SS_1218-0179 ( methlyene chloride)(SIP III)(5-18-11)

Revision to the

Methylene Chloride Standard

(29 CFR 1910.1052)

Supporting Statement

The Standards Improvement Project–Phase III (SIP-III) is the third in a series of rulemaking actions to improve and streamline OSHA standards. The Standard Improvement Projects remove and revise individual requirements in standards that are confusing, outdated, duplicative or inconsistent. In May 2011, OSHA published the SIP-III final rule.

The SIP-III final rule removed from 25 of OSHA’s substance-specific standards (see 29 CFR 1910, subpart Z) the requirements for employers to transfer employee exposure-monitoring and medical records to the National Institute for Occupational Safety and Health (NIOSH), and to notify NIOSH prior to disposal of such records. As a result of removing these transfer and notification requirements, OSHA is revising the 25 corresponding Information Collection Requests (ICRs)¹ to reduce the burden-hour and cost estimates associated with these provisions.

Edits to this supporting statement consists of strikethroughs and highlighted yellow text. These edits indicate removal of the requirement for employers to transfer records to NIOSH. Language deleted from this Supporting Statement is struck-through. Language added to the supporting statement appears highlighted in yellow.

SUPPORTING STATEMENT FOR THE

INFORMATION COLLECTION REQUIREMENTS IN

THE METHYLENE CHLORIDE STANDARD (29 CFR 1910.1052²

OFFICE OF MANAGEMENT AND BUDGET

(OMB )CONTROL NO. 1218-0179 (May 2011))

A. 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).

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.³ 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.

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.

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.⁴

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.

3. 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)).⁵

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.

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:⁶

§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 8-hour 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:

§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.⁷ (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;

§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.⁸

§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, 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, 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 MC-related 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.⁹

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.

§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;

§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.¹⁰

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

§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).]

§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). The SIP- III final revised 29 CFR 1910.1020 (h) removing the requirements for employers to transfer employee exposure-monitoring and medical records to the National Institute for Occupational Safety and Health (NIOSH), and to notify NIOSH prior to disposal of such records. Employers still must transfer records to successor employer whenever the employer is ceasing to do business (§1910.1020(h)(1)). If there is no successor employer then the employer shall notify affected current employers of their rights of access to records at least (3) months prior to the cessation of the employer’s business (§1910.1020(h)(2)).

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 performance-oriented 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.

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.

The SIP-III notice of proposed rulemaking (NPRM; 75 FR 38645) proposed to revoke existing collection-of-information (paperwork) requirements contained in 27 existing Information Collection Requests (ICRs) approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA-95). OSHA prepared and submitted one ICR for the SIP-III proposal to the OMB for review in accordance with U.S.C. 3507(d). For SIP-III Final, OSHA is submitting separate ICRs to OMB.

The NPRM proposed to remove provisions that require employers to transfer employee exposure-monitoring and medical records to NIOSH and for employers to contact NIOSH prior to disposing of such records. No comments were received opposing this revision; OSHA has removed these requirements from §1910.1020(h). Since, §1910.1052(m)(5) references §1910.1020(h), OSHA has removed the associated burden hours and costs from this ICR.

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.

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 $22.41

· Clerical/Secretary $21.44

· Professional/Manager $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.¹¹ 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 dosimeters¹² 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:

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.¹³ 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: 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

Cost: (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 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,¹⁴ 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).

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

(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 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).¹⁵ 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.¹⁶ 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. 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 $3,919 each year. This cost results from the following requirements:

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.¹⁷ 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.

OSHA removed the requirement that employers transfer employee exposure-monitoring records and medical records to the National Institute for Occupational Safety and Health in §1910.1020(h), referenced in 29 CFR 1910.1052(m)(5), under the Standards Improvement Project-Phase III final rule. As a result of this rulemaking, the Agency requests a program change reduction of one hour.

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 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.

The Agency is not seeking an exception to the certification statement.

B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS

This Supporting Statement does not contain any collection of information requirements that employ statistical methods.

Information Collection Requirement	Current Burden Hours	Current Burden Hours	Program Change	Cost
(A) Exposure monitoring
Initial determination	704	704	0	$32,539
Periodic monitoring	16,063	16,063	0	$742,432
Additional monitoring	3,210	3,210	0	$148,366
Employee notification of monitoring results	4,843	4,843	0	$103,834
(B) Medical surveillance
Initial surveillance	2,133	2,133	0	$47,801
Periodic medical surveillance	28,542	28,542	0	$639,626
Information provided to the PLHCP	2,849	2,849	0	$61,104
Medical removal protection	411	411	0	$8,812
(C) Employee information and training
Employee information and training	440	440	0	$20,337
(D) Recordkeeping
Exposure measurements	4,843	4,843	0	$103,834
Medical surveillance	2,487	2,487	0	$53,321
Availability	836	836	0	$24,528
Transfer of records*	1	0	-1	$21 0
TOTALS	67,362	67,361	-1	$ 1,986,534

Table 2 – Summary of Burden Hour Changes and Cost

*Indicates revision to 29 CFR part 1910.1052(m)(5) calculations to remove the requirements that employers transfer employee exposure - monitoring and medical records to the National Institute for Occupational Safety and Health (NIOSH) and for employers to notify NIOSH prior to disposal of such records.

1 ^?The section of the preamble in the final SIP-III rule titled, Office of Management and Budget Review Under the Paperwork Reduction Act of 1995 lists the 27 ICRs being revised. The 27 ICRs are being revised as follows: 23 ICRs are revised as a result of removing the requirements for employers to transfer records to NIOSH; two ICRs are being revised to remove both the requirements for employers to transfer records to NIOSH and for employers to prepare training certifications; and, two additional ICRs are being revised to remove only training certifications.

2The 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.

3The 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).

4This 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.

5Paragraph (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.

6The 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.

7OSHA believes that PLHCPs seldom make such a recommendation and, therefore, is not attributing any burden hours or cost to this requirement.

8Paragraph (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.

9The 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.

10Based 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.

11This 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).

12One passive dosimeter is a control and is not placed on an employee; therefore, no time is attributed for the control badge.

13Note 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.

14OSHA recognizes this is likely an over estimate, as not all new employees who are monitored are likely to require a medical examination.

15OSHA 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.

16This 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).

17OSHA 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).

2