the updated DOT rules are already currently in force for all public
roads. Second, even in the limited circumstances of construction on
private roads, the MUCTD rules are already likely followed. Finally,
the changes from the prior editions are minor and could easily be
outweighed by eliminating the burden created by having conflicting DOT
and OSHA requirements.
    Private roads open to public travel are now subject to the same
traffic control standards as public streets and highways. However, the
FHWA does not require State and/or local highway agencies to have
specific authority or enforcement responsibility for traffic control
devices on private roads to ensure compliance with the MUTCD. Owners or
parties responsible for such private roads are encouraged to bring the
traffic control devices into compliance with the MUTCD and other
applicable State Manuals, and those who do not may find themselves
exposed to increased tort liability. State and local jurisdictions can
encourage MUTCD compliance on private roads by incorporating pertinent
language into zoning requirements, building and occupancy permits, and
similar controls that they exercise over private properties.
    As a practical matter, available data on private road construction
indicate that it represents a very small portion of total road
construction activity. Data from the Census Construction Spending
Survey indicate that it represents less than 1 percent of all funds
dedicated to highway and street construction (Census, 2014).\25\ This
leaves a very limited scope of construction signage not already
governed by the updated DOT rules.
---------------------------------------------------------------------------

    \25\ Since private spending on Highway and Street construction
is relatively small in comparison to other categories of spending,
it does not appear as a separate item, but can be derived from
subtracting Total Public Construction spending on Highway and Street
construction from Total Construction spending on Highway and Street
construction. 2013 data indicates private spending was well below 1
percent of total spending in this category. This pattern was
consistent at least as far back as 2002.
---------------------------------------------------------------------------

    Since all contractors engaged in construction of public roads are
now required to follow the current MUTCD, only those firms that work
exclusively on private roads would incur costs associated with this
proposal. Contractors that work on both public and private roads should
not see an increased burden because they would already need to be in
compliance with the MUTCD to work on public roads. Considering that
there is pressure, both from a regulatory and liability perspective,
for firms that work exclusively on private roads to follow the MUTCD,
OSHA believes the total number of these firms potentially incurring
costs as a result of this proposal would be very small. OSHA received
no comments on the number of contractors that work exclusively on
private roads and are therefore not required to follow the MUTCD.
    For any firms not already complying with the updated MUTCD, the
cost of compliance would be very limited. As explained in the Summary
and Explanation, the revisions to the MUTCD make the document more user
friendly and account for advances in technology. A comparison of the
1998 and 2009 updates shows fewer and less burdensome new requirements,
but more guidance and support material which makes the document easier
to use. This change to the OSHA rule should decrease the burden on
employers by eliminating confusion as to which edition they must comply
with. It would also inform employers that compliance with DOT
regulations will not run afoul of outdated OSHA regulations. Most of
the new provisions provide more options to employers, which should
either increase safety or reduce the burden to employers.
    Nonetheless, the agency has identified one \26\ proposed change in
the 2009 Edition that could have a very small cost for those employers
doing construction work exclusively on private roads that are not
already following the updated MUTCD for these items. The change
prohibits contractors from relying on hand-signs alone to control
traffic. This burden would only apply to a subset of contractors that
use flaggers to control traffic (as opposed to something like automated
flagger-assistance devices) and choose to only use hand signals to
accomplish this task. Each of these contractors would need to purchase
at least one stop sign or flag. OSHA has determined that a flag would
cost, on average, $8.23 each, dependent on size (ERG, 2015).\27\
---------------------------------------------------------------------------

    \26\ In the proposed rule OSHA mistakenly identified a second
change in the 2009 Edition as a new requirement. The Agency stated
that ``[o]ne change is a requirement to use a new symbol and
additional sign for a shoulder drop-off'' (81 FR 68504, 68534).
Neither the use of a shoulder drop-off sign nor an additional sign
is required by the 2009 Edition under Section 6F.44.
    \27\ Inflated to 2017 dollars using GDP deflator (OSHA 2018).
---------------------------------------------------------------------------

    The number of signs or flags a contractor needs for these
situations would presumably be dependent on the number of simultaneous
projects that the road construction firm engages in during a typical
season, or how large and complex such projects are. While smaller
contractors may be more likely to engage solely in private road
operations, larger, more complex projects demanding more equipment
would almost certainly fall to larger contractors also employed in
public road construction. Considering the very limited number of
contractors and situations that would likely be impacted by this
proposal, the agency believes that most of the potentially affected
firms would not need more than a handful of either signs or flags.
    As indicated in the PEA, it is not clear whether any firm would
incur new costs as a result of this update to the 2009 Edition, but as
shown, any such costs would be very limited in nature and

would be an insignificant portion of a contractor's annual profit. OSHA
therefore did not believe this change would have a significant impact
to any firm or raise an issue of economic feasibility. The agency did
not receive any comments to contradict this preliminary conclusion, and
therefore believes it accurately describes the final rule.
Load Limit Posting
    OSHA is removing the load limit posting requirement for single-
family dwellings and wood-framed multi-family structures in 29 CFR
1926.250--General Requirements for Storage, paragraph (a)(2). OSHA
estimates that removing the requirement for employers to post maximum
safe load limits of floors in storage areas when constructing single-
family dwellings or wood-framed multi-family structures will result in
a cost savings to employers engaged in these construction activities of
approximately $5,806,000.
    OSHA estimates that it takes the average construction employee
affected by this requirement 15 minutes (0.25 hours) to develop and
post the currently required signs, assuming the information is readily
available from current engineering estimates. The Bureau of Labor
Statistics' (BLS) 2017 Occupational Employment Statistics (OES) data
(BLS, 2017) indicate that the most common construction occupation is
``construction laborer.'' Partly for that reason, the agency believes
this occupation is most representative of the workers actually posting
the load limit requirement at such dwellings. Consistent with that,
OSHA, based on the OES data, estimates a wage of $18.70 per hour for
the average affected construction worker (BLS, 2017). OSHA also
estimates that, based on BLS 2018 Employer Costs for Employee
Compensation data, employers pay an additional 46 percent in employee
benefits,\28\ implying a total employee compensation of $27.38 per hour
in 2017. This is estimated to save an additional $3.18 in hourly
overhead costs.\29\ The resulting labor and overhead savings is $30.56
per hour. According to the U.S. Census, in 2016 there were 738,000
single-family houses and 11,000 wood-framed multi-family residential
structures constructed (Census, 2016; pp. 213, 477).\30\ As was
presented in the PEA, OSHA in this FEA estimates that, on average, each
single-family house would have one relevant storage area per structure,
producing one required posting. For the final rule, the definition of
structures covered by the exemption has been expanded somewhat to
include wood frame multi-family residential structures. Because such
structures are more likely to have multiple storage areas, the agency
estimates that on average they would need to have two required postings
currently.\31\ Using this data, OSHA estimates that the yearly burden
on employers affected by this proposed revision will be reduced by
$7.64 per posting ($30.56/hour x 0.25 hours) for a total cost savings
of $5,806,000 ($7.64 cost per posting x 738,000 single-family homes
plus $7.64 x two postings x 11,000 multi-family structures) to the
industry.
---------------------------------------------------------------------------

    \28\ BLS, 2018. Employer costs for employee benefits (other than
wage and salary) were estimated to be 31.70 percent of total
compensation for workers employed in construction. The fringe
benefit factor is calculated by 1/(1 - percent of total compensation
attributable to employee benefits), or 1/(1 - .317) = 1.4641. Total
employer cost for employee compensation is calculated by multiplying
the base wages ($18.70) by the fringe benefits factor (1.4641).
    \29\ As indicated previously, overhead is estimated to equal 17%
of base wages, or $3.18 per hour.
    \30\ In the 911 Emergency Medical Services section of the FEA
presented earlier, the Agency examined total construction starts,
which were estimated using Dodge data. Included within that total
were new home starts. However, as has historically been the case
when examining the paperwork burden for 29 CFR 1926.250, the Agency
is using U.S. Census data rather than the Dodge report. As
referenced in the PEA, the Dodge report did not include a necessary
distinction in the data on townhomes separate from condominiums;
townhomes and condominiums were both grouped together in the Dodge
report's multifamily category. Therefore, OSHA believes the data
provided from the U.S. Census was the best available for analyzing
the proposed update to 29 CFR 1926.250(a)(2). While this element in
the data was not essential for the FEA, due to a change of scope in
the load limit exemption, the Agency is retaining its consistency
with the data series used in the PEA. No commenters questioned the
use of either data series.
    \31\ Since many multi-family structures have three or more
levels and may span a considerable horizontal distance, this may
represent a conservative estimate of the potential cost savings from
reduced posting requirements per structure.
---------------------------------------------------------------------------

    No public comments challenged OSHA's preliminary cost methodology.
Therefore, based on the profile data described above, the final
estimated burden hours and labor costs reduced by this requirement are:

