduce employee exposure to or below the 8-hour TWA PEL or
STEL and the schedule for completion of this action.
Purpose: Notification provides employees with information about the efforts the employer is
taking to lower their MC exposures and to furnish them with a safe and healthful workplace in
accordance with section 8(c)(3) of the Act.
B. Regulated areas (§1910.1052(e))
§1910.1052(e)(7) -- An employer at a multi-employer worksite who establishes a regulated area
shall communicate the access restrictions and locations of these areas to all other employers with
work operations at that worksite. 3
Purpose: This requirement protects the employees of the other employers by ensuring that they
avoid the regulated areas or are properly protected if they enter a regulated area.
C. Respiratory protection (§1910.1052(g))
Respirator program (§1910.1052(g)(2))
The employer must implement a respiratory protection program in accordance with 29
CFR 1910.134 (b) through (m) (except (d)(1)(iii) and (d)(3)(iii)(B)(1) and (2)). 4
Purpose: To ensure that employers establish a standardized procedure for selecting, using, and
maintaining respirators for each workplace that requires respirator use. Developing written
procedures ensures that employers implement the required respirator program in an effective and
reliable manner that addresses the unique characteristics (including chemical hazards) of the
workplace.

3

This provision is similar to a requirements specified in paragraph (e)(2) (“Multi-employer workplaces”) of
OSHA’s Hazard Communication (HC) Standard (§§ 1910.1200, 1915.1200, and 1926.59). Accordingly, the
Agency is accounting for the burden hours and cost resulting from this notification requirement under the
Information Collection Request (ICR) for the HC Standard, Office of Management and Budget (OMB) Control
Number 1218-0072.
4

Paragraph (c) of §1910.134 requires employers to develop and implement a written respiratory-protection
program with worksite-specific procedures, including program elements for respirator use.

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Medical evaluation (§1910.1052(g)(4)) - Before having an employee use a supplied-air respirator
in the negative-pressure mode, or a gas mask with an organic-vapor canister for emergency
escape, the employer must: 5
§1910.1052(g)(4)(i) -- Have a physician or other licensed health-care professional (PLHCP)
evaluate the employee's ability to use such respiratory protection.
§1910.1052(g)(4)(ii) -- Ensure that the PLHCP provides their findings in a written opinion to the
employee and the employer.
Purpose: The medical evaluation provides the employer and employee with assurance that the
employee can safely use the respirators covered by this provision.
D. Medical surveillance (§1910.1052(j))
Affected Employees (§1910.1052(j)(1)) -- The employer shall make medical surveillance
available for employees who are or may be exposed to MC as follows:
§1910.1052(j)(1)(i) -- At or above the action level on 30 or more days per year, or above the 8hour TWA PEL or the STEL on 10 or more days per year;
§1910.1052(j)(1)(ii) -- Above the 8-TWA PEL or STEL for any time period where an employee
has been identified by a physician or other licensed health care professional as being at risk from
cardiac disease or from some other serious MC-related health condition and such employee
requests inclusion in the medical surveillance program;
§1910.1052(j)(1)(iii) -- During an emergency.
Initial Surveillance, Periodic Medical Surveillance, Termination of Employment or
Reassignment, and Additional Surveillance (§ 1910.1052(j)(4)(i)-(j)(4)(iv))
Frequency of medical surveillance (§1910.1052(j)(4)) -- The employer shall make medical
surveillance available to each affected employee as follows:
Initial surveillance (§1910.1052(j)(4)(i)) -- The employer shall provide initial medical
surveillance under the schedule provided by paragraph (n)(2)(iii) of this section, or before the
time of initial assignment of the employee, whichever is later. The employer need not provide
the initial surveillance if medical records show that an affected employee has been provided with
medical surveillance that complies with this section within 12 months before April 10, 1997.
Periodic medical surveillance (§1910.1052(j)(4)(ii)) -- The employer shall update the medical
and work history for each affected employee annually. The employer shall provide periodic
physical examinations, including appropriate laboratory surveillance, as follows:
5

The Agency believes that this requirement does not result in an information collection burden to employers
because the provision requires PLHCPs, not employers, to provide the written opinion to employees. Therefore,
OSHA is not attributing any burden hours or cost to this provision under PRA-95.

