[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44876-44878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20908]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0014]


Hazard Communication Standard; Extension of the Office of 
Management and Budget's (OMB) Approval of Information Collection 
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirements contained in the 
Hazard Communication Standard (29 CFR 1910.1200; 1915.1200; 1917.28; 
1918.90; 1926.59; and 1928.21).

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 30, 2009.

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 three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0014, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal

[[Page 44877]]

business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2009-
0014). 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 
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 through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Jamaa Hill at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa Hill or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    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 (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 OSH 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 information collection requirements in the Hazard Communication 
Standard (``the Standard'') ensure that the hazards of chemicals 
produced or imported are evaluated, and that information concerning 
these hazards is transmitted to downstream employers and their workers. 
The Standard requires chemical manufacturers and importers to evaluate 
chemicals they produce or import to determine if they are hazardous; 
for those chemicals determined to be hazardous, they must develop 
material safety data sheets and warning labels. Employers are required 
to establish hazard communication programs to transmit information on 
the hazards of chemicals to their workers by means of labels on 
containers, material safety data sheets, and training programs.
    Implementation of these collection of information requirements will 
ensure that workers understand the hazards and identities of the 
chemicals to which they are exposed, thereby reducing the incidence of 
chemically-related occupational illnesses and injuries.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> 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 proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection of information (paperwork) requirements 
necessitated by the Hazard Communication Standard (29 CFR 1910.1200; 
1915.1200; 1917.28; 1918.90; 1926.59; and 1928.21). The Agency is 
requesting a 625,089 burden hour decrease (from 11,000,793 to 
10,375,704). In the current ICR, the Agency overestimated the number of 
``existing'' establishments by using the number of ``affected'' 
establishments (both ``new'' and ``existing'' establishments) rather 
than just the number of ``existing'' establishments. ``New'' 
establishments have separate burden hours already included in this 
paperwork package. To correct this overestimation, the Agency 
subtracted the number of ``new'' establishments from the number of 
``affected'' establishments, which results in the number of 
``existing'' establishments.
    The Agency will summarize the comments submitted in response to 
this notice, and will include this summary in its request to OMB to 
extend the approval of the collection of information requirements 
contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: The Hazard Communication Standard (29 CFR 1910.1200; 
1915.1200; 1917.28; 1918.90; 1926.59; and 1928.21).
    OMB Number: 1218-0072.
    Affected Public: Business or other for-profits.
    Number of Respondents: 2,880,308.
    Frequency of Response: On occasion.
    Average Time Per Response: Varies from 12 seconds for 
establishments to label an in-plant container to 8 hours for 
manufacturers or importers to conduct a hazard determination.
    Estimated Total Burden Hours: 10,375,704.
    Estimated Cost (Operation and Maintenance): $1,750,460.

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 for the ICR (Docket No. OSHA-2009-0014). 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 Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a

[[Page 44878]]

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 
date 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 through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting 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. 5-2007 (72 FR 
31160).

    Signed at Washington, DC, this 26th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-20908 Filed 8-28-09; 8:45 am]
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