Reduced burden hours: 760,000 total postings x .25 hours = 190,000
hours
Reduced cost: 190,000 hours x ($27.38 employee compensation + $3.18
overhead) = $5,806,000
Rollover Protective Structures (ROPS)
    OSHA is amending the existing standards in 29 CFR part 1926,
subpart W--Rollover Protective Structures; Overhead Protection
(Sec. Sec.  1926.1001, 1926.1002, and 1926.1003). The existing
standards, which are based on consensus standards from 1970, are
amended to remove the provisions that specify test procedures and
performance requirements. The revised provisions will reference the
1970 consensus standards for equipment manufactured prior to the
effective date of this final rule. They also reference the most recent
ISO standards: ISO 3471:2008, ISO 5700:2013 and ISO 27850:2013, for new
equipment manufactured after the effective date of this final rule. It
is OSHA's understanding that all industries affected by this change are
already following the new ISO standards, and therefore has concluded
that this change will not create any new costs for employers. OSHA
received no comments that would rebut the agency's conclusion on
current adherence to the ISO standards (and therefore the conclusion of
no new costs) among the affected industries.
    The agency is also expanding the existing regulatory language of
Sec. Sec.  1926.1000 and 1926.1001 to cover compactors and skid-steer
loaders, as indicated previously by reserving existing Sec.
1926.1000(a)(2). OSHA believes that this new equipment, as with the
equipment currently covered by the existing standard, already adheres
to the minimum performance criteria for ROPS as set forth in the recent
ISO standards, and received no comment on it. OSHA concludes that this
change will not add any new compliance cost to employers. OSHA received
no comments on this issue.
Underground Construction--Diesel Engines
    Existing regulatory language in Sec.  1926.800(k)(10)(ii) requires
that mobile diesel-powered equipment used underground comply with the
Mine Safety Health Administration's (MSHA) provisions of 30 CFR part
32. In 1996, MSHA revoked part 32 and replaced it with updated
provisions in 30 CFR part 7, subpart E, and 30 CFR 75.1909 Non-
permissible diesel-powered equipment; design and performance
requirements; 75.1910 Non-permissible diesel-powered equipment;
electrical system design and performance requirements; and 75.1911 Fire
suppression systems for diesel-powered equipment and fuel
transportation units (61 FR 55411). In 2001, MSHA issued 30 CFR 57.5067
to allow engines that meet Environmental Protection Agency (EPA)
requirements to be used as an alternative to seeking MSHA approval
under part 7, subpart E (66 FR 5706). The agency proposes to update the
regulatory language in Sec.  1926.800(k)(10)(ii) to cross-reference
these updated provisions.
    These changes will allow employers who use diesel-powered engines
on

mobile equipment in underground construction to (1) use current MSHA
procedures to obtain approval plates to affix to the engines, or (2)
meet or exceed the applicable EPA requirements listed at MSHA Table
57.5067-1. Based on available information, OSHA has determined that
currently manufactured equipment meets the requirements and is
generally compliant with the more stringent EPA Tier 3 and Tier 4
emission requirements (ERG, 2015). The agency therefore preliminarily
concluded that all applicable new equipment currently available in the
market meets the proposed requirements.
    OSHA recognizes that there may be some employers using equipment
that predates the newer MSHA standards, and the EPA requirements
referenced in them. To avoid the costs of replacing existing equipment
in use, the agency is allowing equipment purchased before the effective
date of the final rule to continue to comply with the terms of existing
Sec.  1926.800(k)(10)(ii) (including having been approved by MSHA under
30 CFR part 32 (1995) or be determined to be equivalent to such MSHA-
approved equipment). OSHA received no comment on the number of engines
in use that meet the existing standard but will not meet the
requirements of the new MSHA standard and whether continued use of such
equipment presents a serious safety or health hazard. However, as
discussed in the Summary and Explanation, commenters agreed the change
was desirable. As further indicated in the discussion, the final rule
has been refined to better reflect the technical needs of underground
construction environments, at the suggestion of commenters. This change
does not modify OSHA's preliminary conclusion that this provision,
eliminating reference to obsolete MSHA standards, will not produce
significant costs of compliance.
    In summary, because diesel equipment manufactured for underground
construction apparently conforms with the newer MSHA standards, and
because this rule does ``grandfather'' existing equipment, the agency
believes employers will not have additional expenses in complying with
the proposed change to the underground construction standard. OSHA
received no comments on this conclusion and therefore the agency
carries forward its preliminary assessment to this FEA.
Coke Oven Emissions
    Section 1926.1129 regulates exposure to coke oven emissions in
construction. In the Summary and Explanation, the point was made that
the provisions of this standard do not fit construction work. Therefore
OSHA is deleting 29 CFR 1926.1129 (and the reference to it in 29 CFR
1926.55).
    An interpretation letter to Mr. Mark D. Katz of the law firm Ulmer
& Berne LLP from Assistant Secretary Charles Jeffress on June 22, 1999,
stated that OSHA was removing 29 CFR 1926.1129 from OSHA's internet
website and intended to delete it from Part 1926 Code of Federal
Regulations. It also stated that OSHA would formally notify its field
offices that Sec.  1926.1129 would not to be enforced.\32\ Since OSHA
is not enforcing Sec.  1926.1129 and it has no applicability to
construction, this change has no cost.
---------------------------------------------------------------------------

    \32\ U.S. Dept. of Labor, OSHA, Standard Interpretation, Coke
Oven Emissions, www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22754 (accessed
November 24, 2017).
---------------------------------------------------------------------------

Removal of Social Security Number Collection Requirements From OSHA's
Standards
    As discussed in the Summary and Explanation, OSHA is deleting the
requirements in its standards for employers to use social security
numbers to identify employees in exposure monitoring, medical
surveillance, and other records. The agency believes that while this
change will help employers to protect their employees from identity
theft, it does not impose new costs upon employers. One anonymous
commenter was concerned that removing social security numbers from all
existing document would be expensive (OSHA-2012-0007-0647). However,
the proposed and final changes do not require employers to delete
social security numbers from existing records, nor do they prohibit
employers from continuing to use them to identify employees; employers
are simply no longer required to include employee social security
numbers on the records. The agency believes that these changes have
benefits to both employees and employers and cost savings, but OSHA has
not quantified those benefits and savings for this analysis.
Summary of Costs
    Table IV-2 provides a brief summary of the cost savings and
benefits that OSHA estimates will result from this rule. The expected
total cost savings per year are approximately $6,066,000. Given that
these are all annual cost savings, the final estimate is the same when
discounted at either 3 or 7 percent. For the same reason, when the
Department uses a perpetual time horizon to allow for cost comparisons
under E.O. 13771, the annualized cost savings of the final rule are
also $6,066,000 with 7 percent discounting. As indicated earlier, this
final estimate includes an overhead factor in the labor costs. This is
estimated to add an additional savings of $603,500, or 11.3%, on what
would have been an estimated savings of $5,462,000.

                               Table IV-2
------------------------------------------------------------------------
                    Item                        Cost savings/benefits
------------------------------------------------------------------------
Cost Savings:
    Removes the load limit posting           $5,806,000.
     requirement for single family
     dwellings and wood-framed multi-family
     structures in Sec.   1926.250(a)(2).
    Removes the requirement for periodic     $292,500.
     CXR in Sec.  Sec.   1910.1029,
     1910.1045, and 1910.1018.
    Revises paragraph (f) in 29 CFR          -$32,440.
     1926.50--Medical Services and First
     Aid.
                                            ----------------------------
        Total..............................  $6,066,000.
------------------------------------------------------------------------
Other Benefits:
    Adds cross-reference between Sec.  Sec.  Clarifies existing employer
       1904.5 and 1904.10(b)(6).              obligations regarding
                                              recording of hearing loss.
    Allows digital storage of chest          Brings standard up to date,
     roentgenograms in Sec.  Sec.             simplifies.
     1910.1029, 1910.1045, 1910.1018,
     1910.1001, 1915.1001, 1926.1101,
     1910.1027, and 1926.1127.
    Updates required pulmonary function      Brings OSHA standards up to
     testing requirements in Sec.             current technology and
     1910.1043.                               medical practices.

    Eliminates ``feral cats'' from           Eliminates the threat of
     definition of vermin in Sec.             unnecessary extermination.
     1926.250(b)(3).
    Clarifies language in Construction       Clarifies existing
     PELS, 29 CFR 1926.55.                    construction employer
                                              obligations regarding
                                              PELs.
    PSM cross-reference between Sec.  Sec.   Eliminates unneeded
      1926.64 and 1910.119.                   regulatory text.
    Lowering lanyard/lifeline break          Harmonizes with fall
     strength, Sec.   1926.104(c).            protection rule Sec.
                                              1926.502.
    Updates 29 CFR part 1926, subpart G, to  Harmonizes nationwide
     latest DOT MUTCD standards.              rules, greater safety,
                                              incidental costs.
    Updates Rollover Protective Structure    Harmonizes OSHA rule with
     rule (ROPS), 29 CFR part 1926, subpart   more recent consensus
     W.                                       standards.
    Update references in Underground         Simplifies/clarifies
     Construction--Diesel Engines, Sec.       employer obligations.
     1926.800(k)(10)(ii).
    Eliminates Coke Oven Emissions in        Eliminates unneeded
     Construction, Sec.   1926.1129.          regulatory text.
    Removal of Social Security Number        Provides greater privacy
     requirements.                            protection for employees.
------------------------------------------------------------------------
Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and
  Guidance, Office of Regulatory Analysis--Safety, 2018.