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§1910.1052(j)(4)(ii)(A) -- For employees 45 years of age or older, within 12 months of the
initial surveillance or any subsequent medical surveillance; and
§1910.1052(j)(4)(ii)(B) -- For employees younger than 45 years of age, within 36 months of
the initial surveillance or any subsequent medical surveillance.
Termination of employment or reassignment (§1910.1052(j)(4)(iii)) -- When an employee leaves
the employer's workplace, or is reassigned to an area where exposure to MC is consistently at or
below the action level and STEL, medical surveillance shall be made available if six months or
more have elapsed since the last medical surveillance.
Additional surveillance (§1910.1052(j)(4)(iv)) -- The employer shall provide additional medical
surveillance at frequencies other than those listed above when recommended in the written
medical opinion. 6 (For example, the physician or other licensed health care professional may
determine an examination is warranted in less than 36 months for employees younger than 45
years of age based upon evaluation of the results of the annual medical and work history.)
Purpose: The medical-surveillance program specified by the Standard enables employers to
determine if any employees have underlying health conditions that places them at increased risk
if exposed to MC, to insofar as possible, early or mild clinical conditions related to MC exposure
so that they can take appropriate preventive measures; and identify any diseases that occur as a
result of MC exposure.
Documentation and maintenance of medical-surveillance results provide a continuous record of
employee health. PLHCPs use these records to determine the extent to which employees,
subsequent to their last medical examination, experience health effects related to MC exposure.
Further, if symptoms of organic damage appear, the PLHCP 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 or other licensed health care professional
(§1910.1052(j)(8))
The employer shall provide the following information to a physician or other licensed
health care professional who is involved in the diagnosis of MC-induced health effects:
§1910.1052(j)(8)(i) -- A copy of this section including its applicable appendices;
§1910.1052(j)(8)(ii) -- A description of the affected employee's past, current and anticipated
future duties as they relate to the employee's MC exposure;
6

OSHA believes that PLHCPs seldom make such a recommendation and, therefore, is not attributing any burden
hours or cost to this requirement.

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§1910.1052(j)(8)(iii) -- The employee's former or current exposure levels or, for employees not
yet occupationally exposed to MC, the employee's anticipated exposure levels and the frequency
and exposure levels anticipated to be associated with emergencies;
§1910.1052(j)(8)(iv) -- A description of any personal protective equipment, such as respirators,
used or to be used; and
§1910.1052(j)(8)(v) -- Information from previous employment-related medical surveillance of
the affected employee which is not otherwise available to the physician or other licensed health
care professional.
Purpose: Making this information available to PLHCPs assists them in evaluating the
employee's health and fitness for specific job assignments involving MC exposure. The PLHCP
uses this information to determine if an observed health condition involves MC exposure and, if
so, the need to reduce the employee’s MC exposure. Accordingly, if symptoms of organic
damage appear, the PLHCP must obtain information about an employee’s previous medical
conditions to make an accurate diagnosis of the new condition, it’s apparent cause, and the
course of treatment required. The information also notifies the PLHCP regarding the existence
and extent of potential sources of occupational diseases. In addition, medical records allow
employees to determine whether or not they require treatment, and to evaluate the effectiveness
of the employer’s exposure-reduction program.
Medical removal protection (MRP) (§1910.1052(j)(11))
§1910.1052(j)(11)(i)(A) -- Except as provided in paragraph (j)(10) of this section,
when a medical determination recommends removal because the employee's
exposure to MC may contribute to or aggravate the employee's existing cardiac,
hepatic, neurological (including stroke), or skin disease, the employer must
provide medical removal protection benefits to the employee and either:
§1910.1052(j)(11)(i)(A)(1) -- Transfer the employee to comparable work where
methylene chloride exposure is below the action level; or
§1910.1052(j)(11)(i)(A)(2) -- Remove the employee from MC exposure. 7
§1910.1052(j)(11)(i)(B) -- If comparable work is not available and the employer is able to
demonstrate that removal and the costs of extending MRP benefits to an additional employee,
7

Paragraph (j)(10) specifies that the physician or other licensed health care professional shall presume,
unless medical evidence indicates to the contrary, that a medical condition is unlikely to require medical removal
from MC exposure if the employee is not exposed to MC above the 8-hour TWA PEL. If the physician or other
licensed health care professional recommends removal for an employee exposed below the 8-hour TWA PEL, the
physician or other licensed health care professional shall cite specific medical evidence, sufficient to rebut the
presumption that exposure below the 8-hour TWA PEL is unlikely to require removal, to support the
recommendation. If such evidence is cited by the physician or other licensed health care professional, then the
employer must remove the employee.

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considering feasibility in relation to the size of the employer's business and the other
requirements of this standard, make further reliance on MRP an inappropriate remedy, the
employer may retain the additional employee in the existing job until transfer or removal
becomes appropriate, provided:
§1910.1052(j)(11)(i)(B)(1) -- The employer ensures that the employee receives
additional medical surveillance, including a physical examination at least every
60 days until transfer or removal occurs; and
§1910.1052(j)(11)(i)(B)(2) -- The employer or PLHCP informs the employee of
the risk to the employee's health from continued MC exposure.
§1910.1052(j)(11)(i)(C) -- The employer shall maintain in effect any job-related
protective measures or limitations, other than removal, for as long as a medical
determination recommends them to be necessary.
End of MRP benefits and return of the employee to former job status (§1910.1052(j)(11)(ii))
§1910.1052(j)(11)(ii)(A) -- The employer may cease providing MRP benefits at the
earliest of the following:
§1910.1052(j)(11)(ii)(A)(1) -- Six months;
§1910.1052(j)(11)(ii)(A)(2) -- Return of the employee to the employee's former
job status following receipt of a medical determination concluding that the
employee's exposure to MC no longer will aggravate any cardiac, hepatic,
neurological (including stroke), or dermal disease;
§1910.1052(j)(11)(ii)(A)(3) - Receipt of a medical determination concluding that
the employee can never return to MC exposure.
Purpose: This provision prevents the risk of further physical debilitation resulting from serious
MC-related medical conditions among employees who have MC exposures at or above the AL.
Multiple health care professional review mechanism (§1910.1052(j)(14))
If an employer selects the PLHCP to perform any medical examinations or consultations
required in paragraph (j)(11), they must notify employees, when the employer provides them
with a copy of the PLHCP’s written medical opinion, of their right to seek a second opinion. If
an employee disagrees with the medical opinion provided by the employer-selected PLHCP, the
employer must pay for a PLHCP chosen by the employee to review any findings, determinations,
or recommendations of the first PLHCP, and to conduct any examinations, consultations, and
laboratory tests they deem necessary to complete the review. If the opinions of the two PLHCPs
differ, and they are unable to resolve their disagreement they must jointly designate a specialist
in the field at issue to review, at the employer’s expense, the findings, determinations, or
recommendations of the first two PLHCPs. The specialist can then conduct such examinations,

