Ss_1218-0129(11-18-09)

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS CONTAINED IN
THE BENZENE STANDARD (29 CFR 1910.1028)
(Office of Management and Budget (OMB))
Control No. 1218-0129 1 (October 2009)

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 Occupational Safety and Health Act’s (OSH Act) main objective 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 ensure that workers will be furnished “employment and a place of
employment . . . free from recognized hazards that are causing or likely to cause death or serious
physical harm.”
For toxic substances, the OSH Act contains specific statutory language. Thus, as appropriate,
health standards must include provisions for monitoring and measuring worker exposure,
medical examinations and other tests, control and technological procedures, suitable protective
equipment, labels and other appropriate forms of warning, and precautions for safe use or
exposure (29 U.S.C. 655 and 657). In addition, the OSH Act specifically mandates issuing
“regulations requiring employers to maintain accurate records of worker exposures to potentially
toxic materials or other harmful physical agents that are required to be monitored and measured,”
and further requires that workers exposed to concentrations over prescribed limits be notified of
this fact, and of the corrective action being taken (29 U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(OSHA) published a health standard governing worker exposure to benzene (29 CFR
1910.1028). 2 The purpose of the Benzene Standard is to reduce the incidence of leukemia
caused among workers exposed to benzene. The Standard affects primarily inhalation and
dermal contact. A copy of the Benzene Standard is attached to this supporting statement. The
specific information collection requirements of this standard are fully discussed under items 2
and 12 below.

1

The purpose of this supporting statement is to analyze and describe the burden hours and costs associated with
provisions of the Standard that contain paperwork requirements, and does not provide information or guidance on how to comply
with or to enforce the Standard.
2

29 CFR 1910.1028 is incorporated by reference into the Construction and Shipyard Employment Standards (29 CFR
1926.1128 and 29 CFR 1915.1028, respectively).

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.
Exposure monitoring (§1910.1028(e))
General (§1910.1028(e)(1))
§1910.1028(e)(1)(iii)
Determinations of compliance with the short-term exposure limit (STEL) shall be made from 15
minute worker breathing zone samples measured at operations where there is reason to believe
exposures are high, such as where tanks are opened, filled, unloaded or gauged; where containers
or process equipment are opened and where benzene is used for cleaning or as a solvent in an
uncontrolled situation. The employer may use objective data, such as measurements from brief
period measuring devices, to determine where STEL monitoring is needed.
§1910.1028(e)(1)(iv)
Except for initial monitoring as required under paragraph (e)(2) of this section, where the
employer can document that one shift will consistently have higher worker exposures for an
operation, the employer shall only be required to determine representative worker exposure for
that operation during the shift on which the highest exposure is expected.
Purpose:
The employer has the duty to characterize the workplace by performing monitoring and
identifying tasks that exceed the STEL and PEL.
Initial monitoring (§1910.1028(e)(2))
§1910.1028(e)(2)(i)

Each employer who has a place of employment covered under paragraph (a)(1) 3 of this section
shall monitor each of these workplaces and work operations to determine accurately the airborne
concentrations of benzene to which workers may be exposed.

3

Paragraph (a)(1) states: Scope and application. This section applies to all occupational exposures to benzene.
Chemical Abstracts Service Registry No. 71─43─2, except as provided in paragraphs (a)(2) and (a)(3) of this
section.

2

§1910.1028(e)(2)(ii)
The initial monitoring required under paragraph (e)(2)(i) of this section shall be completed by 60
days after the effective date of this standard or within 30 days of the introduction of benzene into
the workplace. Where the employer has monitored within one year prior to the effective date of
this standard and the monitoring satisfies all other requirements of this section, the employer
may rely on such earlier monitoring results to satisfy the requirements of paragraph (e)(2)(i) of
this section.
Purpose:
Employers must perform initial monitoring to determine the extent of benzene exposure in their
workplace. Initial monitoring assists employers in, identifying areas of operation that may
require additional efforts to reduce worker exposure to and come into compliance with the
standard. Initial monitoring results also assist employers in determining the necessity for using
engineering controls, instituting or modifying work practices, and in selecting appropriate
respiratory protection to prevent workers from over exposure.
Periodic monitoring and monitoring frequency (§1910.1028(e)(3))
§1910.1028(e)(3)(i)
If the monitoring required by paragraph (e)(2)(i) of this section reveals employee exposure at or
above the action level but at or below the TWA, the employer shall repeat such monitoring for
each such employee at least every year.
§1910.1028(e)(3)(ii)
If the monitoring required by paragraph (e)(2)(i) of this section reveals employee exposure above
the TWA, the employer shall repeat such monitoring for each such employee at least every six
(6) months.
§1910.1028(e)(3)(iii)
The employer may alter the monitoring schedule from every six months to annually for any
worker for whom two consecutive measurements taken at least 7 days apart indicate that the
employee exposure has decreased to the TWA or below, but is at or above the action level.
§1910.1028(e)(3)(iv)
Monitoring for the STEL shall be repeated as necessary to evaluate exposures of employees
subject to short term exposures.

3

Purpose:
Periodic exposure monitoring allows employers to determine if modifications in materials or
environmental conditions result in increases in benzene levels. Periodic exposure monitoring
also enables employers to evaluate the effectiveness of selected control methods. In addition,
these measurements remind both the employer and workers of the continuing need to protect
against the hazards that could result from an employee’s overexposure.
Additional monitoring (§1910.1028(e)(5))
§1910.1028(e)(5)(i)
The employer shall institute the exposure monitoring required under paragraphs (e)(2) and (e)(3)
of this section when there has been a change in the production, process, control equipment,
personnel or work practices which may result in new or additional exposures to benzene, or
when the employer has any reason to suspect a change which may result in new or additional
exposures.
§1910.1028(e)(5)(ii)
Whenever spills, leaks, ruptures or other breakdowns occur that may lead to employee exposure,
the employer shall monitor (using area or personal sampling) after the cleanup of the spill or
repair of the leak, rupture or other breakdown to ensure that exposures have returned to the level
that existed prior to the incident.
Purpose:
Changes in production, process, control equipment, new personnel may lead to suspected
increase in worker exposure levels. Additional monitoring is necessary so that the employer may
take action to protect workers, such as providing appropriate respiratory equipment or instituting
engineering controls. Additional monitoring after an incident has been corrected ensures that
exposures have returned to the levels that existed prior to the incident. Additional monitoring
ensures that the work areas are safe, or alerts the employer that protection may still be needed.
Employee notification of monitoring results (§1910.1028(e)(7))
§1910.1028(e)(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 employees.