Technological Feasibility
    The purpose of the provisions in this standard is to reduce the
burden on employers, or provide employers with compliance flexibility
by removing or revising confusing, outdated, duplicative, or
inconsistent requirements, while maintaining or enhancing the level of
protection for employees. This standard deletes and revises a number of
provisions in existing OSHA standards. In most instances, the agency
chose to revise outdated provisions to improve clarity, as well as
consistency, with standards more recently promulgated by the agency or
current consensus standards. In other instances, the provisions revise
standards to improve consistency with current technology or research,
and to clarify OSHA's original intent. In all cases where a standard
has been updated to provide new equipment requirements, there are
products currently on the market that will satisfy the standard. The
only requirement with significant costs requires posting the latitude
and longitude in a prominent place. This is easily technologically
feasible. Because of the reduction or removal of current requirements
and because many of the updates reflect what is already practiced in
the applicable industry, OSHA preliminarily concluded that the proposed
rule would be technologically feasible. The agency received no comments
to suggest otherwise, and retains that conclusion for the FEA.
Economic Feasibility
    OSHA concludes that the final provisions of this standards
improvement action do not impose costs of any significance on
employers, providing primarily cost savings, and therefore the agency
concludes that this rule is economically feasible. The PEA had also
preliminarily reached this conclusion with regard to the proposal. The
only provision with significant costs requires approximately three
minutes of time per establishment. Such a cost is obviously feasible.
It is possible that a minimal number of construction projects will
incur costs as a result the changes to MUTCD. However the costs per
project will be minimal.
Regulatory Flexibility Screening Analysis and Certification
    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA examined the regulatory requirements of this
rule to determine whether these requirements would have a significant
economic impact on a substantial number of small entities. This rule
has estimated annual costs of $32,440 and will lead to approximately
$6.1 million per year in cost savings to regulated entities. Since the
costs related to this rule (from posting location information in
limited circumstances) and cost savings (primarily from no longer
having to post load limit information in many situations) amount to a
few dollars per construction project, and are widely dispersed
geographically and throughout the industry, the agency believes this
rule does not possess the potential to have a significant impact on a
substantial number of small entities. The agency therefore certifies
that this rule will not have a significant economic impact on a
substantial number of small entities.
References
BLS, 2017. Bureau of Labor Statistics Occupational Employment
Survey. May 2017. Found at: www.bls.gov/oes/current/oes_nat.htm.
Accessed June 2018.
BLS, 2017a. Nonfatal occupational illnesses by major industry sector
and category of illness, 2016. TABLE SNR07. Found at: www.bls.gov/iif/oshsum.htm. October 31, 2017 version, accessed September 2018.
BLS, 2018. Bureau of Labor Statistics Employer Cost for Employee
Compensation, December 2017. News Release June 8th 2018. Found at:
www.bls.gov/news.release/ecec.nr0.htm. Accessed June 2018.
BLS, 2018a. Occupational Employment and Wages, May 2017, Table
SNR07. Found at: data.bls.gov/cgi-bin/print.pl/oes/current/oes299011.htm. March 30, 2018 version, accessed September 2018.
Census, 2016. U.S. Census Bureau, ``Characteristics of New Housing
2016.'' Found at: www.census.gov/construction/chars/pdf/c25ann2016.pdf. Accessed November 2017.
Census, 2014. U.S. Census Bureau, Construction Spending Survey data,
available from www.census.gov/econ/currentdata. Accessed September
2016.
Cody Rice, U.S. Environmental Protection Agency, ``Wage Rates for
Economic Analyses of the Toxics Release Inventory Program,'' June
10, 2002 (document ID 2025). This analysis itself was based on a
survey of several large chemical manufacturing plants: Heiden
Associates, Final Report: A Study of Industry Compliance Costs Under
the Final Comprehensive Assessment Information Rule, Prepared for
the Chemical Manufacturers Association, December 14, 1989.
Dodge Data and Analytics, data run, 2 Penn Plaza, New York, New York
10121. May 2016.
ERG, 2015. Eastern Research Group, ``Supporting Information for
Standard Improvement Project 4,'' September, 2015. Docket ID# OSHA-
2012-0007-0077.
ERG, 2017a. Eastern Research Group, ``Spirometry and Chest X-Ray
Information for SIPS IV,'' December 2017.
ERG, 2017b. Eastern Research Group, ``SIPS 4 Medical Examination
Calculations,'' Excel Workbook. July 2017.

FCC, 2014. Federal Communications Commission, ``911 Wireless
Services Guide,'' December 2014.
NENA, 2001. RCN Commission and the National Emergency Number
Association (NENA), ``Report Card to the Nation: The Effectiveness,
Accessibility and Future of America's 911 Service,'' September 2001.
Found at: c.ymcdn.com/sites/www.nena.org/resource/collection/7F122EC0-BC5A-46DD-9A65-B39A035E87D5/NENA_Report_to_the_Nation_1.pdf. Accessed November 2017.
NENA, 2017. National Emergency Number Association, 911 Statistics,
August 2017. www.nena.org/?page=911Statistics. Accessed November
2017.
OSHA, 2012. Occupational Safety and Health Administration, Standard
Interpretations. Asbestos Standards. www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28583. Accessed
November 24, 2017.
OSHA, 2018. Occupational Safety and Health Administration, ``SIPS 4
Cost Benefits Estimates FEA,'' Excel Workbook.
OSHA, 2018a. Supporting Statement for the Information Collection
Requirement on Recordkeeping and Reporting Occupational Injuries and
Illnesses (28 CFR part 1904), Office of Management and Budget (OMB)
Control No. 1218-0176, July 2018. Found at: www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201807-1218-002.

V. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act; 29 U.S.C. 651 et al.) is ``to assure so far as possible every
working man and woman in the Nation safe and healthful working
conditions and to preserve our human resources.'' (29 U.S.C. 651(b)).
To achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards;
authorized summary adoption of existing national consensus and
established Federal standards within two years of the effective date of
the OSH Act (29 U.S.C. 655(a)); authorized promulgation of standards
pursuant to notice and comment (29 U.S.C. 655(b)); and required
employers to comply with OSHA standards (29 U.S.C. 654(b)).
    An occupational safety or health standard is a standard ``which
requires conditions, or the adoption or use of one or more practices,
means, methods, operations, or processes, reasonably necessary or
appropriate to provide safe or healthful employment and places of
employment.'' (29 U.S.C. 652(8)). A standard is reasonably necessary or
appropriate within the meaning of section 652(8) if it substantially
reduces or eliminates significant risk. In addition, it must be
technologically and economically feasible, cost effective, and
consistent with prior agency action, or a justified departure. A
standard must be supported by substantial evidence, and be better able
to effectuate the OSH Act's purposes than any national consensus
standard it supersedes. (See 58 FR 16612-16616, March 30, 1993.)
    A standard is technologically feasible if the protective measures
it requires already exist, can be brought into existence with available
technology, or can be created with technology that can reasonably be
expected to be developed. (See American Textile Mfrs. Institute v.
OSHA, 452 U.S. 490, 513 (1981) (ATMI); American Iron and Steel
Institute v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 1991) (AISI).)
    A standard is economically feasible if industry can absorb or pass
on the costs of compliance without threatening its long-term
profitability or competitive structure. See ATMI, 452 U.S. at 530 n.
55; AISI, 939 F.2d at 980. A standard is cost effective if the
protective measures it requires are the least costly of the available
alternatives that achieve the same level of protection. ATMI, 452 U.S.
at 514 n. 32; International Union, UAW v. OSHA, 37 F.3d 665, 668 (D.C.
Cir. 1994) (LOTO II). Section 6(b)(7) of the OSH Act authorizes OSHA to
include among a standard's requirements labeling, monitoring, medical
testing, and other information-gathering and transmittal provisions.
(29 U.S.C. 655(b)(7)). OSHA safety standards also must be highly
protective. (See 58 FR at 16614-16615; LOTO II, 37 F.3d at 668-669.)
Finally, whenever practical, standards shall ``be expressed in terms of
objective criteria and of the performance desired.'' (29 U.S.C.
655(b)(5)).

VI. OMB Review Under the Paperwork Reduction Act of 1995

A. Overview

    The purposes of the Paperwork Reduction Act 1995 (PRA), 44 U.S.C.
3501 et seq., include enhancing the quality and utility of information
the Federal government requires and minimizing the paperwork and
reporting burden on affected entities. The PRA requires certain actions
before an agency can adopt or revise a collection of information
(paperwork), including publishing a summary of the collection of
information and a brief description of the need for and proposed use of
the information. PRA defines ``collection of information'' as ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public, of facts or opinions by or
for an agency, regardless of form or format'' (44 U.S.C. 3502(3)(A)).
Under PRA, a Federal agency may not conduct or sponsor a collection of
information unless it is approved by OMB under the PRA, and it displays
a currently valid OMB control number. The public is not required to
respond to a collection of information unless it displays a currently
valid OMB control number (44 U.S.C. 3507). Also, notwithstanding any
other provisions of law, no person shall be subject to penalty for
failing to comply with a collection of information if the collection of
information does not display a currently valid OMB control number (44
U.S.C. 3512).
    SIP-IV modifies twenty-five Information Collections currently
approved by the Office of Management and Budget (OMB) under the PRA.

B. Solicitation of Comments

    The Department is submitting a series of Information Collection
Requests (ICRs) to revise the collections in accordance to this Final
Rule, as required by the PRA. See 44 U.S.C. 3507(d). Some of these
revisions will result in changes to the existing burden hour and/or
cost estimates. Other revisions will be less significant and will not
change the ICR burden hour and cost estimates.\33\
---------------------------------------------------------------------------

    \33\ The Final Rule contains some revisions to existing standard
provisions that are not collections of information. These revisions
are not addressed in this preamble section. However other revisions
will modify language contained in a currently OMB approved
information collection (paperwork analysis), though they will not
change burden hour or cost estimates. These information collections,
referenced by OMB Control number, are included in this section since
the Agency will prepare and submit an ICR to OMB to incorporate the
revised language into the existing information collection.
---------------------------------------------------------------------------

    The agency solicited comments on the information collection
requirements contained in the NPRM and did not receive any comments in
response to the information collection requirements.

C. Revisions to the Collection of Information Requirements

    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about the ICRs, including the
changes in burden associated with the revisions to information
collection requirements.
    1. Title: Standards Improvement Project--Phase IV (SIP-IV).
    2. Description of revisions to the ICRs: The SIP-IV Final Rule
adds, removes, or revises collection of information requirements, as
further explained in Table 1(a) that identifies those ICRs where the
Final Rule changed burden hours and costs. For those ICRs, Table 1(b)
itemizes the responses, frequencies,

time, burden hours, and cost as a result of the program change. Table 2
identifies those ICRs where the Final Rule will add to or revise the
text of standards, but do not result in a burden or cost change as
result.