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consultations, and laboratory tests, as well as discussions with the first two PLHCPs, that they
believe are necessary to resolve the disagreement other the prior PLHCPs. The written opinion
of the specialist is the definitive medical determination.
The Agency identified only two minor paperwork requirements for employers in this provision.
The first, in paragraph (j)(14)(i), specifies that employers must notify employees, after the
employees receive a medical opinion, of their right to seek a second medical opinion. Second,
paragraph (j)(14)(iii) addresses conflicting medical opinions rendered by two PLHCPs by
requiring employers (and employees) to instruct the two PLHCPs to resolve their disagreement.
OSHA believes that employers notify employees of their right to a second opinion by having
PLHCPs include a standardized notification in the written medical opinions they send to
employees. Informing the two PLHCPs to resolve a disagreement is a rare event that takes less
than 1 minute to perform if required. As these paperwork requirements impose minimal hour
and cost burdens on employers, the Agency is not including them in this ICR.
OSHA believes that multiple-physician review improves employee participation in an
employer’s medical-surveillance program, thereby increasing early detection and treatment MCrelated diseases. However, program participation is strictly voluntary on the part of employees.
If the medical opinion provided by the employer’s PLHCP could result in job removal, and no
opportunity exists for employees to obtain a second medical opinion, many of them would refuse
to participate in the medical-surveillance program.
E. Hazard communication (§1910.1052(k))
The employer shall communicate the following hazards associated with MC on labels and
in material safety data sheets in accordance with the requirements of the Hazard
Communication Standard, 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 1926.59,
as appropriate: cancer, cardiac effects (including elevation of carboxyhemoglobin),
central nervous system effects, liver effects, and skin and eye irritation. 8
Purpose: OSHA believes that this notification requirement protects employees by alerting them
to potential MC exposure, thereby allowing them to take appropriate actions to control this
exposure. In addition, this requirement supplements the hazard-recognition training employees
receive under the Standard.
F. Employee information and training (§1910.1052(l))
§1910.1052(l)(1) -- The employer shall provide information and training for each affected
employee prior to or at the time of initial assignment to a job involving potential exposure to
MC.
§1910.1052(l)(2) -- The employer shall ensure that information and training is presented in a
manner that is understandable to the employees.
8

The Agency is accounting for the burden hours and cost resulting from this notification requirement under the
Information Collection Request (ICR) for the HC Standard, OMB Control Number 1218-0072.

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§1910.1052(l)(3) -- In addition to the information required under the Hazard Communication
Standard at 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 1926.59, as appropriate:
§1910.1052(l)(3)(i) -- The employer shall inform each affected employee of the requirements of
this section and information available in its appendices, as well as how to access or obtain a copy
of it in the workplace;
§1910.1052(l)(3)(ii) -- Wherever an employee's exposure to airborne concentrations of MC
exceeds or can reasonably be expected to exceed the action level, the employer shall inform each
affected employee of the quantity, location, manner of use, release, and storage of MC and the
specific operations in the workplace that could result in exposure to MC, particularly noting
where exposures may be above the 8-hour TWA PEL or STEL;
§1910.1052(l)(5) -- The employer shall re-train each affected employee as necessary to ensure
that each employee exposed above the action level or the STEL maintains the requisite
understanding of the principles of safe use and handling of MC in the workplace.
§1910.1052(l)(6) -- Whenever there are workplace changes, such as modifications of tasks or
procedures or the institution of new tasks or procedures, which increase employee exposure, and
where those exposures exceed or can reasonably be expected to exceed the action level, the
employer shall update the training as necessary to ensure that each affected employee has the
requisite proficiency.
§1910.1052(l)(7) -- An employer whose employees are exposed to MC at a multi-employer
worksite shall notify the other employers with work operations at that site in accordance with the
requirements of the Hazard Communication Standard, 29 CFR 1910.1200, 29 CFR 1915.1200,
or 29 CFR 1926.59, as appropriate.
§1910.1052(l)(8) -- The employer shall provide to the Assistant Secretary or the Director, upon
request, all available materials relating to employee information and training.
Purpose: Training is essential to inform employees of the health hazards resulting from MC
exposure and to provide them with the understanding necessary to minimize these hazards.
Training also enables employees to recognize operations and locations associated with MC
exposures.
G. Recordkeeping (§1910.1052(m))
Objective Data (§1910.1052(m)(7)(i)) -- Where an employer seeks to demonstrate that initial
monitoring is unnecessary through reasonable reliance on objective data showing that any
materials in the workplace containing MC will not release MC at levels which exceed the action
level or the STEL under foreseeable conditions of exposure, the employer shall establish and
maintain an accurate record of the objective data relied upon in support of the exemption.
§1910.1052(m)(1)(ii)(A) -- The MC-containing material in question;

