View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1218-0266
ICR Reference No:
201908-1218-003
Status:
Historical Active
Previous ICR Reference No:
201809-1218-018
Agency/Subagency:
DOL/OSHA
Agency Tracking No:
1218-0266(2019)
Title:
Respirable Crystalline Silica Standards for General Industry, Maritime (29 CFR 1910.1053) and Construction (29 CFR 1926.1053)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/25/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2023
36 Months From Approved
06/30/2020
Responses
17,858,154
0
6,271,812
Time Burden (Hours)
12,468,266
0
12,118,364
Cost Burden (Dollars)
393,789,550
0
393,789,901
Abstract:
The standards will require covered employers to monitor employee exposure to respirable crystalline silica, to establish either regulated areas or a written access control plan, to conduct medical surveillance, and to establish and maintain accurate records of employee exposure to respirable crystalline silica and employee medical records. These records will be used by employers, workers, physicians and the Government to ensure that workers are not being harmed by exposure to respirable crystalline silica.
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
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
84 FR 52144
10/01/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 5724
01/31/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Respirable Crystalline Silica Standards for General Industry, Maritime (29 CFR 1910.1053) and Construction (29 CFR 1926.1053)
Respirable Crystalline Silica Standards for General Industry, Maritime (29 CFR 1910.1053) and Construction (29 CFR 1926.1053) - Sample Forms in Appendix B of the CFR
29 CFR 1910.1053 and 29 CFR 1926.1153 Appendix B, 29 CFR 1910.1053 and 29 CFR 1153 Appendix B
Written Medical Report for Employee Sample Form
,
Written Medical Opinion for Employer Sample Form
ICR Summary of Burden
Total Approved
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
17,858,154
6,271,812
0
0
11,586,342
0
Annual Time Burden (Hours)
12,468,266
12,118,364
0
0
349,902
0
Annual Cost Burden (Dollars)
393,789,550
393,789,901
0
0
-351
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:
The agency requests approval for an adjustment increase of 349,902 burden hours (from 12,118,364 to 12,468,266). The requested adjustment increase is associated with the agency’s correction of several administrative errors in the previous ICR. Specifically, the adjustment would include additional burden hours for the development and updating of the written exposure control plan associated with medium-sized general industry establishments. In addition, the adjustment would add additional burden hours for employers to provide information to a physician or other licensed health care professional in association with employee periodic medical examinations. These burden hours were displayed in the previous ICR spreadsheets as costs incurred after the initial year of standard implementation but were not included in the burden hour totals in the previous ICR. The adjustment also would add additional burden hours for managers to ensure worker receipt of the PLHCP and specialist’s written medical report and distribute the PLHCP and specialist’s written medical opinion to workers and the employer in association with employee initial, periodic, and additional medical examinations. There were also minor burden hour adjustments associated with the agency’s use of a different burden hour time rounding method in the calculations. In addition, to better align the ICR with ROCIS fields and for PRA purposes only, the agency adjusted the previous ICR time estimate, burden hours and costs for overall initial, periodic and specialist medical examinations to separate out the burden hours and costs associated with an employer’s employee time and cost to wait for the PLHCP to complete medical surveillance forms, including the time to provide the forms to the employee and opinion to the employer, during the medical examination. This resulted in a substantial increase in responses associated with the forms. The agency also requests an adjustment decrease of $351 for operation and maintenance costs (from $393,789,901 to $393,789,550) to adjust for administrative errors and to maintain all other previously approved operation and maintenance costs. In addition, to better align the ICR with ROCIS fields and for PRA purposes only, the agency adjusted the operation and maintenance cost estimates for overall initial, periodic and specialist medical examinations to separate out the cost for a PLHCP to complete medical surveillance forms, and costs to provide the forms to the worker and employer respectively, during medical examination. This resulted in a substantial increase in responses associated with the forms.
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
Agency Contact:
Saleda Perryman
Common Form ICR:
No
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:
01/31/2020