                        Table 1(a)--ICRs With Burden Hour Changes as a Result of the Rule
----------------------------------------------------------------------------------------------------------------
                                                  OMB control
                   ICR title                          No.                   Provisions being modified
----------------------------------------------------------------------------------------------------------------
Coke Oven Emissions (29 CFR 1910.1029)........       1218-0128  OSHA is removing the requirement for periodic
                                                                 chest x-rays as part of the medical exams for
                                                                 employees. In addition, OSHA is adding the
                                                                 option of digital radiography to its existing
                                                                 standards because digital radiography systems
                                                                 are rapidly replacing traditional analog film-
                                                                 based systems in medical facilities.
Acrylonitrile (29 CFR 1910.1045)..............       1218-0126  OSHA is removing the requirement for periodic
                                                                 chest x-rays as part of the medical exams for
                                                                 employees. OSHA is adding the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Inorganic Arsenic (29 CFR 1910.1018)..........       1218-0104  OSHA is removing the requirement for periodic
                                                                 chest x-rays as part of the medical exams for
                                                                 employees. OSHA is adding the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Construction Standards on Posting Emergency          1218-0093  OSHA is adding to 29 CFR 1926.50(f) a
 Telephone Numbers and Floor Load Limits (29                     requirement that when an employer uses a
 CFR 1926.50 and 29 CFR 1926.250).                               communication system for contacting 911
                                                                 services, if the communication system is in an
                                                                 area that does not automatically supply the
                                                                 caller's latitude and longitude to the 911
                                                                 dispatcher, the employer must post or otherwise
                                                                 provide to employees the latitude and longitude
                                                                 of the work site or other information that
                                                                 communicates the location of the worksite. In
                                                                 addition, OSHA is removing the load limit
                                                                 posting requirement for single family dwellings
                                                                 and wood-framed multi-family structures in 29
                                                                 CFR 1926.250.
----------------------------------------------------------------------------------------------------------------

                                                      Table 1(b)--Estimated Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Estimated cost
                                                                                Average time      Estimated       (capital-
ICR title and paragraph modified    OMB control      Number of       Number of    Frequency per response   per response    burden hour/    operation and
                                        No.         respondents      responses                                (hours)     program change   maintenance)
                                                                                change \34\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coke Oven Emissions (29 CFR            1218-0128           2,498           2,498  Annual................            1.42            -624       -$179,357
 1910.1029) (Sec.
 1910.1029(j)).
Acrylonitrile (29 CFR 1910.1045)       1218-0126             542             542  Annual................            1.25            -135         -38,916
 (Sec.   1910.1045(n)).
Inorganic Arsenic (29 CFR              1218-0104             589             589  Annual................            1.42            -148         -42,290
 1910.1018) (Sec.
 1910.1018(n)).
Construction Standard on Posting       1218-0093          21,233          21,233  Annual................             .05          +1,062    \36\ +27,761
 Emergency Telephone Numbers (29
 CFR 1926.50) \35\ (Sec.
 1926.50(f)).
Construction Standard on Floor         1218-0093         760,000         760,000  Annual................            0.25        -190,000          \37\ -
 Load Limits (29 CFR 1926.250)                                                                                4,966,600
 (Sec.   1926.250(a)).
                                 -----------------------------------------------------------------------------------------------------------------------
    Grand Total.................  ..............         784,862         784,862  ......................  ..............        -189,845      -5,199,402
--------------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

    \34\ Totals in this column may vary slightly from those in the
Final Economic Analysis (FEA) due to rounding in the FEA.
    \35\ Both 29 CFR 1926.50 and 1926.250 are covered by the same
ICR, 1218-0093.
    \36\ This cost is under item 12 for posting emergency telephone
numbers of the ICR, 1218-0093.
    \37\ This cost is under item 12 for posting floor load limits of
the ICR, 1218-0093.

                                    Table 2--ICRs With No Burden Hour Changes
----------------------------------------------------------------------------------------------------------------
                                                  OMB control
                   ICR title                          No.                   Provisions being modified
----------------------------------------------------------------------------------------------------------------
Asbestos in General Industry (29 CFR                 1218-0133  OSHA is adding the option of digital radiography
 1910.1001).                                                     to its existing standards because digital
                                                                 radiography systems are rapidly replacing
                                                                 traditional analog film-based systems in
                                                                 medical facilities.
Asbestos in Construction (29 CFR 1926.1101)...       1218-0134  OSHA is adding the option of digital radiography
                                                                 to its existing standards because digital
                                                                 radiography systems are rapidly replacing
                                                                 traditional analog film-based systems in
                                                                 medical facilities.
Asbestos in Shipyards (29 CFR 1915.1001)......       1218-0195  OSHA is adding the option of digital radiography
                                                                 to its existing standards because digital
                                                                 radiography systems are rapidly replacing
                                                                 traditional analog film-based systems in
                                                                 medical facilities.
Cadmium in Construction (29 CFR 1926.1127)....       1218-0186  OSHA is adding the option of digital radiography
                                                                 to its existing standards because digital
                                                                 radiography systems are rapidly replacing
                                                                 traditional analog film-based systems in
                                                                 medical facilities.

Cadmium in General Industry (29 CFR 1910.1027)       1218-0185  OSHA is adding the option of digital radiography
                                                                 to its existing standards because digital
                                                                 radiography systems are rapidly replacing
                                                                 traditional analog film-based systems in
                                                                 medical facilities.
Cotton Dust (29 CFR 1910.1043)................       1218-0061  OSHA is revising paragraph (h) and appendix D of
                                                                 its Cotton Dust standard. Many of the revisions
                                                                 are simply editorial, to clarify existing
                                                                 language, as well as to update outdated
                                                                 pulmonary function measurements. OSHA is also
                                                                 updating paragraph (h)(2)(iii) to require a
                                                                 determination of the FEV1/FVC ratio, and the
                                                                 evaluation of FEV1, FVC, and FEV1/FVC against
                                                                 the lower limit of normal (LLN) for each race/
                                                                 ethnic group, by age, which is consistent with
                                                                 generally accepted practices.
----------------------------------------------------------------------------------------------------------------

    This final rule will also have an impact on the provisions in
OSHA's standards that currently require employers to include employee
Social Security Numbers (SSNs) on exposure monitoring, medical
surveillance, and other records. As explained above in the Summary and
Explanation of the Rule section (see Section III.B.17.), the agency
previously considered stakeholder comments regarding the SSN collection
requirements in OSHA's standards during the SIP II (70 FR 1112, January
5, 2005) and Respirable Crystalline Silica (81 FR 16285, March 25,
2016) rulemakings. Eliminating SSN collection requirements from OSHA's
standards will affect several of the ICRs covered under the PRA. Table
3 shows the control number, title, and section modified for each of the
ICRs that will be affected. The agency believes removing the SSNs will
have no measureable impact on employer burden.

        Table 3--ICRs Affected by Social Security Number Removal
------------------------------------------------------------------------
     OMB control No.                Title             Section modified
------------------------------------------------------------------------
1218-0202................  Hazardous Waste         1910.120(f)(8)(ii)(A)
                            Operations and          ,
                            Emergency Response      1926.65(f)(8)(ii)(A)
                            for General Industry    .
                            (29 CFR 1910.120) and
                            Construction (29 CFR
                            1926.65).
1218-0133................  Asbestos in General     1910.1001(m)(1)(ii)(F
                            Industry (29 CFR        ),
                            1910.1001).             1910.1001(m)(3)(ii)(
                                                    A), 1910.1001,
                                                    appendix D.
1218-0010................  Vinyl Chloride          1910.1017(m)(1).
                            Standard (29 CFR
                            1910.1017).
1218-0104................  Inorganic Arsenic (29   1910.1018(q)(1)(ii)(D
                            CFR 1910.1018).         ),
                                                    1910.1018(q)(2)(ii)(
                                                    A).
1218-0092................  Lead Standard in        1910.1025(d)(5),
                            General Industry (29    1910.1025(n)(1)(ii)(
                            CFR 1910.1025).         D),
                                                    1910.1025(n)(2)(ii)(
                                                    A),
                                                    1910.1025(n)(3)(ii)(
                                                    A), 1910.1025,
                                                    appendix B.
1218-0252................  Hexavalent Chromium     1910.1026(m)(1)(ii)(F
                            Standards for General   ),
                            Industry (29 CFR        1910.1026(m)(4)(ii)(
                            1910.1026), Shipyard    A),
                            Employment (29 CFR      1915.1026(k)(1)(ii)(
                            1915.1026), and         F),
                            Construction (29 CFR    1915.1026(k)(4)(ii)(
                            1926.1126).             A),
                                                    1926.1126(k)(1)(ii)(
                                                    F),
                                                    1926.1126(k)(4)(ii)(
                                                    A).
1218-0185................  Cadmium in General      1910.1027(n)(1)(ii)(B
                            Industry Standard (29   ),
                            CFR 1910.1027).         1910.1027(n)(3)(ii)(
                                                    A), 1910.1027,
                                                    appendix D.
1218-0129................  Benzene (29 CFR         1910.1028(k)(1)(ii)(D
                            1910.1028).             ),
                                                    1910.1028(k)(2)(ii)(
                                                    A).
1218-0128................  Coke Oven Emissions     1910.1029(m)(1)(i)(a)
                            (29 CFR 1910.1029).     ,
                                                    1910.1029(m)(2)(i)(a
                                                    ).
1218-0180................  Bloodborne Pathogens    1910.1030(h)(1)(ii)(A
                            Standard (29 CFR        ).
                            1910.1030).
1218-0061................  Cotton Dust (29 CFR     1910.1043(k)(1)(ii)(C
                            1910.1043).             ),
                                                    1910.1043(k)(2)(ii)(
                                                    A), 1910.1043,
                                                    appendices B-I, B-
                                                    II, B-III.
1218-0101................  1,2-Dibromo-3-          1910.1044(p)(1)(ii)(d
                            Chloropropane (DBCP)    ),
                            Standard (29 CFR        1910.1044(p)(2)(ii)(
                            1910.1044).             a).
1218-0126................  Acrylonitrile Standard  1910.1045(q)(2)(ii)(D
                            (29 CFR 1910.1045).     ).
1218-0108................  Ethylene Oxide (EtO)    1910.1047(k)(2)(ii)(F
                            Standard (29 CFR        ),
                            1910.1047).             1910.1047(k)(3)(ii)(
                                                    A).
1218-0145................  Formaldehyde Standard   1910.1048(o)(1)(vi),
                            (29 CFR 1910.1048).     1910.1048(o)(3)(i),
                                                    1910.1048(o)(4)(ii)(
                                                    D), 1910.1048,
                                                    appendix D.
1218-0184................  4,4'-                   1910.1050(n)(3)(ii)(D
                            Methylenedianiline      ),
                            (MDA) for General       1910.1050(n)(4)(ii)(
                            Industry (29 CFR        A),
                            1910.1050).             1910.1050(n)(5)(ii)(
                                                    A).
1218-0170................  1,3-Butadiene Standard  1910.1051(m)(2)(ii)(F
                            (29 CFR 1910.1051).     ),
                                                    1910.1051(m)(4)(ii)(
                                                    A), 1910.1051,
                                                    appendix F.
1218-0179................  Methylene Chloride (29  1910.1052(m)(2)(ii)(F
                            CFR 1910.1052).         ),
                                                    1910.1052(m)(2)(iii)
                                                    (C),
                                                    1910.1052(m)(3)(ii)(
                                                    A), 1910.1051,
                                                    appendix B.
1218-0266................  Respirable Crystalline  1910.1053(k)(1)(ii)(G
                            Silica Standards for    ),
                            General Industry,       1910.1053(k)(3)(ii)(
                            Shipyard Employment     A),
                            and Marine Terminals    1926.1153(j)(1)(ii)(
                            (29 CFR 1910.1053)      G),
                            and Construction (29    1926.1153(j)(3)(ii)(
                            CFR 1926.1153).         A).
1218-0195................  Asbestos in Shipyards   1915.1001(n)(2)(ii)(F
                            Standard (29 CFR        ),
                            1915.1001).             1915.1001(n)(3)(ii)(
                                                    A), 1915.1001,
                                                    appendix D.
1218-0134................  Asbestos in             1926.1101(n)(2)(ii)(F
                            Construction (29 CFR    ),
                            1926.1101).             1926.1101(n)(3)(ii)(
                                                    A), 1926.1101,
                                                    appendix D.
1218-0186................  Cadmium in              1926.1127(d)(2)(iv),
                            Construction Standard   1926.1127(n)(1)(ii)(
                            (29 CFR 1926.1127).     B),
                                                    1926.1127(n)(3)(ii)(
                                                    A).
1218-0183................  4,4'-                   1926.60(o)(4)(ii)(F),
                            Methylenedianiline      1926.60(o)(5)(ii)(A)
                            (MDA) in Construction   .
                            (29 CFR 1926.60).