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§1910.1052(m)(1)(ii)(B) -- The source of the objective data;
§1910.1052(m)(1)(ii)(C) -- The testing protocol, results of testing, and/or analysis of the
material for the release of MC;
§1910.1052(m)(1)(ii)(D) -- A description of the operation exempted under paragraph
(d)(2)(i) of this section and how the data support the exemption; and
§1910.1052(m)(1)(ii)(E) -- Other data relevant to the operations, materials, processing, or
employee exposures covered by the exemption.
§1910.1052(m)(1)(iii) -- The employer shall maintain this record for the duration of the
employer's reliance upon such objective data.9
Purpose: Maintaining the records allows OSHA to ascertain whether or not employers are
complying with the Standard, thereby ensuring that employees are receiving adequate protection
from MC exposures. In addition, employees and their representatives have access to these
records, thereby providing assurance that the employer’s application of the exception is
reasonable.
Exposure measurements (§1910.1052(m)(2))
§1910.1052(m)(2)(i) -- The employer shall establish and keep an accurate record of all
measurements taken to monitor employee exposure to MC as prescribed in paragraph (d) of this
section.
§1910.1052(m)(2)(ii) -- Where the employer has 20 or more employees, this record shall include
at least the following information:
§1910.1052(m)(2)(ii)(A) -- The date of measurement for each sample taken;
§1910.1052(m)(2)(ii)(B) -- The operation involving exposure to MC which is being
monitored;
§1910.1052(m)(2)(ii)(C) -- Sampling and analytical methods used and evidence of their
accuracy;
§1910.1052(m)(2)(ii)(D) -- Number, duration, and results of samples taken;
§1910.1052(m)(2)(ii)(E) -- Type of personal protective equipment, such as respiratory
protective devices, worn, if any; and

9

Based on the Final Economic Analysis (FEA) of the final Standard, OSHA is assuming that no establishments
use objective data as a substitute for exposure monitoring. Accordingly, the Agency is not attributing any burden
hours or cost to this provision in this ICR.

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§1910.1052(m)(2)(ii)(F) -- Name, social security number, job classification and exposure
of all of the employees represented by monitoring, indicating which employees were
actually monitored.
§1910.1052(m)(2)(iii) -- Where the employer has fewer than 20 employees, the record shall
include at least the following information:
§1910.1052(m)(2)(iii)(A) -- The date of measurement for each sample taken;
§1910.1052(m)(2)(iii)(B) -- Number, duration, and results of samples taken; and
§1910.1052(m)(2)(iii)(C) -- Name, social security number, job classification and
exposure of all of the employees represented by monitoring, indicating which employees
were actually monitored.
§1910.1052(m)(2)(iv) -- The employer shall maintain this record for at least thirty (30) years, in
accordance with 29 CFR 1910.1020.
Medical surveillance (§1910.1052(m)(3))
§1910.1052(m)(3)(i) -- The employer shall establish and maintain an accurate record for each
employee subject to medical surveillance under paragraph (j) of this section.
§1910.1052(m)(3)(ii) -- The record shall include at least the following information:
§1910.1052(m)(3)(ii)(A) -- The name, social security number and description of the duties of
the employee;
§1910.1052(m)(3)(ii)(B) -- Written medical opinions; and
§1910.1052(m)(3)(ii)(C) -- Any employee medical conditions related to exposure to MC.
§1910.1052(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.
Availability (§1910.1052(m)(4))
§1910.1052(m)(4)(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 in accordance with 29 CFR 1910.1020.
[Note to paragraph (m)(4)(i): All records required to be maintained by this section may be kept
in the most administratively convenient form (for example, electronic or computer records would
satisfy this requirement).]

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§1910.1052(m)(4)(ii) -- The employer, upon request, shall make any employee exposure and
objective data records required by this section available for examination and copying by affected
employees, former employees, and designated representatives in accordance with 29 CFR
1910.1020.
§1910.1052(m)(4)(iii) -- The employer, upon request, shall make employee medical records
required to be kept by this section available for examination and copying by the subject
employee and by anyone having the specific written consent of the subject employee in
accordance with 29 CFR 1910.1020.
Purpose: An OSHA compliance officer uses these records to assess employer compliance with
the major requirements of the Standard. Employees and their designated representatives use
exposure-monitoring and medical-surveillance records to assess employee medical status over
the course of employment, to evaluate the effectiveness of the employer’s exposure-reduction
program, and for other reasons.
Accordingly, access to these records is necessary to provide both direct and indirect
improvements in the detection, treatment, and prevention of occupational exposure to MC.
Transfer of records (§1910.1052(m)(5))
The employer shall comply with the requirements concerning transfer of records set forth in 29
CFR 1910.1020(h).
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 the
required records. OSHA wrote the paperwork requirement of the Standard in performanceoriented language, i.e., in term of what data to collect, not how to record 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 collection requirements of the Standard are specific to each employer and
employee involved, and no other source or agency duplicates these requirements or can make the
required information available to the Agency (i.e., the required information is available only
from employers).
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.