4

§1910.1028(e)(7)(ii)
Whenever the PELs are exceeded, the written notification required by paragraph (e)(7)(i) of this
section shall contain the corrective action being taken by the employer to reduce the employee
exposure to or below the PEL, or shall refer to a document available to the employee which
states the corrective actions to be taken.
Purpose:
Consistent with section 8(c)(3) of the OSH Act, every worker has the right to know what their
exposure level is and whether it is above or below the action level. Moreover, since the
permissible exposure level is a feasibility level and not a “safe” level, the worker must know, for
proper evaluation of their health by a physician in the present and future, the level of benzene to
which they were exposed.
When exposures are over 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 is necessary to
assure workers that the employer is making every effort to furnish them with a safe and healthful
work environment and implements section 8(c)(3) of the OSH Act.
Methods of compliance (§1910.1028(f))
Engineering controls and work practices (§1910.1028(f)(1)(iii))
Where the employer can document that benzene is used in a workplace less than a total of 30
days per year, the employer shall use engineering controls, work practice controls or respiratory
protection or any combination of these controls to reduce employee exposure to benzene to or
below the PELs, except that employers shall use engineering and work practice controls, if
feasible, to reduce exposure to or below 10 ppm as an 8-hour TWA.
Purpose:
Documentation serves as a record showing the employer has determined that benzene is being
used less that a total of 30 days per year in the workplace. As workers, their representatives, and
OSHA have access to this documentation, it serves to ensure that the frequency of benzene used
in the workplace has been accurately characterized by the employer.
Compliance program (§1910.1028(f)(2))
§1910.1028(f)(2)(i)
When any exposures are over the PEL, the employer shall establish and implement a written
program to reduce employee exposure to or below the PEL primarily by means of engineering
and work practice controls, as required by paragraph (f)(1) of this section.
§1910.1028(f)(2)(ii)
5

The written program shall include a schedule for development and implementation of the
engineering and work practice controls. These plans shall be reviewed and revised as
appropriate based on the most recent exposure monitoring data, to reflect the current status of the
program.
§1910.1028(f)(2)(iii)
Written compliance programs shall be furnished upon request for examination and copying to the
Assistant Secretary, the Director, affected employees and designated employee representatives.
Purpose:
Written compliance plans are an essential part of the compliance program. They encourage
employers to achieve the required engineering and work practice controls and provide necessary
documentation to OSHA, employers and workers of the compliance methods chosen, and the
extent to which controls have been or are planned to be instituted.
Respiratory protection (§1910.1028(g))
General (§1910.1028(g)(1))
For employees who use respirators required by this section, the employer must provide each
employee an appropriate respirator that complies with the requirements of this paragraph.
Respirators must be used during:
§1910.1028(g)(1)(i) -- Periods necessary to install or implement feasible engineering and
work-practice controls.
§1910.1028(g)(1)(ii) -- Work operations for which the employer establishes that
compliance with either the TWA or STEL through the use of engineering and workpractice controls is not feasible; for example, some maintenance and repair activities,
vessel cleaning, or other operations for which engineering and work-practice controls are
infeasible because exposures are intermittent and limited in duration.
§1910.1028(g)(1)(iii) -- Work operations for which feasible engineering and workpractice controls are not yet sufficient, or are not required under paragraph (f)(1)(iii) of
this section, to reduce employee exposure to or below the PELs.
§1910.1028(g)(1)(iv) -- Emergencies.

6

Respirator program (§1910.1028(g)(2)(i))
The employer must implement a respiratory protection program in accordance with 1910.134(b)
through (d) (except (d)(1)(iii), (d)(3)(iii)(b)(1)and (2)), and (f) through (m), which covers each
employee required by this section to use a respirator.
Purpose:
The Respiratory Protection Standard assists employers in protecting the health of employees
exposed to airborne contaminants and biological agents. The collections of information are
contained in the Respiratory Protection ICR, OMB Control Number 1218-0099. The Respiratory
Protection ICR provides the justification, purpose, and burden hours and cost estimates for these
provisions.
Medical surveillance (§1910.1028(i))
General (§1910.1028(i)(1)(i))
The employer shall make available a medical surveillance program for employees who are or
may be exposed to benzene at or above the action level 30 or more days per year; for employees
who are or may be exposed to benzene at or above the PELs 10 or more days per year; for
employees who have been exposed to more than 10 ppm of benzene for 30 or more days in a
year prior to the effective date of the standard when employed by their current employer; and for
employees involved in the tire building operations called tire building machine operators, who
use solvents containing greater than 0.1 percent benzene.
Initial examination (§1910.1028(i)(2))
§1910.1028(i)(2)(i)
Within 60 days of the effective date of this standard, or before the time of initial assignment, the
employer shall provide each employee covered by paragraph (i)(1)(i) of this section with a
medical examination including the following elements:
§1910.1028(i)(2)(i)(A) -- A detailed occupational history which includes:
§1910.1028(i)(2)(i)(A)(1) -- Past work exposure to benzene or any other
hematological toxins,
§1910.1028(i)(2)(i)(A)(2) -- A family history of blood dyscrasias including
hematological neoplasms;
§1910.1028(i)(2)(i)(A)(3) -- A history of blood dyscrasias including genetic
hemoglobin abnormalities, bleeding abnormalities, abnormal function of formed
blood elements;
7