1218-0189................  Lead in Construction    1926.62(d)(5),
                            Standard (29 CFR        1926.62(n)(1)(ii)(D)
                            1926.62).               ,
                                                    1926.62(n)(2)(ii)(A)
                                                    ,
                                                    1926.62(n)(3)(ii)(A)
                                                    , 1926.62, appendix
                                                    B.
------------------------------------------------------------------------

    In addition to the above-described changes, the agency made
adjustments to some ICRs to reflect ongoing PRA interpretations that
may result in a minor change to the burden hours and/or costs; these
changes are not a result of this rulemaking. For example, the agency
has determined that the requirement for employers to make records
available upon request to the Assistant Secretary is no longer
considered a collection of information. OSHA typically requests access
to records during an inspection, and information collected by the
agency during the investigation is not subject to the PRA under 5 CFR
1320.4(a)(2). While NIOSH may use records collected from employers for
research purposes, the agency does not anticipate that NIOSH will
request employers to make available records during the approval period.
Therefore, the burden for the employer to make this information
available to NIOSH is zero where before the burden may have been one
hour.

VII. Federalism

    OSHA reviewed this final rule in accordance with the Executive
Order on Federalism (Executive Order 13132, 64 FR 43255, August 10,
1999), which requires that Federal agencies, to the extent possible,
refrain from limiting State policy options, consult with States prior
to taking any actions that would restrict State policy options, and
take such actions only when clear constitutional authority exists and
the problem is national in scope. Executive Order 13132 provides for
preemption of State law only with the express consent of Congress.
Agencies must limit any such preemption to the extent possible.
    Under section 18 of the OSH Act, Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as ``State
Plans'' (29 U.S.C. 667). Occupational safety and health standards
developed by State Plans must be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards.
    While OSHA drafted this rule to protect employees in every State,
Section 18(c)(2) of the OSH Act permits State Plans to develop and
enforce their own standards, provided the requirements in these
standards are at least as safe and healthful as the requirements
specified in this final rule.
    In summary, this rule complies with Executive Order 13132. In
States without OSHA-approved State Plans, any standard developed from
this final rule would limit State policy options in the same manner as
every standard promulgated by OSHA. In States with OSHA-approved State
Plans, this final rule would not significantly limit State policy
options.

VIII. State Plans

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, OSHA-approved State Plans must
either amend their standards to be ``at least as effective as'' the new
standard or amendment, or show that an existing state standard covering
this area is already ``at least as effective'' as the new Federal
standard or amendment (29 CFR 1953.5(a)). State Plan adoption must be
completed within six months of the promulgation date of the final
Federal rule. OSHA concludes that this final rule, by revising
confusing, outdated, duplicative, or inconsistent standards, will
increase the protection afforded to employees while reducing the
compliance burden of employers. Therefore, within six months of the
rule's promulgation date, State Plans must adopt amendments to their
standards that are ``at least as effective,'' unless they demonstrate
that such amendments are not necessary because their existing standards
are already ``at least as effective'' in protecting workers as this
final rule.
    The 28 OSHA-approved State Plans are: Alaska, Arizona, California,
Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maine,
Maryland, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New
York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee,
Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. The
Connecticut, Illinois, New Jersey, New York, Maine, and the Virgin
Islands State Plans cover state and local government employees only,
while the rest cover the private sector and state and local government
employees.

IX. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this final rule in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.) and
Executive Order 12875 (56 FR 58093). As discussed in section IV
(``Final Economic Analysis and Final Regulatory Flexibility Act
Analysis'') of this document, the agency determined that this final
rule has one revision with estimated annual new costs of $32,440 but
all revisions would result in approximately $6.1 million per year in
overall (net) cost savings to regulated entities.
    The agency's standards do not apply to State and local governments
except in States that elect voluntarily to adopt a State Plan approved
by the agency. Consequently, this rule does not meet the definition of
a ``Federal intergovernmental mandate'' (see section 421(5) of the UMRA
(2 U.S.C. 658(5)). Therefore, for the purposes of the UMRA, the agency
certifies that this final rule does not mandate that State, local, or
tribal governments adopt new, unfunded regulatory obligations, or
increase expenditures by the private sector of more than $100 million
in any year.

X. Review by the Advisory Committee for Construction Safety and Health

    OSHA must consult with the ACCSH whenever the agency proposes a
rulemaking that involves the occupational safety and health of
construction employees (29 CFR 1911.10, 1912.3). Accordingly, prior to
the dates of meetings listed below, OSHA distributed to the ACCSH
members for their review a copy of the proposed revisions that applied
to construction, as well as a brief summary and explanation of these
revisions. At the regular meetings on December 15-16, 2011; May 10-11,
2012; November 29, 2012; March 18, 2013; May 23, 2013; August 22, 2013;
May 7-8, 2014; December 3-4, 2014; and December 2, 2015, OSHA staff
presented summaries of the material provided to ACCSH members earlier
and responded to the members' questions. The ACCSH

subsequently recommended that OSHA publish the proposal.

List of Subjects

29 CFR Part 1904

    Recordkeeping.

29 CFR Part 1910

    Chest X-ray requirements, Incorporation by reference, Pulmonary--
function testing, Social Security numbers on records.

29 CFR Part 1915

    Chest X-ray requirements, Incorporation by reference, Sanitation,
Social Security numbers on records.

29 CFR Part 1926

    Airborne contaminants, Chest X-ray requirements, Coke oven
emissions, Diesel equipment, Emergency services, Incorporation by
reference, Lanyards, Load limits, Manual on Uniform Traffic Control
Devices (MUCTD), Personal protective equipment (PPE), Process safety
management (PSM), Roll-over protective structures (ROPs), Social
Security numbers on records.

Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, authorized the preparation
of this document pursuant to Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 29 CFR part
1911, and Secretary's Order 1-2012 (77 FR 3912).

    Signed at Washington, DC, on April 16, 2019.
________________________________
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble of this final rule, the
Occupational Safety and Health Administration amends 29 CFR parts 1904,
1910, 1915, and 1926 as follows:

PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND
ILLNESSES

0
1. Revise the authority citation for part 1904 to read as follows:

    Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Orders No. 3-2000 (65 FR 50017) and 1-2012 (77 FR 3912), as
applicable, and 5 U.S.C. 553.

Subpart C--Recordkeeping Forms and Recording Criteria

0
2. Revise paragraph (b)(6) of Sec.  1904.10 to read as follows:

Sec.  1904.10  Recording criteria for cases involving occupational
hearing loss.

* * * * *
    (b) * * *
    (6) If a physician or other licensed health care professional
determines the hearing loss is not work-related, do I still need to
record the case? If a physician or other licensed health care
professional determines, following the rules set out in Sec.  1904.5,
that the hearing loss is not work-related or that occupational noise
exposure did not significantly aggravate the hearing loss, you do not
have to consider the case work-related or record the case on the OSHA
300 Log.
* * * * *

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--General

0
3. The authority citation for part 1910, subpart A, continues to read
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8, and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).

0
4. Amend Sec.  1910.6 by:
0
a. Revising paragraphs (a)(2) through (4).
0
b. Redesignating paragraphs (i) through (z) as follows:

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Old paragraph                                                                                New paragraph
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(i) through (o).......................  (j) through (p).
(p) through (x).......................  (s) through (aa).
(y)...................................  (r).
(z)...................................  (bb).
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0
c. Adding new paragraphs (i) and (q).
    The revisions and additions read as follows:

Sec.  1910.6   Incorporation by reference.