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

--13--

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 the Standard are the minimum frequencies
that the Agency believes are necessary to ensure that the employer and OSHA can effectively
monitor the exposure and health status of employees working with MC.
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 ledge, 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.

Paragraph (d)(5) of the Standard requires that employers, within 15 working days after receiving
the results of any exposure monitoring performed under the Standard, notify each affected
employee of their results in writing, either individually or by posting the results in an appropriate
location. This information collection is otherwise consistent with 5 CFR 1320.5.
8.

If applicable, provide a copy and identify the data 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.

--14--

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA
published a notice in the Federal Register on April 24, 2008 (73 FR 22176, Docket No. OSHA2008-0009) requesting public comment on its proposal to extend the Office of Management and
Budget’s approval of the information collection requirements contained in the Standard on
Methylene Chloride (29 CFR 1910.1052). 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.

The Agency will not provide payments or gifts 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 in the medical records required by the Standard remains
confidential, the Agency developed §1913.10 (“Rules of Agency Practice and Procedure
Concerning OSHA Access to Employee Medical Records”) to regulate its 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 reason sons why the agency considers the questions necessary, the
specific uses to be made of the information, the explanation to be given to persons form whom the
information is requested, and any steps to be taken to obtain their consent.

The paperwork requirements specified by the Standard do not 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 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.

Table 2, Summary of Burden Hour Changes and Cost (attached), provides a summary of burden
hour and cost estimates for the information collection requirements specified by the Standard.

--15--

Burden Hour and Cost Determinations
The Agency adopted the mean wage rates from “Employer Costs for Employee Compensation,
September 2007”, U.S. Department of Labor, Bureau of Labor Statistics
http://stats.bls.gov/home.htm. Total compensation for these occupational categories includes an
adjustment of 29.4 percent (Employer Costs for Employee Compensation, September 2007, pp.4)
for fringe benefits; this figure represents the average level of fringe benefits in the private sector.
The costs of labor used in this analysis are, therefore, estimates of total hourly compensation.
These hourly wages are:
· Service Worker
· Clerical/Secretary
· Professional/Manager

$22.41
$21.44
$46.22

(A) Exposure monitoring (§1910.1052(d))
Employers can use either of the following options to determine an employee’s 8-hour TWA or
15-minute exposure levels: First, take a personal air sample from each employee’s breathing
zone; or, second, use the personal air samples from one employee to represent the exposures of
other employees in the same job classification, work area, and shift if the employer expects the
sampled employee to have the highest MC exposures among these employees. For the purpose of
these burden hour and cost determinations, OSHA assumes that employers use the first option
(i.e., individual employee samples) for exposure monitoring.
Initial determination (§1910.1052(d)(2))
During each year covered by this ICR, OSHA estimates that 2,133 new employees are monitored
initially. 10 OSHA recognizes this is an overestimate, as not every new employee that is exposed
will require initial monitoring. Rather, an employer may have conducted exposure monitoring
sampling using the personal air samples from one employee to represent the exposures of other
employees in the same job classification, work area, and shift. The employer must sample the
employee the employer believes to have the highest MC exposures among these employees.
Therefore, a new employee may not need to have individual monitoring.
The Agency estimates that employers use a total of 5 passive dosimeters 11 to make initial 8-hour
TWA and STEL determinations for each employee, and that a professional requires 5 minutes to
attach and remove each dosimeter (for a total of 20 minutes (.33 hour) for the 4 dosimeters).
Therefore, the total annual burden hours and cost to employers for this information collection
requirement is:
10

This figure was determined by adjusting the previous estimate taking into account the overall increase in the
number of establishments, assuming that the number of exposed workers per establishment has remained constant
(2,047 x 1.0421).
11

One passive dosimeter is a control and is not placed on an employee; therefore, no time is attributed for the
control badge.

--16--

Burden hours: 2,133 new employees x .33 hour = 704 hours
Cost: 704 hours x $46.22 = $32,539
Periodic monitoring (§1910.1052(d)(3))
OSHA estimates that employers must conduct quarterly exposure monitoring for 4,856
employees and semi-annual monitoring for 14,625 employees, with passive dosimeters required
for each employee. 12 As with initial monitoring it is estimated that it will take 5 minutes to
attach and remove each of the 4 badges for a total of 20 minutes per employee (.33 hours).
Therefore, estimated yearly burden hours and cost of this information collection requirement are:
Burden hours:

Cost:

4,856 employees x 4 (quarterly) x .33 hours = 6,410 hours
14,625 employees x 2 (semi-annual) x .33 hours = 9,653 hours
(6,410 + 9,653) hours x $46.22 = $742,432

