Methylene Chloride Standard (29 CFR 1910.1052)

Forms and Documents

Document Name	Status
Form 29 CFR 1910.1052 Methylene Chloride (1910.1052) Form and Instruction	New
eCFR 1910.1052_6-25-2021.docx Supplementary Document	2021-07-09
60_Day_FRN 06-29-2021.pdf Supplementary Document	2021-07-09
OSH Act Section 8 USC 657.pdf Supplementary Document	2021-07-09
OSH Act Section 6 USC 655.pdf Supplementary Document	2021-07-09
OSH Act Section 2 USC 651.pdf Supplementary Document	2021-07-09
SS_1218-0179_Methylene Chloride_07-26-2021_ROCIS.docx Supporting Statement A	2021-07-26

IC Document Collections

IC ID	Document Title	Status
248297	Methylene Chloride (1910.1052) Form and Instruction	New
14121	Methylene Chloride (29 CFR 1910.1052)	Modified

ICR Details

OMB Control No: 1218-0179	ICR Reference No: 202107-1218-003
Status: Received in OIRA	Previous ICR Reference No: 201809-1218-021
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0179(2021)
Title: Methylene Chloride Standard (29 CFR 1910.1052)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/04/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2021
Responses	236,458	218,652
Time Burden (Hours)	61,813	56,276
Cost Burden (Dollars)	21,048,881	18,417,454

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Abstract: The standard requires employers to monitor employee exposure to methylene chloride (MC), to provide medical consultation and examinations, to train employees about the hazards of MC in their working areas, and to establish and maintain records of employee exposure to MC. These records will be used by employers, employees, physicians and the Government to ensure that employees are not being harmed by exposure to MC. Appendix B to section 1910.1052 contain medical surveillance questionnaire forms for workers that may be exposed to methylene chloride. Based on the animal evidence and three epidemiologic studies previously mentioned, OSHA concludes that Methylene Chloride is a suspect human carcinogen. The medical surveillance program is designed to observe exposed workers on a regular basis.

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Authorizing Statute(s): 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
   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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 22715	04/29/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 41995	08/04/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Methylene Chloride (1910.1052)	29 CFR 1910.1052	Questionnaire for Methylene Chloride Exposure
Methylene Chloride (29 CFR 1910.1052)

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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	236,458	218,652	0	0	17,806	0
Annual Time Burden (Hours)	61,813	56,276	0	0	5,537	0
Annual Cost Burden (Dollars)	21,048,881	18,417,454	0	0	2,631,427	0

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: OSHA is requesting an adjustment increase in the burden hours of these paperwork requirements from 56,276 hours to 61,813 hours, for a total increase of 5,537 hours. Using the U.S. Census Bureau, North American Industry Classification System (NAICS) 2018, the total number of establishments increased from 80,571 to 84,595 (a total increase of 4.99(5.0 rounded) % from 2015). Operation and maintenance costs increased from $18,417,454.7 to $21,048,881.30 (a total increase of $2,631,426.58).The increase in the number of medical exams, and the increase in the cost of medical exams (from $196 to $214.62) has resulted in an increase of $1,288,514.78 in costs (from $5,272,204 to $6,560,718.78). This increase was partially off-set by an increase in the cost of exposure monitoring and the increase in cost for medical exams. Due to prices for dosimeters, the total cost for exposure monitoring increased by $1,342,912.50 (from $13,145,250 to $14,488,162.50), despite the number of employees being monitored with dosimeters increasing from 52,581 to 55,193.

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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: 08/04/2021

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