    (a) * * *
    (2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: 877-
889-5627).
    (3) The standards listed in this section are incorporated by
reference into this part with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, OSHA
must publish a document in the Federal Register and the material must
be available to the public.
    (4) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, these standards are available for inspection at any Regional
Office of the Occupational Safety and Health Administration (OSHA), or
at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3508, Washington, DC 20210; telephone:<PHONE_NUMBER>
(TTY number:<PHONE_NUMBER>). They are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of these standards at NARA, telephone:
202-741-6030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (i) The following material is available at the American Thoracic
Society (ATS), 25 Broadway, 18th Floor New York, NY 10004; website:
www.atsjournals.org/.
    (1) Spirometric Reference Values from a Sample of the General U.S.
Population. Hankinson JL, Odencrantz JR, Fedan KB. American Journal of
Respiratory and Critical Care Medicine, 159:179-187, 1999, IBR approved
for Sec.  1910.1043(h).
    (2) [Reserved]
* * * * *
    (q) The following material is available from the International
Labour Organization (ILO), 4 route des

Morillons, CH-1211 Gen[egrave]ve 22, Switzerland; telephone: +41 (0) 22
799 6111; fax: +41 (0) 22 798 8685; website: www.ilo.org/.
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1910.1001.
    (2) [Reserved]
* * * * *

Subpart Z--Toxic and Hazardous Substances

0
5. Revise the authority citation for part 1910, subpart Z, to read as
follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2007 (72
FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
    All of subpart Z issued under 29 U.S.C. 655(b), except those
substances that have exposure limits listed in Tables Z-1, Z-2, and
Z-3 of Sec.  1910.1000. The latter were issued under 29 U.S.C.
655(a).
    Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI)
listings.
    Section 1910.1001 also issued under 40 U.S.C. 3704 and 5 U.S.C.
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
    Section 1910.1030 also issued under Public Law 106-430, 114
Stat. 1901.
    Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

0
6. Amend Sec.  1910.1001 by revising paragraphs (l)(2)(ii) and
(l)(3)(ii), the heading to Table 1, and appendices D and E and H,
sections III and IV, to read as follows:

Sec.  1910.1001  Asbestos.

* * * * *
    (l) * * *
    (2) * * *
    (ii) Such examination shall include, as a minimum, a medical and
work history; a complete physical examination of all systems with
emphasis on the respiratory system, the cardiovascular system and
digestive tract; completion of the respiratory disease standardized
questionnaire in appendix D to this section, part 1; a 14- by 17-inch
or other reasonably-sized standard film or digital posterior-anterior
chest X-ray; pulmonary function tests to include forced vital capacity
(FVC) and forced expiratory volume at 1 second (FEV1); and
any additional tests deemed appropriate by the examining physician.
Classification of all chest X-rays shall be conducted in accordance
with appendix E to this section.
    (3) * * *
    (ii) The scope of the medical examination shall be in conformance
with the protocol established in paragraph (l)(2)(ii) of this section,
except that the frequency of chest X-rays shall be conducted in
accordance with Table 1 to this section, and the abbreviated
standardized questionnaire contained in part 2 of appendix D to this
section shall be administered to the employee.
    Table 1 to Sec.  1910.1001--Frequency of Chest X-ray
* * * * *
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Appendix E to Sec.  1910.1001--Classification of Chest X-Rays--
Mandatory

    (a) Chest X-rays shall be classified in accordance with the
Guidelines for the use of the ILO International Classification of
Radiographs of Pneumoconioses (revised edition 2011) (incorporated
by reference, see Sec.  1910.6), and recorded on a classification
form following the format of the CDC/NIOSH (M) 2.8 form. As a
minimum, the content within the bold lines of this form (items 1
through 4) shall be included. This form is not to be submitted to
NIOSH.
    (b) All X-rays shall be classified only by a B-Reader, a board
eligible/certified radiologist, or an experienced physician with
known expertise in pneumoconioses.
    (c) Whenever classifying chest X-ray film, the physician shall
have immediately available for reference a complete set of the ILO
standard format radiographs provided for use with the Guidelines for
the use of the ILO International Classification of Radiographs of
Pneumoconioses (revised edition 2011).
    (d) Whenever classifying digitally-acquired chest X-rays, the
physician shall have immediately available for reference a complete
set of ILO standard digital chest radiographic images provided for
use with the Guidelines for the Use of the ILO International
Classification of Radiographs of Pneumoconioses (revised edition
2011). Classification of digitally-acquired chest X-rays shall be
based on the viewing of images displayed as electronic copies and
shall not be based on the viewing of hard copy printed
transparencies of images.
* * * * *

Appendix H to Sec.  1910.1001--Medical Surveillance Guidelines for
Asbestos Non-Mandatory

* * * * *

III. Signs and Symptoms of Exposure-Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer
induced by exposure to asbestos are not unique, except that a chest
X-ray of an exposed patient with lung cancer may show pleural
plaques, pleural calcification, or pleural fibrosis, and may also
show asbestosis (i.e., small irregular parenchymal opacities).
Symptoms characteristic of mesothelioma include shortness of breath,
pain in the chest or abdominal pain. Mesothelioma has a much longer
average latency period compared with lung cancer (40 years versus
15-20 years), and mesothelioma is therefore more likely to

be found among workers who were first exposed to asbestos at an
early age. Mesothelioma is a fatal disease.
    Asbestosis is pulmonary fibrosis caused by the accumulation of
asbestos fibers in the lungs. Symptoms include shortness of breath,
coughing, fatigue, and vague feelings of sickness. When the fibrosis
worsens, shortness of breath occurs even at rest. The diagnosis of
asbestosis is most commonly based on a history of exposure to
asbestos, the presence of characteristic radiologic abnormalities,
end-inspiratory crackles (rales), and other clinical features of
fibrosing lung disease. Pleural plaques and thickening may be
observed on chest X-rays. Asbestosis is often a progressive disease
even in the absence of continued exposure, although this appears to
be a highly individualized characteristic. In severe cases, death
may be caused by respiratory or cardiac failure.

IV. Surveillance and Preventive Considerations

    As noted in section III of this appendix, exposure to asbestos
has been linked to an increased risk of lung cancer, mesothelioma,
gastrointestinal cancer, and asbestosis among occupationally exposed
workers. Adequate screening tests to determine an employee's
potential for developing serious chronic diseases, such as cancer,
from exposure to asbestos do not presently exist. However, some
tests, particularly chest X-rays and pulmonary function tests, may
indicate that an employee has been overexposed to asbestos
increasing his or her risk of developing exposure-related chronic
diseases. It is important for the physician to become familiar with
the operating conditions in which occupational exposure to asbestos
is likely to occur. This is particularly important in evaluating
medical and work histories and in conducting physical examinations.
When an active employee has been identified as having been
overexposed to asbestos, measures taken by the employer to eliminate
or mitigate further exposure should also lower the risk of serious
long-term consequences.
    The employer is required to institute a medical surveillance
program for all employees who are or will be exposed to asbestos at
or above the permissible exposure limit (0.1 fiber per cubic
centimeter of air). All examinations and procedures must be
performed by or under the supervision of a licensed physician, at a
reasonable time and place, and at no cost to the employee.
    Although broad latitude is given to the physician in prescribing
specific tests to be included in the medical surveillance program,
OSHA requires inclusion of the following elements in the routine
examination:
    (i) Medical and work histories with special emphasis directed to
symptoms of the respiratory system, cardiovascular system, and
digestive tract.
    (ii) Completion of the respiratory disease questionnaire
contained in appendix D of this section.
    (iii) A physical examination including a chest X-ray and
pulmonary function test that includes measurement of the employee's
forced vital capacity (FVC) and forced expiratory volume at one
second (FEV1).
    (iv) Any laboratory or other test that the examining physician
deems by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available
at least annually to those employees covered; more often than
specified if recommended by the examining physician; and upon
termination of employment.
    The employer is required to provide the physician with the
following information: A copy of the standard in this section
(including all appendices to this section); a description of the
employee's duties as they relate to asbestos exposure; the
employee's representative level of exposure to asbestos; a
description of any personal protective and respiratory equipment
used; and information from previous medical examinations of the
affected employee that is not otherwise available to the physician.
Making this information available to the physician will aid in the
evaluation of the employee's health in relation to assigned duties
and fitness to wear personal protective equipment, if required.
    The employer is required to obtain a written opinion from the
examining physician containing the results of the medical
examination; the physician's opinion as to whether the employee has
any detected medical conditions that would place the employee at an
increased risk of exposure-related disease; any recommended
limitations on the employee or on the use of personal protective
equipment; and a statement that the employee has been informed by
the physician of the results of the medical examination and of any
medical conditions related to asbestos exposure that require further
explanation or treatment. This written opinion must not reveal
specific findings or diagnoses unrelated to exposure to asbestos,
and a copy of the opinion must be provided to the affected employee.
* * * * *

0
7. Amend Sec.  1910.1018 by revising paragraphs (n)(2)(ii)(A) and
(n)(3)(i) and (ii), appendix A, section VI, and appendix C, section I,
to read as follows:

Sec.  1910.1018  Inorganic arsenic.

* * * * *
    (n) * * *
    (2) * * *
    (ii) * * *
    (A) A standard film or digital posterior-anterior chest X-ray;
* * * * *
    (3) * * *
    (i) Examinations must be provided in accordance with paragraphs
(n)(2)(i) and (n)(2)(ii)(B) and (C) of this section at least annually.
    (ii) Whenever a covered employee has not taken the examinations
specified in paragraphs (n)(2)(i) and (n)(2)(ii)(B) and (C) of this
section within six (6) months preceding the termination of employment,
the employer shall provide such examinations to the employee upon
termination of employment.
* * * * *

Appendix A to Sec.  1910.1018--Inorganic Arsenic Substance Information
Sheet

* * * * *

VI. Medical Examinations

    If your exposure to arsenic is over the Action Level (5 [mu]g/
m3)--(including all persons working in regulated areas) at least 30
days per year, or you have been exposed to arsenic for more than 10
years over the Action Level, your employer is required to provide
you with a medical examination. The examination shall be every 6
months for employees over 45 years old or with more than 10 years
exposure over the Action Level and annually for other covered
employees. The medical examination must include a medical history; a
chest X-ray (during initial examination only); skin examination and
a nasal examination. The examining physician will provide a written
opinion to your employer containing the results of the medical
exams. You should also receive a copy of this opinion. The physician
must not tell your employer any conditions he detects unrelated to
occupational exposure to arsenic but must tell you those conditions.
* * * * *

Appendix C to Sec.  1910.1018--Medical Surveillance Guidelines

I. General

    Medical examinations are to be provided for all employees
exposed to levels of inorganic arsenic above the action level (5
[mu]g/m3) for at least 30 days per year (which would include among
others, all employees, who work in regulated areas). Examinations
are also to be provided to all employees who have had 10 years or
more exposure above the action level for more than 30 days per year
while working for the present or predecessor employer though they
may no longer be exposed above the level.
    An initial medical examination is to be provided to all such
employees by December 1, 1978. In addition, an initial medical
examination is to be provided to all employees who are first
assigned to areas in which worker exposure will probably exceed 5
[mu]g/m3 (after August 1, 1978) at the time of initial assignment.
In addition to its immediate diagnostic usefulness, the initial
examination will provide a baseline for comparing future test
results. The initial examination must include as a minimum the
following elements:
    (1) A work and medical history, including a smoking history, and
presence and degree of respiratory symptoms such as breathlessness,
cough, sputum production, and wheezing;
    (2) A 14'' by 17'' or other reasonably-sized standard film or
digital posterior-anterior chest X-ray;
    (3) A nasal and skin examination; and
    (4) Other examinations which the physician believes appropriate
because of the employee's exposure to inorganic arsenic or because
of required respirator use.