Additional monitoring (§1910.1052(d)(4))
Employers use additional monitoring to assess the exposure effects that result from changes in
workplace conditions (e.g., production, processes, or controls (including work practices)), or if a
leak, rupture, or other breakdown develops that may increase employee exposures to MC. The
FEA estimated that employers perform additional monitoring on 9,726 employees each year.
With 4 passive dosimeters required for each employee, and assuming that a professional requires
20 minutes (.33 hour) to attach and remove the 4 badges, the estimated burden hours and cost to
conduct additional monitoring each year are:
Burden hours: 9,726 employees x .33 hour = 3,210 hours
Cost: 3,210 hours x $46.22 = $148,366
Employee notification of monitoring results (§1910.1052(d)(5))
This provision requires employers to notify employees of their exposure monitoring results.
Notification must occur within 15 days after the employer receives the results, either by
providing each employee with a written copy of their results or by posting the results in an
appropriate location that is accessible to the employees. If exposures exceed the PEL or STEL,
employers must also notify the employees of the corrective action they are taking to reduce
employee exposures to or below the PEL and STEL, and the schedule for completing of this
action.
OSHA assumes that employers use posting to notify employees of their exposure monitoring
results. For purposes of calculating burden hour, OSHA assumes that each exposure monitoring
sample will be posted, resulting in 60,533 postings (i.e., 2,133 new employees + 19,424 quarterly
12

Note that some employees may receive repeated exposure monitoring, so the total employees monitored under
this provision and under the requirement for additional monitoring (see next section) are not necessarily separate
employees.

--17--

samples + 29,250 semi-annual samples + 9,726 additional employees). The Agency estimates
that a clerical/secretary takes 5 minutes (.08 hour) to prepare each employee’s results. Therefore,
the annual total burden hours and cost of this requirement are:
Burden hours: 60,533 monitoring samples x .08 hour = 4,843 hours
Cost: 4,843 hours x $21.44 = $103,834
(B) Medical surveillance (§1910.1052(j))
Initial surveillance (§1910.1052(j)(4)(i))
OSHA estimates that 2,133 employees need initial surveillance annually, 13 and that each medical
examination requires an employee (assumed to be a service worker) to be away from work for 1
hour. Accordingly, the Agency determines the yearly burden hours and cost of this requirement
to be:
Burden hours: 2,133 medical examinations x 1 hour = 2,133 hours
Cost: 2,133 hours x $22.41 = $47,801
Periodic medical surveillance (§1910.1052(j)(4)(ii))
Employers must update the medical and work history of each affected employee every year. In
doing so, the employer must provide periodic physical examinations that include appropriate
laboratory surveillance if the employee is: 45 years of age or older and within 12 months of the
initial medical surveillance or any subsequent medial surveillance; or younger than 45 years of
age and is within 36 months of the initial surveillance or any subsequent medical surveillance.
OSHA estimates that this requirement will result in 28,542 medical examinations per year, and
that an employee must be away from work for 1 hour to complete each medical examination.
Therefore, the total burden hours and cost associated with this requirement each year are:
Burden hours: 28,542 medical examinations x 1 hour = 28,542 hours
Cost: 28,542 hours x $22.41 = $639,626
Information provided to the physician or other licensed health-care professional
(§1910.1052(j)(8))
An employer must provide the PLHCP with specific information on each employee who is
medically examined. For initial surveillance OSHA assumes that a secretary requires 15 minutes
(.25 hour) to develop the specified information and provide it to the PLHCP. Having already
developed the information for initial surveillance, it is not necessary to do so again for periodic
medical surveillance; therefore, secretaries need only provide the relevant information to the
PLHCP prior to periodic medical surveillance, a task that the Agency believes will take 5
minutes (.08 hour).
13

OSHA recognizes this is likely an over estimate, as not all new employees who are monitored are likely to
require a medical examination.

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Additionally, OSHA is taking under this paragraph the burden hours and cost needed to provide
the required information to PLHCPs who administer the medical examinations associated with
the MRP program (see the following section). In this regard, the Agency finds that a secretary
spends 5 minutes (.08 hour) providing the PLHCP with this information for each medical
examination.
In summary, this ICR shows that 2,133 employees require initial surveillance annually and
28,542 employees need periodic medical surveillance each year, while the analysis in the
following section indicates that PLHCPs will administer 411 medical examinations yearly to
employees in the MRP program. Therefore, the total annual burden hours and cost of this
requirement are:
Burden hours: (2,133 initial medical examinations x .25 hour) + (28,542 periodic medical
examinations + 411 MRP medical examinations x .08 hour) = 2,850 hours
Cost: 2,850 hours x $21.44 = $61,104
Medical removal protection (MRP) (§1910.1052(j)(11))
Using percentages from the FEA, OSHA determined that each year 4,856 employees have MC
exposures that exceed the PEL, 7.7% (374) of these employees receive MRP (i.e., 5% for hepatic
conditions and 2.7% for dermatitis), and employers will administer 1 additional medical
examination to these MRP cases as specified by paragraph (j)(11)(i)(B)(1) of the Standard.
Moreover, in this ICR, the Agency is assuming that 10% (37) of the 374 MRP cases receive a
second additional medical examination as required by this paragraph, for a total of 411 additional
medical examinations administered under this provision. The Agency estimates that each
medical examination requires the employee to be away from work for 1 hour. Accordingly, this
provision results in the following burden hours and cost each year:
Burden hours: 411 employees x 1 hour = 411 hours
Cost: 411 hours x $21.44 = $8,812
(C) Employee information and training (§1910.1052(l))
In determining the burden hours and cost for conducting training, the Agency estimates that there
are 2,133 new employees requiring initial monitoring. According to the RIA, employers take 10
minutes (.17 hour) to provide initial training to employees. Employers must also retrain
employees as necessary. OSHA assumes that 10% of the total 90,610 (9,061) employees are
retrained annually, and that employers retrain employees in sessions of 20, taking approximately
10 minutes (.17 hour). Thus, this requirement results in the following annual burden hours and
cost:
Burden hours: (2,133 new employees x .17 hour) + (9,061/20 x .17 hour) = 440 hours
Costs: 440 hours x $46.22 = $20,337

