Occupational Exposure to Beryllium Standard in the Construction Industry (29 CFR 1926.1124)

Forms and Documents

Document Name	Status
Occupational Exposure to Beryllium in Construction SS_1218-0275 (9-2-2020).docx Supporting Statement A	2020-09-02
OSH Act Section 8 USC 657.pdf Supplementary Document	2020-09-01
OSH Act Section 6 USC 655.pdf Supplementary Document	2020-09-01
OSH Act Section 2 USC 651.pdf Supplementary Document	2020-09-01

IC Document Collections

IC ID	Document Title	Status
243430	Occupational Exposure to Beryllium in Construction Industry (29 CFR 1926.1124)	Modified

ICR Details

OMB Control No: 1218-0275	ICR Reference No: 202009-1218-002
Status: Received in OIRA	Previous ICR Reference No: 202009-1218-001
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0NEW (2019)
Title: Occupational Exposure to Beryllium Standard in the Construction Industry (29 CFR 1926.1124)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/02/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	29,330	0
Time Burden (Hours)	18,075	0
Cost Burden (Dollars)	5,672,127	0

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Abstract: The Occupational Exposure to Beryllium Standard in the Construction Industry requires covered employers to establish written exposure control plan, to conduct medical surveillance, and to establish and maintain accurate records of employee exposure to beryllium and beryllium compounds and medical records. These records will be used by employers, workers, physicians and the Government to ensure that construction workers are not being harmed by exposure to beryllium and beryllium compounds.

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Authorizing Statute(s): US Code: 29 USC 655 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 657 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 651 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-AD29	Final or interim final rulemaking	85 FR 53910	08/31/2020

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Federal Register Notices & Comments

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
Occupational Exposure to Beryllium in Construction Industry (29 CFR 1926.1124)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	29,330	0	0	29,330	0	0
Annual Time Burden (Hours)	18,075	0	0	18,075	0	0
Annual Cost Burden (Dollars)	5,672,127	0	0	5,672,127	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors final rule updates the beryllium standards for the construction and shipyard industries. Specifically, the agency is (1) removing provisions in paragraph (n) that require employers to collect and record employees’ social security numbers; (2) revising the contents of the written exposure control plan in paragraph (f); (3) removing the requirement in paragraph (j) for employers to provide the recipient with a copy of the warning label when transferring materials containing beryllium to another party for use or disposal; (4) removing certain requirements in paragraph (h) related to written warnings; and (5) clarifying the requirements related to the medical surveillance services provided by CBD diagnostic centers in paragraph (k)(7)(i).

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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? No

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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: 09/02/2020

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