§1910.1028(i)(2)(i)(A)(4) -- A history of renal or liver dysfunction;
§1910.1028(i)(2)(i)(A)(5) -- A history of medicinal drugs routinely taken;
§1910.1028(i)(2)(i)(A)(6) -- A history of previous exposure to ionizing radiation
and
§1910.1028(i)(2)(i)(A)(7) -- Exposure to marrow toxins outside of the current
work situation.
§1910.1028(i)(2)(i)(B) -- A complete physical examination.
§1910.1028(i)(2)(i)(C) -- Laboratory tests. A complete blood count including a
leukocyte count with differential, a quantitative thrombocyte count, hematocrit,
hemoglobin, erythrocyte count and erythrocyte indices (MCV, MCH, MCHC). The
results of these tests shall be reviewed by the examining physician.
§1910.1028(i)(2)(i)(D) -- Additional tests as necessary in the opinion of the examining
physician, based on alterations to the components of the blood or other signs which may
be related to benzene exposure; and
§1910.1028(i)(2)(i)(E) -- For all workers required to wear respirators for at least 30 days
a year, the physical examination shall pay special attention to the cardiopulmonary
system and shall include a pulmonary function test.
§1910.1028(i)(2)(ii)
No initial medical examination is required to satisfy the requirements of paragraph (i)(2)(i) of
this section if adequate records show that the employee has been examined in accordance with
the procedures of paragraph (i)(2)(i) of this section within the 12 months prior to the effective
date of this standard.
Periodic examinations (§1910.1028(i)(3))
§1910.1028(i)(3)(i)
The employer shall provide each employee covered under paragraph (i)(1)(i) of this section with
a medical examination annually following the previous examination. These periodic
examinations shall include at least the following elements:
§1910.1028(i)(3)(i)(A) -- A brief history regarding any new exposure to potential marrow
toxins, changes in medicinal drug use, and the appearance of physical signs relating to
blood disorders:
§1910.1028(i)(3)(i)(B) -- A complete blood count including a leukocyte count with
differential, quantitative thrombocyte count, hemoglobin, hematocrit, erythrocyte count
and erythrocyte indices (MCV, MCH, MCHC); and
8

§1910.1028(i)(3)(i)(C) -- Laboratory tests. Appropriate additional tests as necessary, in
the opinion of the examining physician, in consequence of alterations in the components
of the blood or other signs which may be related to benzene exposure.
§1910.1028(i)(3)(ii)
Where the employee develops signs and symptoms commonly associated with toxic exposure to
benzene, the employer shall provide the employee with an additional medical examination which
shall include those elements considered appropriate by the examining physician.
§1910.1028(i)(3)(iii)
For persons required to use respirators for at least 30 days a year, a pulmonary function test shall
be performed every three (3) years. A specific evaluation of the cardiopulmonary system shall be
made at the time of the pulmonary function test.
Emergency examinations (§1910.1028(i)(4))
§1910.1028(i)(4)(i)
In addition to the surveillance required by (i)(1)(i), if an employee is exposed to benzene in an
emergency situation, the employer shall have the employee provide a urine sample at the end of
the employee's shift and have a urinary phenol test performed on the sample within 72 hours.
The urine specific gravity shall be corrected to 1.024.
§1910.1028(i)(4)(ii)
If the result of the urinary phenol test is below 75 mg phenol/L of urine, no further testing is
required.
§1910.1028(i)(4)(iii)
If the result of the urinary phenol test is equal to or greater than 75 mg phenol/L of urine, the
employer shall provide the employee with a complete blood count including an erythrocyte
count, leukocyte count with differential and thrombocyte count at monthly intervals for a
duration of three (3) months following the emergency exposure.
§1910.1028(i)(4)(iv)
If any of the conditions specified in paragraph (i)(5)(i) of this section exists, then the further
requirements of paragraph (i)(5) of this section shall be met and the employer shall, in addition,
provide the employees with periodic examinations if directed by the physician.

9

Additional examinations and referrals (§1910.1028(i)(5))
§1910.1028(i)(5)(i)
Where the results of the complete blood count required for the initial and periodic examinations
indicate any of the following abnormal conditions exist, then the blood count shall be repeated
within 2 weeks.
§1910.1028(i)(5)(i)(A) -- The hemoglobin level or the hematocrit falls below the normal
limit [outside the 95% confidence interval (C.I.)] as determined by the laboratory for the
particular geographic area and/or these indices show a persistent downward trend from
the individual's pre-exposure norms; provided these findings cannot be explained by
other medical reasons.
§1910.1028(i)(5)(i)(B) -- The thrombocyte (platelet) count varies more than 20 percent
below the employee's most recent values or falls outside the normal limit (95% C.I.) as
determined by the laboratory.
§1910.1028(i)(5)(i)(C) -- The leukocyte count is below 4,000 per mm3 or there is an
abnormal differential count.
§1910.1028(i)(5)(ii)
If the abnormality persists, the examining physician shall refer the employee to a hematologist or
an internist for further evaluation unless the physician has good reason to believe such referral is
unnecessary. (See Appendix C for examples of conditions where a referral may be unnecessary.)
§1910.1028(i)(5)(iii)
The employer shall provide the hematologist or internist with the information required to be
provided to the physician under paragraph (i)(6) of this section and the medical record required
to be maintained by paragraph (k)(2)(ii) of this section.
§1910.1028(i)(5)(iv)
The hematologist's or internist's evaluation shall include a determination as to the need for
additional tests, and the employer shall assure that these tests are provided.
Purpose:
The purpose of medical surveillance is the prevention or detection of abnormalities which may
occur in some benzene exposed workers early enough to prevent leukemia, multiple myeloma or
other deleterious health effects from developing or to provide earlier treatment for these
conditions. OSHA considers regular medical surveillance for benzene workers exposed at or
above the action level to be necessary.
10

Information provided to the physician (§1910.1028(i)(6))
The employer shall provide the following information to the examining physician:
§1910.1028(i)(6)(i) -- A copy of this regulation and its appendices;
§1910.1028(i)(6)(ii) -- A description of the affected employee's duties as they relate to
the employee's exposure;
§1910.1028(i)(6)(iii) -- The employee's actual or representative exposure level:
§1910.1028(i)(6)(iv) -- A description of any personal protective equipment used or to be
used; and
§1910.1028(i)(6)(v) -- Information from previous employment-related medical
examinations of the affected employee which is not otherwise available to the examining
physician.
Purpose:
Making the required information available to the physician will aid in the evaluation of the
worker’s health and fitness for particular benzene-exposed job assignments. If symptoms of
organic damage appear, the physician often needs information as to the worker’s previous
medical conditions to make an accurate diagnosis of the new problem, its apparent cause, and the
course of treatment required. Medical records also ensure that employers can determine whether
or not treatment or other interventions are needed for occupational exposures.
Physician’s written opinions (§1910.1028(i)(7))
§1910.1028(i)(7)(i)
For each examination under this section, the employer shall obtain and provide the employee
with a copy of the examining physician's written opinion within 15 days of the examination. The
written opinion shall be limited to the following information:
§1910.1028(i)(7)(i)(A) -- The occupationally pertinent results of the medical examination
and tests;
§1910.1028(i)(7)(i)(B) -- The physician's opinion concerning whether the employee has
any detected medical conditions which would place the employee's health at greater than
normal risk of material impairment from exposure to benzene;

