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###### Department of Labor

###### Occupational Safety and Health Administration 

          - [Docket No. ICR-1218-0133(2001)] 

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor. 

# ACTION:

Notice of an opportunity for public comment. 

# SUMMARY:

OSHA solicits public comment concerning its request for an extension of the information-collection requirements contained in its Asbestos in General Industry Standard at 29 CFR 1910.1001 (the “Standard”). 

*Request for Comment:*                         The Agency has a particular interest in comments on the following issues:                     
      - Whether the information-collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful;
      - The accuracy of the Agency's estimate of the burden (time and costs) of the information-collection requirements, 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.

# DATES:

Submit written comments on or before January 2, 2001. 

# ADDRESSES:

Submit written comments to the Docket Office, Docket No. ICR-1218-0133(2001), OSHA, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-2350. Commenters may transmit written comments of 10 pages or less in length by facsimile to (202) 693-1648. 

# FOR FURTHER INFORMATION CONTACT:

Todd R. Owen, Directorate of Policy, OSHA, U.S. Department of Labor, Room N-3641, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-2444. A copy of the Agency's Information-Collection Request (ICR) supporting the need for the information-collection requirements specified by the Standard is available for inspection and copying in the Docket Office, or you may request a mailed copy by telephoning Todd Owen at (202) 693-2444. For electronic copies of this ICR, contact OSHA on the Internet at 

*http://www.osha.gov.*

# SUPPLEMENTARY INFORMATION

## I. Background 

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing information-collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (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 burden is correct. The Occupational Safety and Health Act of 1970 (the “Act”) 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 basic purpose of the information-collection requirements in the Standard is to provide employees with information necessary for them to determine that they are receiving the required protection from hazardous asbestos exposure. Asbestos exposure results in asbestosis, an emphysema-like condition; mesothelioma; and gastrointestinal cancer. 

                    Several provisions of the Standard specify paperwork requirements, including: Implementing an exposure monitoring program that notifies employees of their exposure-monitoring results; establishing a written compliance program; and informing laundry personnel of the requirement to prevent release of airborne asbestos above the time-weighted average and excursion limit. Other provisions associated with paperwork requirements include: Maintaining records of information obtained concerning the presence, location, and quantity of asbestos-containing materials (ACMs) and/or presumed asbestos-containing materials (PACMs) in a building/facility; notifying housekeeping employees of the presence and location of ACMs and PACMs in areas they may contact during their work; posting warning signs demarcating regulated areas; posting signs in mechanical rooms/areas that employees may enter and that contain ACMs and PACMs, informing them of the identity and location of these materials and work practices that prevent disturbing the materials; and affixing warning labels to asbestos-containing products and to containers holding such products. Additional provisions that contain paperwork requirements include: Developing specific information and training programs for employees; using information, data, and analyses to demonstrate that PACM does not contain asbestos; providing medical surveillance for employees potentially exposed to ACMs and/or PACMs, including administering an employee medical questionnaire, providing information to the examining physician, and providing the physician's written opinion to the employee; maintaining exposure-monitoring records, objective data used for exposure determinations, and medical-surveillance; making specified records (                    *e.g.,*                     exposure-monitoring and medical-surveillance records) available to designated parties; and transferring exposure-monitoring and medical-surveillance records to the National Institute for Occupational Safety and Health on cessation of business.                 

These paperwork requirements permit employers, employees and their designated representatives, OSHA, and other specified parties to determine the effectiveness of an employer's asbestos-control program. Accordingly, the requirements ensure that employees exposed to asbestos receive all of the protection afforded by the Standard. 

## II. Proposed Actions 

OSHA proposes to extend the Office of Management and Budget's (OMB) approval of the collection-of-information (paperwork) requirements contained in the Standard. 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 these information-collection requirements. 

*Type of Review:*                     Extension of currently approved information-collection requirements.                 

*Title:*                     Asbestos in General Industry (29 CFR 1910.1001).                

*OMB Number:*                     1218-0133.                

*Affected Public:*                     Business or other for-profit organizations; Federal, State, Local, or Tribal governments.                

*Number of Respondents:*                     233.                

*Frequency:*                     On occasion.                

*Average Time per Response:*                     Varies from 5 minutes to maintain records to 1.5 hours for employee training or medical evaluation.                

*Estimated Total Burden Hours:*                     35,523.                

*Estimated Cost (Operation and Maintenance):*                     $1,625,143.                          ( print page 65009)    

## III. Authority and Signature 

Charles N. Jeffress, 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) and Secretary of Labor's Order No. 3-2000 (65 FR 50017). 

Signed at Washington, DC on October 26, 2000. 

Charles N. Jeffress, 

Assistant Secretary of Labor. 

[FR Doc. 00-27921 Filed 10-30-00; 8:45 am] 

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