83 FR 2676 - Respiratory Protection Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 12 (January 18, 2018)

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified by the Respiratory Protection Standard.

[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2676-2677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00731]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0027]


Respiratory Protection 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified by the Respiratory Protection Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
March 19, 2018.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0027, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., ET.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (OSHA-2011-0027) for the Information Collection 
Request (ICR). 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 above address. 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 from the website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Charles McCormick or Theda Kenney, 
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, 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 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 Respiratory Protection Standard (29 CFR 1910.134; hereafter, 
``the Standard'') contains information collection requirements that 
require employers to: develop a written respirator program; conduct 
worker medical evaluations and provide follow-up medical evaluations to 
determine the worker's ability to use a respirator; provide the 
physician or other licensed healthcare professional with information 
about the worker's respirator and the conditions under

[[Page 2677]]

which the worker will use the respirator; and administer fit tests for 
workers who will use negative- or positive-pressure, tight-fitting 
facepieces. In addition, employers must ensure that workers store 
emergency-use respirators in compartments clearly marked as containing 
emergency-use respirators. For respirators maintained for emergency 
use, employers must label or tag the respirator with a certificate 
stating the date of the inspection, the name of the individual who did 
the inspection, the findings of the inspection, required remedial 
action, and the identity of the respirator.
    The Standard also requires employers to ensure that cylinders used 
to supply breathing air to respirators have a certificate of analysis 
from the supplier stating that the breathing air meets the requirements 
for Type 1--Grade D breathing air; such certification assures employers 
that the purchased breathing air is safe. Compressors used to supply 
breathing air to respirators must have a tag containing the most recent 
change date and the signature of the individual authorized by the 
employer to perform the change. Employers must maintain this tag at the 
compressor. These tags provide assurance that the compressors are 
functioning properly.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     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;
     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.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Respiratory Protection 
Standard (29 CFR 1910.134). The Agency is requesting an adjustment 
increase in the number of burden hours from 6,642,537 to 7,622,100 
hours, a total increase of 979,563 burden hours. This increase is based 
on updated data showing an increase in the number of covered 
establishments. In addition, OSHA is requesting an adjustment increase 
of $139,348,226 in operation and maintenance costs (from $232,934,143 
to $372,282,369) associated with increased estimated costs for employee 
medical exams, fit-testing materials and fit-tests. 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: Respiratory Protection Standard (29 CFR 1910.134).
    OMB Control Number: 1218-0099.
    Affected Public: Business or other for-profits.
    Number of Respondents: 631,607.
    Frequency of Responses: Initially; Annually; On occasion.
    Total Responses: 25,621,506.
    Average Time per Response: Varies from 5 minutes (.08 hour) to mark 
a storage compartment or protective cover to 8 hours for large 
employers to gather and prepare information to develop a written plan.
    Estimated Total Burden Hours: 7,622,100.
    Estimated Cost (Operation and Maintenance): $372,282,369.

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 (Docket No. OSHA-2011-0027) for the ICR. 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 from this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office for information about materials not 
available from the website, and for assistance in using the internet to 
locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Deputy 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. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on January 11, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-00731 Filed 1-17-18; 8:45 am]
 BILLING CODE 4510-26-P