--19--

(D) Recordkeeping (§1910.1052(m))
Exposure measurements (§1910.1052(m)(2))
This provision requires employers to establish and maintain an accurate record of measurements
taken to monitor employee exposure to MC. Using information contained in an earlier section of
this ICR (see “(A) Exposure monitoring (§1910.1052(d)”), OSHA finds that each year employers
must establish and maintain an exposure monitoring record for each employee on whom they
conduct an initial determination. The Agency estimates that the 2,133 employees were initially
monitored. For employees who receive periodic or additional monitoring (i.e., 48,674 and 9,726
employees receiving periodic and additional testing, respectively) the Agency assumes that each
employee is individually monitored. The total number of employees that will have exposure
records as a result of an initial determination or periodic/additional monitoring is 60,533. In
addition, OSHA estimates that it requires a clerical/secretary 5 minutes (.08 hour) to establish
and maintain, or to update, each of these records. Therefore, the annual burden hours and cost
associated with this recordkeeping requirement are:
Burden hours: 60,533 monitoring records x .08 hour = 4,843 hours
Cost: 4,843 hours x $21.44 = $103,834
Medical surveillance (§1910.1052(m)(3))
This provision requires employers to establish and maintain accurate records containing specific
information for each employee subject to medical surveillance. Based on analyses performed
above (see “(B) Medical surveillance (§1910.1052(j)(8)”), OSHA determined that each year
employers must establish and maintain records for the 2,133 employees who receive initial
surveillance, update records for 28,542 employees who require periodic medical surveillance,
and provide 411 medical examinations for employees in the MRP program (for a total of 31,086
employees). The Agency estimates that a clerical/secretary takes 5 minutes (.08 hour) to
establish and maintain, or to update, a medical surveillance record. Accordingly, the yearly
burden hour and cost estimates for this requirement are:
Burden hours: 31,086 employees x .08 hour = 2,487 hours
Cost: 2,487 hours x $21.44 = $53,321
Availability (§1910.1052(m)(4))
The annual total annual burden hours required to make employee exposure monitoring and
medical surveillance records available for review to various parties is 836 hours, while the total
yearly cost of this requirement is $ 24,528. The Agency determined these burden hours and cost
as follows:
1. Employee access
As noted previously in this ICR, OSHA determined that each year employers must establish and
maintain, or update, 60,533 exposure monitoring records and 31,086 medical surveillance

--20--

records, for a total of 91,619 records. Additionally, the Agency assumes that employees request
access to 10% of these records (i.e., 9,162 records). 14 OSHA estimates that a clerical/secretary
takes 5 minutes (.08 hour) to retrieve and refile each requested record, resulting in the following
annual burden hour and cost estimates:
Burden hours: 9,162 records x .08 hours = 733 hours
Cost: 733 hours x $21.44 = $15,716
2. Federal access
The Standard specifies that employers must make required records available to NIOSH and the
Assistant Secretary (i.e., an OSHA compliance officer) on request. Based on the previous ICR,
the Agency is assuming that NIOSH will make no requests for any of these records; however,
OSHA estimates that it will make 1,293 requests for these records during inspections. 15 In
addition, the Agency finds that a professional will spend about 5 minutes (.08 hour) informing an
OSHA compliance officer of the location of the requested records. Accordingly, the estimated
yearly burden hours and cost of this provision are:
Burden hours: 1,293 requests x .08 hours = 103 hours
Cost: 103 hours x $46.22 = $4,761
Transfer of records (§1910.1052(m)(5))
This provision requires employers, under specified conditions, to transfer exposure-monitoring
and medical-surveillance records to NIOSH in accordance with paragraph (h) of §1910.1020.
Based on information from the previous ICR, OSHA estimates that employers will send NIOSH
one set of these records each year during the period covered by this ICR. The Agency assumes
that an employer’s clerical/secretary takes 1 hour to prepare and send a set of records to NIOSH.
Therefore, the annual estimated burden hours and cost of this provision are:
Burden hours: 1 set of records x 1 hour = 1 hour
Cost: 1 hour x $21.44 = $21.44
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.
14

OSHA assumes that requests for exposure measurement and medical surveillance records by former
employees, designated employee representatives, and parties having the written consent of an employee are
minimal; therefore, it did not include these requests in this determination.
15

This determination includes NIOSH and OSHA access to the training materials specified by paragraph (l) of
the Standard. OSHA determined the number of inspections by calculating an overall inspection rate of 1.4% (0.014)
for all employers under its jurisdiction, then applying this percentage to the number of establishments covered by the
Standard (92,354).

