Beryllium Standard for General Industry (29 CFR 1910.1024)

Forms and Documents

Document Name	Status
Beryllium NPRM supporting statement 12-10-2018 (004) ROCIS.docx Supporting Statement A	2019-03-28
OSHA Sec.651.pdf Supplementary Document	2017-01-09
OSH Sec.655.pdf Supplementary Document	2017-01-09
OSH Sec.657.pdf Supplementary Document	2017-01-09

IC Document Collections

IC ID	Document Title	Status
216911	Beryllium Standard for General Industry (29 CFR 1910.1024)	Modified

ICR Details

OMB Control No: 1218-0267	ICR Reference No: 201812-1218-001
Status: Historical Inactive	Previous ICR Reference No: 201612-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0267(2018)
Title: Beryllium Standard for General Industry (29 CFR 1910.1024)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 03/29/2019
	Date Received in OIRA: 12/11/2018
Terms of Clearance: OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2020	36 Months From Approved	05/31/2020
Responses	246,656	0	246,656
Time Burden (Hours)	194,261	0	194,261
Cost Burden (Dollars)	46,158,266	0	46,158,266

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Abstract: OSHA is proposing to revise the beryllium standard in general industry, including modifying and updating several collection of information requirements. To be consistent with the agency’s standards improvement program, OSHA is proposing to modify the rule’s record keeping requirements that require employers to collect and record employees’ social security numbers. This proposed change removes the collection and recording of social security numbers from air monitoring, medical surveillance, and training provisions under paragraph (n) of the standard. In addition, OSHA is proposing to update paragraph (j)(3) by clarifying the labeling requirements for beryllium-contaminated materials designated for disposal, recycling, or reuse. The proposed change will also clarify how materials designated for recycling or reuse that either contain at least 0.1% beryllium by weight or are contaminated with beryllium must be cleaned to be as free as practicable of beryllium or placed in enclosures that prevent the release of beryllium-containing particulate or solutions under normal conditions of use, storage, or transport, such as bags or containers. OSHA is also proposing to revise both the definition of a CBD diagnostic center and paragraph (k)(7)(i) to indicate that the evaluation at the CBD diagnostic center must include a pulmonary function test as outlined by American Thoracic Society criteria, bronchoalveolar lavage (BAL), and transbronchial biopsy, only if deemed necessary by an examining physician. These proposed changes clarify the intent of these requirements. These proposed changes to the information collection requirements in this information collection request will not affect the burden hours or cost for general industry.

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Authorizing Statute(s): US Code: 29 USC 655 Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1218-AD20	Proposed rulemaking	83 FR 63746	12/11/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 63746	12/11/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 63746	12/11/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Beryllium Standard for General Industry (29 CFR 1910.1024)

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a revision to the existing collection of information. The Agency is proposing a revision to the currently approved Beryllium Information Collection in general industry of 83,694 burden hours. This revision removes the collection of social security numbers, clarifies the requirements relating to referrals to a CBD diagnostic center and the housekeeping requirements for the disposal, recycling, and reuse of beryllium-contaminated material. There is no burden incurred as a result of these changes under the general industry beryllium standard. The capital cost estimated for general industry is $20,585,273. The Agency published a separate proposed rule (82 FR 29182) on June 27, 2017, proposing to remove the ancillary provisions for the construction and shipyard beryllium rules. That proposal did not affect the general industry standard that is subject of this proposal. The Agency filed a separate ICR on September 15, 2017, addressing these changes in the shipyards and construction sectors. Because there is a separate ICR addressing the proposed changes to the shipyard and construction rules, this ICR addresses only the changes proposed for general industry in this NPRM. However, the Agency is requesting an adjustment decrease in the burden hours of 62,682 from 194,261 hours to 131,579 hours. This decrease is due to annualizing the first year burden over a period of the three years. The capital cost estimate is annualized over a three year. The Agency estimates the cost to be 30,565,587, a difference of 15,592,679. The total burden hours and cost estimates include all three industries general industry, maritime, and construction.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/11/2018

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