    Periodic examinations are also to be provided to the employees
listed in the first paragraph of this section. The periodic
examinations shall be given annually for those covered employees 45
years of age or less with fewer than 10 years employment in areas
where employee exposure exceeds the action level (5 [mu]g/m\3\).
Periodic examinations need not include sputum cytology or chest X-
ray and only an updated medical history is required.
    Periodic examinations for other covered employees shall be
provided every six (6) months. These examinations shall include all
tests required in the initial examination, except the chest X-ray,
and the medical history need only be updated.
    The examination contents are minimum requirements. Additional
tests such as lateral and oblique X-rays or pulmonary function tests
may be useful. For workers exposed to three arsenicals which are
associated with lymphatic cancer, copper acetoarsenite, potassium
arsenite, or sodium arsenite the examination should also include
palpation of superficial lymph nodes and complete blood count.
* * * * *

0
8. Amend Sec.  1910.1027 by revising paragraph (l)(4)(ii)(C) and
appendix D to read as follows:

Sec.  1910.1027  Cadmium.

* * * * *
    (l) * * *
    (4) * * *
    (ii) * * *
    (C) A 14 inch by 17 inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray (after the initial X-ray, the
frequency of chest X-rays is to be determined by the examining
physician);
* * * * *
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* * * * *

0
9. Amend Sec.  1910.1029 by revising paragraphs (j)(2)(ii) and (j)(3),
appendix A, section VI, and appendix B, section II(A), to read as
follows:

Sec.  1910.1029  Coke oven emissions.

* * * * *
    (j) * * *
    (2) * * *
    (ii) A 14- by 17-inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray;
* * * * *
    (3) Periodic examinations. (i) The employer shall provide the
examinations specified in paragraphs (j)(2)(i) and (iii) through (vi)
of this section at least annually for employees covered under paragraph
(j)(1)(i) of this section.
    (ii) The employer must provide the examinations specified in
paragraphs (j)(2)(i) and (iii) through (vii) of this section at least
annually for employees 45 years of age or older or with five (5) or
more years employment in the regulated area.
    (iii) Whenever an employee who is 45 years of age or older or with
five (5) or more years employment in a regulated area transfers or is
transferred from employment in a regulated area, the employer must
continue to provide the examinations specified in paragraphs (j)(2)(i)
and (iii) through (vii) of this section at least annually as long as
that employee is employed by the same employer or a successor employer.
* * * * *

Appendix A to Sec.  1910.1029--Coke Oven Emissions Substance
Information Sheet

* * * * *

VI. Medical Examinations

    If you work in a regulated area at least 30 days per year, your
employer is required to provide you with a medical examination every
year. The initial medical examination must include a medical
history, a chest X-ray, pulmonary function test, weight comparison,
skin examination, a urinalysis, and a urine cytology exam for early
detection of urinary cancer. Periodic examinations shall include all
tests required in the initial examination, except that (1) the x-ray
is to be performed during initial examination only and (2) the urine
cytologic test is to be performed only on those employees who are 45
years or older or who have worked for 5 or more years in the
regulated area. The examining physician will provide a written
opinion to your employer containing the results of the medical
exams. You should also receive a copy of this opinion.
* * * * *

Appendix B to Sec.  1910.1029--Industrial Hygiene and Medical
Surveillance Guidelines

* * * * *

II. Medical Surveillance Guidelines

    A. General. The minimum requirements for the medical examination
for coke oven workers are given in the standard in paragraph (j) of
this section. The initial examination is to be provided to all coke
oven workers who work at least 30 days in the regulated area. The
examination includes a 14'' by 17'' or other reasonably-sized
standard film or digital posterior-anterior chest X-ray reading,
pulmonary function tests (FVC and FEV1), weight,
urinalysis, skin examination, and a urinary cytologic examination.
These tests are needed to serve as the baseline for comparing the
employee's future test results. Periodic exams include all the
elements of the initial exams, except that (1) the x-ray is to be
performed during initial examination only and (2) the urine
cytologic test is to be performed only on those employees who are 45
years or older or who have worked for 5 or more years in the
regulated area. The examination contents are minimum requirements;
additional tests such as lateral and oblique X-rays or additional
pulmonary function tests may be performed if deemed necessary.
* * * * *

0
10. Amend Sec.  1910.1043 by:
0
a. Revising paragraphs (h)(2)(iii), (h)(3)(ii), and (n)(1) and
appendices B-I, B-II, and B-III; and
0
b. Removing and reserving appendix C; and
0
c. Revising appendix D.
    The revisions read as follows:

Sec.  1910.1043   Cotton dust.

* * * * *
    (h) * * *
    (2) * * *
    (iii) A pulmonary function measurement, including forced vital
capacity (FVC) and forced expiratory volume in one second
(FEV1), and determination of the FEV1/FVC ratio
shall be made. FVC, FEV1, and FEV1/FVC ratio
values shall be compared to appropriate race/ethnicity-specific Lower
Limit of Normal (LLN) values and predicted values published in
Spirometric Reference Values from a Sample of the General U.S.
Population, American Journal of Respiratory and Critical Care Medicine,
159(1): 179-187, January 1999 (commonly known as the NHANES III
reference data set) (incorporated by reference, see Sec.  1910.6). To
obtain reference values for Asian-Americans, Spirometric Reference
Values FEV1 and FVC predicted and LLN values for Caucasians
shall be multiplied by 0.88 to adjust for ethnic differences. These
determinations shall be made for each employee before the employee
enters the workplace on the first day of the work week, preceded by at
least 35 hours of no exposure to cotton dust. The tests shall be
repeated during the shift, no less than 4 and no more than 10 hours
after the beginning of the work shift; and, in any event, no more than
one hour after cessation of exposure. Such exposure shall be typical of
the employee's usual workplace exposure.
* * * * *
    (3) * * *

    (ii) Medical surveillance as required in paragraph (h)(3)(i) of
this section shall be provided every six months for all employees in
the following categories:
    (A) An FEV1 greater than the LLN, but with an
FEV1 decrement of 5 percent or 200 ml. on a first working
day;
    (B) An FEV1 of less than the LLN; or
    (C) Where, in the opinion of the physician, any significant change
in questionnaire findings, pulmonary function results, or other
diagnostic tests have occurred.
* * * * *
    (n) * * *
    (1) Appendices B and D of this section are incorporated as part of
this section and the contents of these appendices are mandatory.
* * * * *
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Appendix C to Sec.  1910.1043 [Reserved]

Appendix D to Sec.  1910.1043--Pulmonary Function Standards for Cotton
Dust Standard

    The spirometric measurements of pulmonary function shall conform
to the following minimum standards, and these standards are not
intended to preclude additional testing or alternate methods which
can be determined to be superior.

I. Apparatus

    a. The instrument shall be accurate to within 50
milliliters or within 3 percent of reading, whichever is
greater.
    b. 1. Instruments purchased on or before May 14, 2020 should be
capable of measuring vital capacity from 0 to 7 liters BTPS
    2. Instruments purchased after May 14, 2020 should be capable of
measuring vital capacity from 0 to 8 liters BTPS.
    c. The instrument shall have a low inertia and offer low
resistance to airflow such that the resistance to airflow at 12
liters per second must be less than 1.5 cm H2 O/(liter/
sec).
    d. The zero time point for the purpose of timing the
FEV1 shall be determined by extrapolating the steepest
portion of the volume time curve back to the maximal inspiration
volume (1, 2, 3, 4) or by an equivalent method.
    e. 1. Instruments purchased on or before May 14, 2020 that
incorporate measurements of airflow to determine volume shall
conform to the same volume accuracy stated in paragraph (a) of this
section I when presented with flow rates from at least 0 to 12
liters per second.
    2. Instruments purchased after May 14, 2020 that incorporate
measurements of airflow to determine volume shall conform to the
same volume accuracy stated in paragraph (a) of this section I when
presented with flow rates from at least 0 to 14 liters per second.
    f. The instrument or user of the instrument must have a means of
correcting volumes to body temperature saturated with water vapor
(BTPS) under conditions of varying ambient spirometer temperatures
and barometric pressures.
    g. 1. Instruments purchased on or before May 14, 2020 shall
provide a tracing or display of either flow versus volume or volume
versus time during the entire forced expiration. A tracing or
display is necessary to determine whether the patient has performed
the test properly. The tracing must be stored and available for
recall and must be of sufficient size that hand measurements may be
made within the volume accuracy requirements of paragraph (a) of
this section I. If a paper record is made it must have a paper speed
of at least 2 cm/sec and a volume sensitivity of at least 10.0 mm of
chart per liter of volume.
    2. Instruments purchased after May 14, 2020 shall provide during
testing a paper tracing or real-time display of flow versus volume
and volume versus time for the entire forced expiration. Such a
tracing or display is necessary to determine whether the worker has
performed the test properly. Flow-volume and volume-time curves must
be stored and available for recall. Real-time displays shall have a
volume scale of at least 5 mm/L, a time scale of at least 10 mm/s,
and a flow scale of at least 2.5 mm/L/s, when both flow-volume and
volume-time displays are visible. If hand measurements will be made,
paper tracings must be of sufficient size to allow those
measurements to be made within the volume accuracy requirements of
paragraph (a) of this section I. If a paper record is made it must
have a paper speed of at least 2 cm/sec and a volume sensitivity of
at least 10.0 mm of chart per liter of volume.
    h. 1. Instruments purchased on or before May 14, 2020 shall be
capable of accumulating volume for a minimum of 10 seconds and shall
not stop accumulating volume before (i) the volume change for a 0.5-
second interval is less than 25 milliliters, or (ii) the flow is
less than 50 milliliters per second for a 0.5 second interval.
    2. Instruments purchased after May 14, 2020 shall be capable of
accumulating volume for a minimum of 15 seconds and shall not stop
accumulating volume before the volume change for a 1-second interval
is less than 25 milliliters.
    i. The forced vital capacity (FVC) and forced expiratory volume
in 1 second (FEV1) measurements shall comply with the
accuracy requirements stated in paragraph (a) of this section. That
is, they should be accurately measured to within 50 ml
or within 3 percent of reading, whichever is greater.
    j. 1. Instruments purchased on or before May 14, 2020 must be
capable of being calibrated in the field with respect to the
FEV1 and FVC. This calibration of the FEV1 and
FVC may be either directly or indirectly through volume and time
base measurements. The volume calibration source should provide a
volume displacement of at least 2 liters and should be accurate to
within + or-30 milliliters.
    2. Instruments purchased after May 14, 2020 must be capable of
having its calibration checked in the field and be recalibrated, if
necessary, if the spirometer requires the technician to do so. The
volume-calibration syringe shall provide a volume displacement of at
least 3 liters and shall be accurate to within  0.5
percent of 3 liters (15 milliliters).