11

§1910.1028(i)(7)(i)(C) -- The physician's recommended limitations upon the employee's
exposure to benzene or upon the employee's use of protective clothing or equipment and
respirators.
§1910.1028(i)(7)(i)(D) -- A statement that the employee has been informed by the
physician of the results of the medical examination and any medical conditions resulting
from benzene exposure which require further explanation or treatment.
§1910.1028(i)(7)(ii)
The written opinion obtained by the employer shall not reveal specific records, findings
and diagnoses that have no bearing on the employee's ability to work in a benzeneexposed workplace.
Purpose:
The purpose of requiring the employer to obtain a written opinion from the examining physician
is to provide the employer with medical information to aid in determining the initial placement
of workers, and to assess a worker’s ability to use protective clothing and equipment. The
physician’s opinion will also provide information to the employer about whether the worker may
be suffering from over exposure to benzene. The requirement that a physician’s opinion be
written will ensure that the information is properly memorialized for later reference. The
requirement that workers be provided with a copy of the physician’s written opinion will ensure
that they are informed of the results of the medical examination so that they can assist in
determining the need for, and evaluate the effectiveness of, treatment or other interventions.
Medical removal plan (§1910.1028(i)(8))
§1910.1028(i)(8)(i)
When a physician makes a referral to a hematologist/internist as required under paragraph
(i)(5)(ii) of this section, the employee shall be removed from areas where exposures may exceed
the action level until such time as the physician makes a determination under paragraph (i)(8)(ii)
of this section.
§1910.1028(i)(8)(ii)
Following the examination and evaluation by the hematologist/internist, a decision to remove an
employee from areas where benzene exposure is above the action level or to allow the employee
to return to areas where benzene exposure is above the action level shall be made by the
physician in consultation with the hematologist/internist. This decision shall be communicated
in writing to the employer and employee. In the case of removal, the physician shall state the
required probable duration of removal from occupational exposure to benzene above the action
level and the requirements for future medical examinations to review the decision.

12

§1910.1028(i)(8)(iii)
For any employee who is removed pursuant to paragraph (i)(8)(ii) of this section, the employer
shall provide a follow-up examination. The physician, in consultation with the
hematologist/internist, shall make a decision within 6 months of the date the employee was
removed as to whether the employee shall be returned to the usual job or whether the employee
should be removed permanently.
Purpose:
Medical removal is an integral and essential part of medical surveillance. Medical removal
provides an opportunity for blood abnormalities, particularly aplasias and cytopenias, to reverse
themselves before they become irreversible. The second basis for removal is to prevent
increased benzene exposure for those workers who already show signs of more serious diseases
such as leukemia and aplastic anemia. In these cases, most physicians recommend removal from
the possible causative agent. If the cause cannot be determined, it is still prudent to remove a
worker to avoid a known leukemogen that could increase the adverse effects through a
synergistic or additive mechanism with the primary leukemic agent.
Communication of benzene hazards to employees (§1910.1028(j))
Signs and labels (§1910.1028(j)(1))
§1910.1028(j)(1)(i)
The employer shall post signs at entrances to regulated areas. The signs shall bear the following
legend:
DANGER
BENZENE
CANCER HAZARD
FLAMMABLE - NO SMOKING
AUTHORIZED PERSONNEL ONLY
RESPIRATOR REQUIRED
Purpose:
These signs alert workers of regulated areas, and to take necessary protective steps before
entering the area. Regulated areas may also exist on a temporary basis, for example, during
maintenance. The use of warning signs in these types of situations is also important, since the
temporary high exposures would represent a new or unexpected exposure to workers who are
regularly scheduled to work at these sites. The posting of signs at the occurrence of a
maintenance situation or during an emergency, if there is time, will help prevent unnecessary
exposures to workers who may not otherwise know or expect excessive benzene exposure levels
and serves to warn workers of the need to wear respirators.
13

§1910.1028(j)(1)(ii)
The employer shall ensure that labels or other appropriate forms of warning are provided for
containers of benzene within the workplace. There is no requirement to label pipes. The labels
shall comply with the requirements of 29 CFR 1910.1200(f) and, in addition, shall include the
following legend:
DANGER
CONTAINS BENZENE
CANCER HAZARD
Purpose:
Warning labels assure that downstream employers and workers are informed of the associated
hazards with benzene and that special practices may need to be implemented to insure against
exposure. Furthermore, hazards labels alert other employers who, in the absence of such labels,
might not know that asbestos is present in their workplace and that they have incurred obligation
of complying with the Standard.
Material safety data sheets (§1910.1028(j)(2))
§1910.1028(j)(2)(i)
Employers shall obtain or develop, and shall provide access to their employees, to a material
safety data sheet (MSDS) which addresses benzene and complies with 29 CFR 1910.1200.
§1910.1028(j)(2)(ii)
Employers who are manufacturers or importers shall:
§1910.1028(j)(2)(ii)(A) -- Comply with paragraph (a) of this section, and
§1910.1028(j)(2)(ii)(B) -- Comply with the requirement in OSHA's Hazard
Communication Standard, 29 CFR 1910.1200, that they deliver to downstream employers
an MSDS which addresses benzene.
Purpose:
The hazards of benzene are sufficiently great that workers who may be exposed to the chemical
need the detailed information that would be present on a MSDS for benzene so the worker would
be in a better position to protect him or herself. The MSDS also serves as the central source of
information to workers and downstream employers who must be provided with an MSDS if
benzene is produced and shipped out of a plant. In addition, the MSDS serves as the basic
source of information on the hazards of benzene essential to the training provisions of this and
other applicable health standards.