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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.
· 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 offer than to
provide information or keep records for the government, or (4) as part of customary and usual
business or private practices.

The total cost to respondents is $16,753,110.
Exposure monitoring (§1910.1052(d))
As noted previously in this ICR (“(A) Exposure monitoring (§1910.1052(d)”), OSHA
determined that each year employers must conduct 60,533 employee monitorings using 5 passive
dosimeters per employee, with each dosimeter costing $42. Therefore, the total annual cost of
providing exposure monitoring under the paperwork requirements of the Standard is:
Cost: 60,533 employee monitorings x ($42 x 5 dosimeters) = $12,711,930
Medical surveillance (§1910.1052(j))
Under the section titled “(B) Medical surveillance (§1910.1052(j))” in this ICR, OSHA found
that each year employers administer medical examinations to 2,133 employees who require
initial surveillance, 28,542 employees who need periodic medical surveillance, and 411
employees in the MRP program, for a total of 31,086 medical examinations. Using information
from the FEA, the Agency estimates that the cost to administer a medical examination is $130.
Accordingly, the total yearly cost to employers of administering the medical examinations
associated with the paperwork requirements of the Standard is:
Cost: 31,086 medical examinations x $130 = $4,041,180
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 14 in a single table.

The paperwork requirements specified by the Standard cost the Federal government $3,921 each
year. This cost results from the following requirements:

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1. Transfer of Records to NIOSH
The determinations made above under “Transfer of records (§1910.1052(m)(5))” show that
employers send NIOSH 1 set of employee records annually. The Agency estimates that a
NIOSH clerical/secretary (at a wage rate of $19.22 per hour) will spend 5 minutes (.08 hour)
processing a set of records. Therefore, the estimated annual cost of this requirement to the
Federal government is:
Cost: 1 set of records x .08 hour x $19.22 = $2
2. OSHA Enforcement
The Agency estimates that a compliance officer (GS-12, step 5), at an hourly wage rate of
$37.89, spends about 5 minutes (.08 hour) during an inspection reviewing the documents
required by the Standard. OSHA determines that its compliance officers will conduct 1,293 such
inspections during each year covered by this ICR. 16 In making this cost determination, the
Agency does not account for other occupational costs (e.g., equipment, overhead, and support
staff expenses) because it considers these costs to be normal expenses that would occur without
the collection of information requirements specified by the Standard. Therefore, the total yearly
cost of these paperwork requirements to the Federal government is:
Cost: 1,293 inspections x .08 hour x $37.89 = $3,919
15.

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

Using the U.S. Census Bureau, North American Industry Classification System (NAICS) 2005,
the Agency has updated the total number of establishments, from 88,623 to 92,354 (a total
increase of 4.21% from 2003).
Based on the increase in the number of establishments, OSHA is requesting an adjustment
increase in the burden hours of these paperwork requirements from 64,305 hours to 67,303
hours, for a total increase of 2,998 hours.
Also, as a result of increasing the number of medical exams (from 29,831 to 31,086), there is a
cost increase of $163,150, from $3,878,030 to $4,041,180. Similarly, there is a cost increase in
exposure monitoring of $647,430, from $12,064,500 to $12,711,930, as a result of a growth in
the number of exposure monitoring records from 57,450 to 60,533 records.
16.

For collections of information whose results will be published, outline plans for tabulation, and
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 of information,
completion of report, publication dates, and other actions.
16

OSHA determined the number of inspections by calculating an overall inspection rate of 1.4% (0.014) for all
employers under its jurisdiction, then applying this percentage to the number of establishments covered by the Standard (92,354).

--23--

The Agency will not publish the information collected under this standard.
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 Agency is not seeking an exception to the certification statement in item 19.

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Table 2 – Summary of Burden Hour Changes and Cost
Current
Burden
Hours

Requested
Burden Hours

Adjustment

Cost

676

704

28

$32,539

15,413

16,063

650

$742,432

2,869

3,210

341

$148,366

4,596

4,843

247

$103,834

2,047

2,133

86

$47,801

27,389

28,542

1,153

$639,626

2,734

2,849

115

$61,104

395

411

16

$8,812

422

440

18

$20,337

Exposure measurements

4,596

4,843

247

$103,834

Medical surveillance
Availability

2,386

2,487

101

$53,321

781

836

55

$24,528

1

1

0

$21

64,305

67,362

3,057

$ 1,986,555

Information Collection Requirement

(A) Exposure monitoring
Initial determination
Periodic monitoring
Additional monitoring
Employee notification
of monitoring results
(B) Medical surveillance
Initial surveillance
Periodic medical surveillance
Information provided to the PLHCP
Medical removal protection
(C) Employee information and training
Employee information and training
(D) Recordkeeping

Transfer of records
TOTALS