[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23210-23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11425]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0008]


The Lead in Construction 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 
Lead in Construction Standard (29 CFR 1926.62).

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 17, 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-2009-0008, 
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 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 ICR (OSHA-2009-0008). 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 contact Jamaa Hill at the 
address below to obtain a copy of the Information Collection Request 
(ICR).

FOR FURTHER INFORMATION CONTACT: Jamaa N. 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 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,

[[Page 23211]]

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 Act) (29 U.S.C. 651 et seq.) 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).
    OSHA is requesting approval from the Office of Management and 
Budget (OMB) for certain information collection requirements contained 
in the Lead in Construction Standard (29 CFR 1926.62). The purpose of 
the Lead in Construction Standard and its information collection 
requirements is to reduce occupational lead exposure in the 
construction industry. Lead exposure can result in both acute and 
chronic effects and can be fatal in severe cases of lead toxicity. Some 
of the health affects associated with lead exposure include brain 
disorders which can lead to seizures, coma, and death; anemia; 
neurological problems; high blood pressure; kidney problems; 
reproductive problems; and decreased red blood cell production. The 
Standard requires that employers: Establish and maintain a training 
program; review the compliance program annually; provide exposure 
monitoring, and medical surveillance programs; and maintain exposure 
monitoring and medical surveillance records. The records are used by 
employees, physicians, employers and OSHA to determine the 
effectiveness of the employer's compliance efforts. The Standard seeks 
to reduce disease by requiring exposure monitoring to determine if lead 
exposures are too high, by requiring medical surveillance to determine 
if employee blood lead levels are too high, and by requiring treatment 
to reduce blood lead levels.

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 is requesting that OMB extend its approval of the information 
collection requirements contained in the Lead in Construction Standard 
(29 CFR 1926.62). OSHA is proposing to decrease the burden hours by 
196,906 hours, from 1,560,717 hours to 1,363,811 hours due to the 
Agency reducing the number of firms, workers and projects affected by 
the Standard. Additionally, there is a cost reduction of $5,321,847, 
from $68,576,673 to $63,254,826. The decrease is primarily the result 
of the Agency reducing the number of examinations and consultations 
covered under biological monitoring (medical surveillance) Sec.  
1926.62(j).
    The Agency will summarize the comments submitted in response to 
this notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Lead in Construction Standard (29 CFR 1926.62).
    OMB Number: 1218-0189.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Respondents: 136,484.
    Frequency of Response: On occasion.
    Average Time per Response: Varies from 1 minute (.02 hour) for a 
clerical employee to notify employees of their right to seek a second 
medical opinion to 8 hours to develop a compliance plan.
    Estimated Total Burden Hours: 1,363,811 hours.
    Estimated Cost (Operation and Maintenance): $63,254,826.

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-2009-0008). 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 
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 11th day of May 2009.
Jordan Barab,
 Acting Assistant Secretary of Labor for Occupational Safety and 
Health.
[FR Doc. E9-11425 Filed 5-15-09; 8:45 am]
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