14

Information and training (§1910.1028(j)(3))
§1910.1028(j)(3)(i)
The employer shall provide employees with information and training at the time of their initial
assignment to a work area where benzene is present. If exposures are above the action level,
employees shall be provided with information and training at least annually thereafter.
§1910.1028(j)(3)(ii)
The training program shall be in accordance with the requirements of 29 CFR 1910.1200(h)(1)
and (2), and shall include specific information on benzene for each category of information
included in that section.
§1910.1028(j)(3)(iii)
In addition to the information required under 29 CFR 1910.1200, the employer shall:
§1910.1028(j)(3)(iii)(A) -- Provide employees with an explanation of the contents of this
section, including Appendices A and B, and indicate to them where the standard is
available; and
§1910.1028(j)(3)(iii)(B) -- Describe the medical surveillance program required under
paragraph (i) of this section, and explain the information contained in Appendix C.
Purpose:
Training is essential to inform workers of hazards to which they are exposed, and to provide
workers with the necessary understanding of the degree to which they can minimize the healthhazard potential. Training serves to explain and reinforce the information presented to workers
on signs, labels, and material safety data sheets. These written forms of information and warning
will be successful and relevant only when workers understand the information, and are aware of
the action to be taken to avoid or minimize exposure.
Training provides information to the workers to enable them to be able to recognize how and
where they might be occupationally exposed and what steps to take to limit exposure. Workers
must be provided with information on the location of benzene, as well as the work practices to
use when they are exposed to benzene.

15

Recordkeeping (§1910.1028(k))
Exposure measurement (§1910.1028(k)(1))
§1910.1028(k)(1)(i)
The employer shall establish and maintain an accurate record of all measurements required by
paragraph (e) of this section in accordance with 29 CFR 1910.1020.
§1910.1028(k)(1)(ii)
This record shall include:
§1910.1028(k)(1)(ii)(A) -- The dates, number, duration, and results of each of the
samples taken, including a description of the procedure used to determine representative
employee exposures;
§1910.1028(k)(1)(ii)(B) -- A description of the sampling and analytical methods used;
§1910.1028(k)(1)(ii)(C) -- A description of the type of respiratory protective devices
worn, if any; and
§1910.1028(k)(1)(ii)(D) -- The name, social security number, job classification and
exposure levels of the employee monitored and all other employees whose exposure the
measurement is intended to represent.
§1910.1028(k)(1)(iii)
The employer shall maintain this record for at least 30 years, in accordance with 29 CFR
1910.1020.
Medical surveillance (§1910.1028(k)(2))
§1910.1028(k)(2)(i)
The employer shall establish and maintain an accurate record for each employee subject to
medical surveillance required by paragraph (i) of this section, in accordance with 29 CFR
1910.1020.
§1910.1028(k)(2)(ii)
This record shall include:
§1910.1028(k)(2)(ii)(A) -- The name and social security number of the employee;

16

§1910.1028(k)(2)(ii)(B) -- The employer's copy of the physician's written opinion on the
initial, periodic and special examinations, including results of medical examinations and
all tests, opinions and recommendations;
§1910.1028(k)(2)(ii)(C) -- Any employee medical complaints related to exposure to
benzene;
§1910.1028(k)(2)(ii)(D) -- A copy of the information provided to the physician as
required by paragraphs (i)(6)(ii) through (v) of this section; and
§1910.1028(k)(2)(ii)(E) -- A copy of the employee's medical and work history related to
exposure to benzene or any other hematologic toxins.
§1910.1028(k)(2)(iii) -- The employer shall maintain this record for at least the duration
of employment plus 30 years, in accordance with 29 CFR 1910.1020.

Availability (§1910.1028(k)(3))
§1910.1028(k)(3)(i)
The employer shall assure that all records required to be maintained by this section shall be made
available upon request to the Assistant Secretary and the Director for examination and copying.
§1910.1028(k)(3)(ii)
Employee exposure monitoring records required by this paragraph shall be provided upon
request for examination and copying to employees, employee representatives, and the Assistant
Secretary in accordance with 29 CFR 1910.1020 (a) through (e) and (g) through (i).
§1910.1028(k)(3)(iii)
Employee medical records required by this paragraph shall be provided upon request for
examination and copying, to the subject employee, to anyone having the specific written consent
of the subject employee, and to the Assistant Secretary in accordance with 29 CFR 1910.1020.
Purpose:
Exposure-monitoring and medical records are maintained principally to protect worker health, to
assist in the prevention or early diagnosis of leukemia, multiple myeloma and other blood
diseases, and to provide valuable information to both workers and employers. The records also
assist OSHA in enforcing the Standard. The exposure-monitoring records required by this
standard will aid workers and their physicians in determining whether or not treatment or other
interventions are needed for benzene exposure.
17

The information also will enable employers to better ensure that workers are not being over
exposed to benzene; such information may alert the employer that steps must be taken to reduce
benzene exposures. Records must be maintained for extended periods because of the long
latency associated with development of benzene-related carcinogenesis (i.e., leukemia).
Transfer or records (§1910.1028(k)(4))
§1910.1028(k)(4)(i)
The employer shall comply with the requirements involving transfer of records set forth in 29
CFR 1910.1020(h).
§1910.1028(k)(4)(ii)
If 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 three (3) months
prior to disposal, and transmit them to the Director if required by the Director within that period.
Purpose:
NIOSH may wish to acquire these records for research purposes. If NIOSH does not request the
employer to transmit the records to them, the employer may dispose of these records.
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 as appropriate when making, keeping, and
preserving the required records. The standard is written in performance language, i.e., in terms
of what data must be collected rather then how data must be collected.
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 worker
involved, and is not available or duplicated by any other source. The information required by
this standard is available only from employers. At this time, there is no indication that any
alternate information source is available.
5.

If the collection of information impacts small businesses or other small entities, describe any methods
used to minimize burden.

The information collection does not have a significant impact on a substantial number of small
entities.
18

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 OSHA
believes are necessary to ensure that employers and OSHA can effectively monitor the exposure
and health status of workers working with benzene and workers can receive protection from
developing diseases.
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.

