60 Day FR Notice

Vinyl Chloride 60 Day Notice.pdf

Vinyl Chloride Standard (29 CFR 1910.1017)

60 Day FR Notice

OMB: 1218-0010

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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0196]

The Vinyl Chloride Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Vinyl Chloride
Standard.

SUMMARY:

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I. Background

Comments must be submitted
(postmarked, sent, or received) by April
23, 2018.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2011–0196, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
200 Constitution Avenue NW,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Docket Office’s normal business hours,
10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2011–0196) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
DATES:

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docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from the website. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Charles McCormick,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the Act
or for developing information regarding
the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The Standard specifies a number of
paperwork requirements. The following
is a brief description of the collection of
information requirements contained in
the Vinyl Chloride (VC) Standard.
(A) Exposure Monitoring
(§ 1910.1017(d)) and (§ 1910.1017(n))
Paragraph 1910.1017(d)(2) requires
employers to conduct exposure
monitoring at least quarterly if the
results show that worker exposures are
above the permissible exposure limit

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7781

(PEL), while those exposed at or above
the Action Level (AL) must be
monitored no less than semiannually.
Paragraph (d)(3) requires that employers
perform additional monitoring
whenever there has been a change in VC
production, process or control that may
result in an increase in the release of
VC.
(B) Written Compliance Plan
(§§ 1910.1017(f)(2) and (f)(3))
Paragraph (f)(2) requires employers
whose engineering and work practice
controls cannot sufficiently reduce
worker VC exposures to a level at or
below the PEL to develop and
implement a plan for doing so.
Paragraph (f)(3) requires employers to
develop this written plan and provide it
upon request to OSHA for examination
and copying. These plans must be
updated annually.
(C) Respirator Program
(§ 1910.1017(g)(2))
When respirators are required, the
employer must establish a respiratory
protection program in accordance with
1910.134, paragraphs (b) through (d)
(except (d)(1)(iii) and (d)(3)(iii)(B)(1)
and (2)) and (f) through (m). Paragraph
1910.134(c) requires the employer to
develop and implement a written
respiratory protection program with
worksite-specific procedures and
elements for required respirator use.
The purpose of these requirements is to
ensure that employers establish a
standardized procedure for selecting,
using, and maintaining respirators for
each workplace where respirators will
be used. Developing written procedures
ensures that employers develop a
respirator program that meets the needs
of their workers.
(D) Emergency Plan (§ 1910.1017(i))
Employers must develop a written
operational plan for dealing with
emergencies; the plan must address the
storage, handling, and use of VC as a
liquid or compressed gas. In the event
of an emergency, appropriate elements
of the plan must be implemented.
Emergency plans must maximize
workers’ personal protection and
minimize the hazards of an emergency.
(E) Medical Surveillance
(§ 1910.1017(k))
Paragraph (k) requires employers to
develop a medical surveillance program
for workers exposed to VC in excess of
the action level. Examinations must be
provided in accord with this paragraph
at least annually. Employers must also
obtain, and provide to each worker, a
copy of a physician’s statement

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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

regarding the worker’s suitability for
continued exposure to VC, including
use of protective equipment and
respirators, if appropriate.
(F) Communication of VC Hazards
(§ 1910.1017(l))
Under paragraph 1910.1017(l)(1),
Hazard Communication, the employer
shall ensure that at least the following
hazards are addressed: Cancer; central
nervous system effects; liver effects;
blood effects; and flammability. Under
paragraph 1910.1017(l)(1)(iii), the
employer shall include vinyl chloride
and polyvinyl chloride (PVC) in the
program established to comply with the
Hazard Communication Standard (HCS)
(§ 1910.1200). The employer shall
ensure that each employee has access to
labels on containers of chemicals and
substances associated with vinyl and
polyvinyl chloride and to safety data
sheets, and is trained in accordance
with the provisions of HCS and
paragraph (j) of this section.

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(G) Recordkeeping (§ 1910.1017(m))
Employers must maintain worker
exposure and medical records. Medical
and monitoring records are maintained
principally for worker access, but are
designed to provide valuable
information to both workers and
employers. The medical and monitoring
records required by this standard will
aid workers and their physicians in
determining whether or not treatment or
other interventions are needed for VC
exposure. The information also will
enable employers to ensure that workers
are not being overexposed; such
information may alert the employer that
steps must be taken to reduce VC
exposures.
Exposure records must be maintained
for at least 30 years, and medical
records must be kept for the duration of
employment plus 20 years, or for a total
of 30 years, whichever is longer.
Records must be kept for extended
periods because of the long latency
period associated with VC-related
carcinogenesis (i.e., cancer). Cancer
often cannot be detected until 20 or
more years after the first exposure to
VC.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,

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including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply. For
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Vinyl Chloride Standard. The Agency is
requesting an adjustment decrease in
burden hours from 535 to 428 hours, a
total decrease of 107 burden hours. The
reduction is a result of fewer VC and
PVC establishments identified for this
ICR. The currently approved ICR
estimates a total of 24 establishments,
and this proposed ICR estimates a total
of 19 establishments. There is also a
decrease in the cost under Item 13 from
$43,320 to $34,279, a total decrease of
$9,041. The cost decrease results from a
decrease in the number of exposure
monitoring samples and medical
examinations.
Type of Review: Extension of a
currently approved collection.
Title: Vinyl Chloride Standard (29
CFR part 1910.1017).
OMB Control Number: 1218–0010.
Affected Public: Business or other forprofits.
Number of Respondents: 19.
Frequency of Responses: On occasion.
Total Responses: 620.
Average Time per Response: Various.
Estimated Total Burden Hours: 428.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number (Docket
No. OSHA–2011–0196) for the ICR. You
may supplement electronic submissions
by uploading document files
electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the

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Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
Loren Sweatt, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on February 15,
2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2018–03623 Filed 2–21–18; 8:45 am]
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Approval of Information Collection
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Occupational Safety and Health
Administration (OSHA), Labor.

AGENCY:

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