Asbestos in Construction Standard (29 CFR 1926.1101)

OMB Control No: 1218-0134	ICR Reference No: 202107-1218-005
Status: Received in OIRA	Previous ICR Reference No: 201810-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0134 (2021)
Title: Asbestos in Construction Standard (29 CFR 1926.1101)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/28/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	41,566,376	38,277,177
Time Burden (Hours)	4,199,335	3,765,459
Cost Burden (Dollars)	66,912,658	35,917,810

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Abstract: This standard requires employers to train workers about the hazards of asbestos, monitor worker exposure, provide medical surveillance, and maintain accurate records of worker exposure to asbestos. These records are used by employers, workers, and the Government to ensure that workers are not harmed by exposure to asbestos in the workplace.

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Authorizing Statute(s): 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    US Code: 29 USC 657 Name of Law: Occupational Safety and Health Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 32980	06/23/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 53689	09/28/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Asbestos in Construction (29 CFR 1926.1101) 1926.1101 Appendix D Appendix D to 1926.1101 Medical Questionnaire Mandatory Asbestos in Construction Standard (29 CFR 1926.1101)

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ICR Summary of Burden

	Total Request	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	41,566,376	38,277,177	0	0	3,289,199	0
Annual Time Burden (Hours)	4,199,335	3,765,459	0	0	433,876	0
Annual Cost Burden (Dollars)	66,912,658	35,917,810	0	0	30,994,848	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 is requesting an adjustment increase of 433,876 burden hours, from 3,765,459 to 4,199,335 hours. There are several reasons for this adjustment in burden hours. First, the Agency updated the data sources used to estimate the number of respondents and unit costs. Secondly, there was an increase in the number of buildings affected which increased the number of affected employees. As a result, there was an increase in burden. The increase in the cost is due to the increase in the number of employees affected and there was increase in cost of medical exams from $163 to $382 as a result the cost went from $35,917,810 to $66,912,658.

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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: Peter Andrews 202 693-2264 [email protected]

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Common Form ICR:  No

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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: 09/28/2021

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