If exposure monitoring indicates that a worker has been exposed above the PELs, regardless of
whether or not respirators are used, employers must notify the worker in writing of the exposuremonitoring results, and the steps being taken to reduce the exposure to within the PELs. This
notification must be provided to the worker within 15 working days after receipt of the exposuremonitoring results (§1910.1028(e)(7)(i)).
Also, for each examination performed under the medical surveillance paragraphs, the employer
must obtain and provide the worker with a copy of the examining physician's written opinion
within 15 days of the examination (§1910.1028(i)(7)(i)).
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

19

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 (44 U.S.C. 3506(c)(2)(A)), OSHA
published a notice in the Federal Register on August 10, 2009 (74 FR 39978, Docket No.
OSHA-2009-0021) requesting public comment on its proposal to extend the Office of
Management and Budget’s approval of the information collection requirements contained in the
Benzene Standard (29 CFR 1910.1028). The notice was part of a preclearance consultation
program that provided interested parties with an opportunity to comment on OSHA’s request for
an extension by OMB of a previous approval of the information collection requirements found in
the Benzene Standard. The Agency did not receive any comments regarding the proposed
information collection request.
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.

As medical records may contain private information, OSHA and NIOSH have taken steps to
assure that the medical data are kept confidential. Agency practices and procedures governing
OSHA access to worker medical records are contained in 29 CFR 1913.10.
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 form whom the
information is requested, and any steps to be taken to obtain their consent.

There are no provisions in this standard requiring that questions of a sensitive nature be asked.
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

20

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.

•

Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting
out or paying outside parties for information collection activities should not be included
here. Instead, this cost should be included in Item 14.

The SRI Chemical Economic Handbook (2007) projected a 0% increase in benzene production
between mid-year 2002 through 2012. Large companies account for more than 76% of the total
U.S. benzene capacity. For the purposes of updating this ICR, it is assumed the number of
facilities is flat due to the lack of increase in benzene production. The Agency believes these
estimates are still accurate to calculate burden hours and costs.
The Agency determined average wage rates for individuals in the Benzene Standard using hourly
earnings, including benefits, to represent the cost to worker time. The Agency adopted the mean
wage rates from “Employer Costs for Employee Compensation, June 2008,” 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, June 2008) 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 wage rates are:
Professional/Manager
Worker
Clerical/Secretary

$42.96
$27.17
$23.09

21

Table 1
This table lists industries covered by the Benzene Standard, number of facilities in each industry,
and the total number of workers exposed above the action level for each industry.

Number of Facilities

Number of Workers Exposed
Above the Action Level

Coke and Coal Chemicals

227

1,280

Petroleum Refineries

145

50,580

Petrochemicals

40

5,788

Bulk Terminals

1,969

15,714

Bulk Plants

10,867

29,993

250

8,973

13,498

112,328

Industry

Transportation via Tank Truck
TOTALS

OSHA assumes that the number of workers exposed to benzene is unchanged from the previous ICR.
(A) Notification of Exposure–Monitoring Results (§1910.1028(e)(1))
Exposure Monitoring (§1910.1028(e))
1. Initial, Periodic, and Additional Monitoring

Burden hours: 0
Cost: 0

OSHA assumes that employers use passive dosimeters to conduct exposure monitoring. Using these
dosimeters to monitor worker exposure does not interfere with workers’ work activity. Costs associated
with the dosimeter and lab analysis are accounted for under item 13.
2. Employee Notification of Monitoring Results

Burden hours: 1,728
Cost: $39,900

Initial Exposure-Monitoring Notification
No new facilities have been established for the production of benzene over the last three years;
consequently, no initial exposure-monitoring is being performed by employers.

22

Periodic Exposure-Monitoring Notification
For the periodic monitoring requirements, OSHA relied on the assumption in the RIA that all
facilities (13,498 facilities; see Table 1) have some workers exposed in excess of the action level
and, therefore, these employers must conduct annual exposure monitoring. In addition, the
Agency assumed that 50% of all facilities (6,749 facilities) have some workers exposed above
the PEL or STEL, with these workers being monitored semi-annually. Therefore, the total
number of posted notifications resulting from periodic exposure monitoring is 20,247 (13,498
facilities (one annual notification each) + 6,749 facilities (one semi-annual notification each)).
The Agency estimated that a secretary, earning an hourly wage of $23.09, will take 5 minutes
(0.08 hour) to post the exposure-monitoring results.
Burden hours: 20,247 notifications x 0.08 hours to post results = 1,620 hours
Cost: 1,620 hours x $23.09 = $37,406
Additional Exposure-Monitoring Notification
The Agency assumes that 10% of existing facilities conduct additional monitoring and must
notify workers of their exposure-monitoring results. These facilities must conduct additional
exposure monitoring because of the increase in benzene production, as well as changes in
processes, control equipment, personnel, and work practices associated with this production, that
may increase worker exposure to benzene. Also, some facilities may have additional exposure
resulting as a result of spills, leaks, ruptures or breakdowns that may lead to increased worker
exposure. Secretaries will post these exposure-monitoring results within 15 days of receiving the
results.
Burden hours: 13,498 facilities x 10% x 0.08 hour to post results = 108 hours
Cost: 108 hours x $23.09 = $2,494
(B) Written Compliance Program (§1910.1028(f)(2)(i), (ii), and (iii))
Burden hours: 3,375
Cost: $144,990
Based on the technological feasibility analysis in the RIA, OSHA assumes that 50% of the
facilities may have workers exposed over the PEL. These facilities, therefore, must update or
change their existing compliance program. The Agency assumes that a professional, earning
$42.96 an hour, would expend 0.5 hours to update the program.
Burden hours: 6,749 facilities x 0.5 hours to update plan = 3,375 hours
Cost: 3,375 hours x $42.96 = $144,990

23

(C) Respiratory Protection (§1910.1028(g))

Burden hours: 0
Cost: $0

Burden hours and cost for the respiratory-protection program are incurred under the ICR for the
Respiratory Protection Standard (29 CFR 1910.134), OMB Control Number 1218-0099.
(D) Medical Surveillance (§1910.1028(i))
1. Medical Examinations

Burden hours: 106,196
Cost: $2,885,345

Initial Medical Examinations
Only new workers entering the industry are required to have initial medical examinations. To
estimate the number of new workers, the Agency assumes that 10% of existing workers (11,233)
are considered new and would require initial medical examinations. Based on Table 1, there are
approximately 112, 328 exposed workers.
Burden hours: 11,233 exams x 2 hours per exam = 22,466 hours
Cost: 22,466 hours x $27.17 = $610,401
Periodic Examinations
According to the RIA and previous ICR assumptions, the number of required periodic
examinations performed annually is 41,647. 4 Thus, using the worker wage rate of $27.17 per
hour, the burden hours and costs due to lost-work time are:
Burden hours: 41,647 exams x 2 hours per exam = 83,294 hours
Cost: 83,294 hours x $27.17 = $2,263,098
Additional Examinations and Referrals
Based on past RIA assumptions, OSHA estimates that approximately 109 referral examinations
are conducted annually, and that a referral examination involves 4 hours of lost work-time.
Burden hours: 109 exams x 4 hours per exam = 436 hours
Cost: 436 hours x $27.17 = $11,846.
2. Information Provided to Physician

Burden hours: 4,239
Cost: $97,879

Employers must provide the examining physician with specific information on each worker
examined. The Agency assumes that this requirement takes 5 minutes (.08 hour) of secretarial
4

Periodic examinations include worker’s annual exams, follow-up exams resulting from signs and symptoms
from exposure to benzene, and emergency examinations.

24

time. Total number of exams is equal to the sum of initial, periodic, and referral examinations
(52,989 exams).
Burden hours: 52,989 exams x .08 hours per exam = 4,239 hours
Cost: 4,239 hours x $23.09 = $97,879
3. Physician’s Written Opinion

Burden hours: 4,239
Cost: $97,879

OSHA assumes it takes 5 minutes (.08 hour) for a secretary to give a copy of a physician’s
written opinion to the affected worker.
Burden hours: 52,989 exams x .08 hours per exam = 4,239 hours
Cost: 4,239 hours x $23.09 = $97,879
(E) Communication of Benzene Hazards (§1910.1028(j))
1. Signs and Labels

Burden hours: 0
Cost: $0

The employer must post signs at entrances to regulated areas, and ensure that labels or other
appropriate forms of warning are provided for containers of benzene within the workplace.
Since the Agency is providing specific language in the regulation for these situations, no burden
hours or costs have been attributed to this provision.
2. Material Safety Data Sheets

Burden hours: 0
Cost: $0

Employers must obtain or develop material safety data sheets (MSDSs) that address benzene;
these MSDSs must comply with the requirements of 29 CFR 1910.1200. They must also provide
their workers with access to the MSDSs. The burden associated with this provision is accounted
for under the Hazard Communication ICR (OMB Control Number 1218-0072).
3. Information and Training

Burden hours: 0
Cost: $0

The standard’s training provisions are performance-oriented, rather than specified and detailed
language. The standard, in requiring training to be in accordance with the requirements of 29
CFR 1910.1200, lists the categories of information to be transmitted to workers and not the
specific ways that this is to be accomplished. The employer is in the best position to determine
how the training he or she is providing is being received and absorbed by the workers. OSHA
describes the objectives to be met and their intent of its training to ensure they can hope to
protect themselves. The specifics of how this is to be accomplished are left up to the employer.

25

(F) Recordkeeping (§1910.1028(k))
1. Exposure Monitoring

Burden hours: 1,728
Cost: $39,900

The standard requires each employer to establish and maintain an accurate record of all
measurements taken to monitor worker exposure to benzene. OSHA estimates that a secretary
earning $23.09 an hour would expend approximately 5 minutes (.08 hour) to maintain these
records.
Periodic Monitoring Records
Using the number of notifications required to inform workers of exposure-monitoring results
(calculated above on page 12), the burden estimates for maintaining records of these results are:
Burden hours: 20,247 notifications x .08 hours = 1,620 hours
Cost: 1,620 hours x $23.09 = $37,406
Additional Monitoring Records
Burden hours: 13,498 facilities x 10% x .08 hour = 108 hours
Cost: 108 hours x $23.09 = $2,494
2. Medical Surveillance Records

Burden hours: 4,239
Cost: $97,879

OSHA estimates that it takes 5 minutes (.08 hour) of secretarial time ($23.09 per hour) to update
and maintain worker medical surveillance records. As noted above on page 14, there are 52,989
medical examinations administrated each year.
Burden hours: 52,989 records x .08 hours per record = 4,239 hours
Cost: 4,239 hours x $23.09 = $97,879
3. Records Availability

Burden hours: 424
Cost: $9,790

OSHA estimates that 5 minutes (.08 hour) of secretarial time ($23.09 per hour) is needed to
make medical and exposure monitoring records available to the worker or worker representative
for examination and copying. OSHA assumes that 10% of the workers (which includes worker
representatives) will request access to medical records.
Burden hours: 52,989 records x 10% x .08 (hours per record) = 424 hours
Cost: 424 hours x $23.09 = $9,790

26

4. Federal Access

Burden hours: 15
Cost: $644

The Benzene Standard specifies that employers make available all records required by the
standard at the request of the Assistant Secretary (usually an OSHA compliance officer). OSHA
estimates that a professional, at $42.96 per hour, will expend approximately 5 minutes (.08 hour)
to inform an OSHA compliance officer of the location of the various records during an
inspection. The Agency estimates that it would request access to benzene records during 187
inspections annually.
Burden hours: 187 inspections x .08 hours per record = 15 hours
Cost: 15 hours x $42.96 = $644
5. Transfer of Records

Burden hours: 1
Cost: $23

If an employer ceases to do business and there is no successor employer to receive and retain
worker medical and exposure-monitoring records for the specified periods, the employer must
notify NIOSH of their availability at least 3 months prior to disposing of them. The employer
must transmit the records to NIOSH if requested to do so within the 3 month period.
NIOSH did not receive any records from employers during the past 3 years. For the purposes of
calculating burden hours and costs, it is assumed that 1 employer may submit 1 set of records to
NIOSH each year, and that a secretary, earning $23.09 per hour, would spend 1 hour preparing
these records.
Burden hours: 1 employer x 1 hour = 1 hour
Cost: 1 hour x $23.09 = $23
Table 2
Summary of Annual Burden Hours and Costs

Information Collection Requirement

Estimated
Cost
Under
Item 12

Number of
Responses

0

$0

0

1,728

0

$39,900

21,597

3,375

0

$144,990

Current
OMB
Inventory

Requested
Burden
Hours

Adjustments

0

0

1,728
3,375

(A) Exposure Monitoring
(1) Initial, Periodic, and
Additional Monitoring
(2) Employee Notification of
Exposure-Monitoring Results
(B) Written Compliance Program

27

6,749

Information Collection Requirement
(C) Respiratory Protection (Fit
Testing)

Current
OMB
Inventory

Requested
Burden
Hours

Adjustments

0

0

0

106,196

+866

Estimated
Cost
Under
Item 12

Number of
Responses

$0

0

$2,885,345

52,989

$97,879

52,989

$97,879

52,989

(D) Medical Surveillance
(1) Medical Examinations

105,330

(2) Information Provided to
Physician

4,204

4,239

+35

(3) Physician’s Written
Opinion

4,204

4,239

+35

(E) Communication of Benzene
Hazards
(1) Signs and Labels

0

0

0

$0

0

(2) Material Safety Data

0

0

0

$0

0

0

0

0

$0

0

(1) Monitoring Records

1,728

1,728

0

$39,900

21,597

(2) Medical Records

4,204

4,239

+35
$97,879

52,989

$9,790

5,299

$644

187

$23

1

Sheets
(3) Employee Information
and Training
(F) Recordkeeping

(3) Records Availability

420

424

+4

(4) Federal Access

15

15

0

(5) Records Transfer

1

1

0

125,209

126,184

975

TOTAL

13.

$3,414,229

267,386

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
cost 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

28

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

Exposure Monitoring
Employers must conduct initial exposure monitoring to determine if there is any exposure in
excess of the action level. Results from the initial exposure monitoring will determine if periodic
monitoring is required. If exposure levels are at or above the action level, but below the time
weighted average (TWA), then the employer is required to conduct the monitoring at least
annually. If exposure levels are above the TWA, the employer is required to conduct the
monitoring at least semi-annually. If the employer has exposure-monitoring readings over the
short-term exposure limit (STEL), then the monitoring for the STEL must be repeated as
necessary to ensure that no worker is exposed to benzene concentrations that exceed the STEL.
The employer must also perform additional exposure monitoring whenever there is a change in
the production process, control equipment, personnel or work facilities that may result in new or
additional exposures to benzene, or when the employer has any reason to suspect a change that
may result in new or additional exposures. The employer must also conduct additional
monitoring after spills, leaks, ruptures, or other breakdowns that may lead to worker exposure to
ensure that exposure levels are the same that existed prior to the incident. OSHA assumes that
employers use passive dosimeters to conduct the required monitoring. The cost for the dosimeter
and lab analysis is estimated to be $60.25 per exposure-monitoring sample.
Initial Monitoring
It is assumed that the number of facilities has not increased over the past three years, therefore;
no cost is estimated for initial monitoring.
Cost: $0
Periodic Monitoring
All 13,498 facilities will incur a cost for one monitoring sample for workers being exposed
above the action level. Of the 13,498 facilities, half or 6,749 facilities will incur another cost for
the second semi-annual exposure monitoring sample.
29

Cost: 13,498 facilities (above the action level) + 6,749 facilities (above the PEL, semiannual) x $60.25 = $ 1,219,882
Additional Monitoring
Cost: 13,498 facilities x 10% x $60.25 = $81,325
Total Cost for Exposure Monitoring = $1,301,207
Medical Examinations
The cost of required medical examinations is calculated using the current estimated cost of $130
per examination.
11,233 (initial exams) + 41,647 (periodic exams) + 109 (referral exams) = 52,989 exams
Cost: 52,989 exams x $130 = $6,888,570
Transfer of Records to NIOSH

Cost: $12

If an employer ceases to do business and there is no successor employer to receive and retain
worker medical and exposure-monitoring records for the specified periods, employer must
transmit the records to NIOSH. Based on discussions with the U.S. Postal Service, OSHA
estimates that it will cost employers about $12.30 to send benzene records via registered mail to
NIOSH. Based on the Agency’s assumption that 1 employer will send 1 set of records to NIOSH
each year, the total cost to that employer is $12.
Total Cost Under Item 13: $1,301,207 + $6,888,570 + $12 = $8,189,789
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.

Federal Access

Cost: $594

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $39.70,
spends about 5 minutes (.08 hour) during an inspection reviewing records required to be
maintained by the Benzene Standard. The Agency has determined that its compliance officers
will conduct approximately 187 inspections during each year covered by this ICR. 5 OSHA
considers other expenses, such as equipment, overhead, and support staff salaries to be normal
5

OSHA estimated the number of inspections by determining the inspection rate (1.4%) for the number of
facilities covered by this ICR (13,498), and then multiplying this number by 1.4% (i.e., 13,348 facilities x 1.4% =
187 inspections).

30

operating expenses that would occur without the paperwork requirements specified by the
Standard. Therefore, the total cost of these paperwork requirements to the Federal Government
is:
Cost: 187 inspections x .08 hour x $39.70 = $594
Transfer of Records to NIOSH

Cost: $1 (rounded)

The Benzene Standard requires that employers who cease business, and have no successor
employers, notify NIOSH at least 3 months before disposing of the records; they must transmit
the records to NIOSH if so requested.
The cost of this provision to the Federal government consists of the costs required to process, the
following records: Records received by NIOSH from employers who cease to do business and
have no successor to receive and retain the worker records; and records obtained when the
retention period for the records has expired. NIOSH has received one record from one employer
since 1999. To account for any transfer burden during this clearance period, OSHA assumes that
NIOSH will receive 1 record annually, and that a secretary, earning $19.26 per hour, will take 4
minutes (.07 hour) to process each record.
1 record x .07 hour x $19.26 = $1
Also, NIOSH incurs costs for: preparing records inventory, completing the required Centers for
Disease Control and Prevention (CDC) Records schedule, and Federal Records Center
paperwork; transporting records to a Federal Records Center; and storing for records. Given that
NIOSH has not received any benzene records over the last six years; such cost for benzene
records is negligible.
Total Cost Under Item 14: $594 + $1 = $595
15.

Explain the reasons for any program changes or adjustments.

The Agency is requesting an adjustment increase of 975 hours, from 125,209 hours to 126,184
hours. The adjustment increase is a result of medical examinations increasing from 10,800 to
11,233. To estimate the number of initial medical examinations, OSHA assumes 10% of the
total number of exposed workers would be considered new and would require a medical
examination. Previously, the Agency estimated that the number of new workers needing medical
examinations was 10% of existing establishments. The increase in medical examinations also
results in a cost increase of $56,811 (from $8,132,978 to $8,189,789).
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.

The collection of information will not be published.

31

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.

OSHA is not seeking such approval.
18.

Explain each exception to the certification statement.

OSHA is not seeking such exceptions.

32