II. Technique for Measurement of Forced Vital Capacity Maneuver

    a. Use of a nose clip is recommended but not required. The
procedures shall be explained in simple terms to the worker who
shall be instructed to loosen any tight clothing and stand in front
of the apparatus. The worker may sit, but care should be taken on
repeat testing that the same position be used and, if possible, the
same spirometer. Particular attention shall be given to ensure that
the chin is slightly elevated with the neck slightly extended. The
worker shall be instructed to make a full inspiration from a normal
breathing pattern and then blow into the apparatus, without
interruption, as hard, fast, and completely as possible. At least
three and no more than eight forced expirations shall be carried
out. During the maneuvers, the worker shall be observed for
compliance with instruction. The expirations shall be checked
visually for technical acceptability and repeatability from flow-
volume or volume-time tracings or displays. The following efforts
shall be judged technically unacceptable when the worker:

    1. Has not reached full inspiration preceding the forced
expiration,
    2. Has not used maximal effort during the entire forced
expiration,
    3. Has not tried to exhale continuously for at least 6 seconds
and the volume-time curve shows no change in volume (<0.025 L) for
at least one second,
    4. Has coughed in the first second or closed the glottis,
    5. Has an obstructed mouthpiece or a leak around the mouthpiece
(obstruction due to tongue being placed in front of mouthpiece,
false teeth falling in front of mouthpiece, etc.),
    6. Has an unsatisfactory start of expiration, one characterized
by excessive hesitation (or false starts), and, therefore, not
allowing back extrapolation of time 0 (extrapolated volume on the
volume-time tracing must be less than 150 milliliters or 5 percent
of the FVC, whichever is greater.), and
    7. Has an excessive variability between the acceptable curves.
The difference between the two largest FVCs from the satisfactory
tracings shall not exceed 150 milliliters and the difference between
the two largest FEV1s of the satisfactory tracings shall
not exceed 150 milliliters.
    b. Calibration checks of the volume accuracy of the instrument
for recording FVC and FEV1 shall be performed daily or
more frequently if specified by the spirometer manufacturer, using a
3-liter syringe. Calibration checks to ensure that the spirometer is
recording 3 liters of injected air to within 3.5
percent, or 2.90 to 3.10 liters, shall be conducted. Calibration
checks of flow-type spirometers shall include injection of 3 liters
air over a range of speeds, with injection times of 0.5 second, 3
seconds, and 6 or more seconds. Checks of volume-type spirometers
shall include a single calibration check and a check to verify that
the spirometer is not leaking more than 30 milliliters/minute air.

III. Interpretation of Spirogram

    a. The first step in evaluating a spirogram should be to
determine whether or not the worker has performed the test properly
or as described in section II of this appendix. From the three
satisfactory tracings, the forced vital capacity (FVC) and forced
expiratory volume in 1 second (FEV1) shall be measured
and recorded. The largest observed FVC and largest observed
FEV1 shall be used in the analysis regardless of the
curve(s) on which they occur.
    b. [Reserved]

IV. Qualifications of Personnel Administering the Test

    Technicians who perform pulmonary function testing should have
the basic knowledge required to produce meaningful results. Training
consisting of approximately 16 hours of formal instruction should
cover the following areas.
    a. Basic physiology of the forced vital-capacity maneuver and
the determinants of airflow limitation, with emphasis on the
relation to repeatability of results.
    b. Instrumentation requirements, including calibration check
procedures, sources of error, and their correction.
    c. Performance of the testing including worker coaching,
recognition of improperly performed maneuvers and corrective
actions.
    d. Data quality with emphasis on repeatability.
    e. Actual use of the equipment under supervised conditions.
    f. Measurement of tracings and calculations of results.

0
11. Revise paragraphs (n)(2)(iii) and (n)(3)(i) and (ii) of Sec.
1910.1045 to read as follows:

Sec.  1910.1045   Acrylonitrile.

* * * * *
    (n) * * *
    (2) * * *
    (iii) A 14- by 17-inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray; and
* * * * *
    (3) * * *
    (i) The employer shall provide the examinations specified in
paragraphs (n)(2)(i), (ii), and (iv) of this section at least annually
for all employees specified in paragraph (n)(1) of this section.
    (ii) If an employee has not had the examination specified in
paragraphs (n)(2)(i), (ii), and (iv) of this section within 6 months
preceding termination of employment, the employer shall make such
examination available to the employee prior to such termination.
* * * * *

0
12. Revise appendix D of Sec.  1910.1048 to read as follows:

Sec.  1910.1048   Formaldehyde.

* * * * *
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0
13. Revise appendix F of Sec.  1910.1051 to read as follows:

Sec.  1910.1051   1,3-Butadiene.

* * * * *

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0
14. Revise appendix B, section IV, of Sec.  1910.1052 to read as
follows:

Sec.  1910.1052  Methylene chloride.

* * * * *

Appendix B to Sec.  1910.1052--Medical Surveillance for Methylene
Chloride

* * * * *

IV. Surveillance and Preventive Considerations

    As discussed in sections II and III of this appendix, MC is
classified as a suspect or potential human carcinogen. It is a
central nervous system (CNS) depressant and a skin, eye and
respiratory tract irritant. At extremely high concentrations, MC has
caused liver damage in animals. MC principally affects the CNS,
where it acts as a narcotic. The observation of the symptoms
characteristic of CNS depression, along with a physical examination,
provides the best detection of early neurological disorders. Since
exposure to MC also increases the carboxyhemoglobin level in the
blood, ambient carbon monoxide levels would have an additive effect
on that carboxyhemoglobin level. Based on such information, a
periodic post-shift carboxyhemoglobin test as an index of the
presence of carbon monoxide in the blood is recommended, but not
required, for medical surveillance.
    Based on the animal evidence and three epidemiologic studies
previously mentioned, OSHA concludes that MC is a suspect human
carcinogen. The medical surveillance program is designed to observe
exposed workers on a regular basis. While the medical surveillance
program cannot detect MC-induced cancer at a preneoplastic stage,
OSHA anticipates that, as in the past, early detection and
treatments of cancers leading to enhanced survival rates will
continue to evolve.

A. Medical and Occupational History

    The medical and occupational work history plays an important
role in the initial evaluation of workers exposed to MC. It is
therefore extremely important for the examining physician or other
licensed health care professional to evaluate the MC-exposed worker
carefully and completely and to focus the examination on MC's
potentially associated health hazards. The medical evaluation must
include an annual detailed work and medical history with special
emphasis on cardiac history and neurological symptoms.
    An important goal of the medical history is to elicit
information from the worker regarding potential signs or symptoms
associated with increased levels of carboxyhemoglobin due to the
presence of carbon monoxide in the blood. Physicians or other
licensed health care professionals should ensure that the smoking
history of all MC exposed employees is known. Exposure to MC may
cause a significant increase in carboxyhemoglobin level in all
exposed persons. However, smokers as well as workers with anemia or
heart disease and those concurrently exposed to carbon monoxide are
at especially high risk of toxic effects because of an already
reduced oxygen carrying capacity of the blood.
    A comprehensive or interim medical and work history should also
include occurrence of headache, dizziness, fatigue, chest pain,
shortness of breath, pain in the limbs, and irritation of the skin
and eyes.
    In addition, it is important for the physician or other licensed
health care professional to become familiar with the operating
conditions in which exposure to MC is likely to occur. The physician
or other licensed health care professional also must become familiar
with the signs and symptoms that may indicate that a worker is
receiving otherwise unrecognized and exceptionally high exposure
levels of MC.
    An example of a medical and work history that would satisfy the
requirement for a comprehensive or interim work history is
represented by the following:
    The following is a list of recommended questions and issues for
the self-administered questionnaire for methylene chloride exposure.
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* * * * *

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

0
15. The authority citation for part 1915 continues to read as follows:

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.
    Sections 1915.120 and 1915.152 also issued under 29 CFR part
1911.

Subpart A--General Provisions

0
16. Amend Sec.  1915.5 by:
0
a. Revising paragraphs (b) and (c).
0
b. Redesignating paragraph (d) as follows:

------------------------------------------------------------------------
               Old paragraph                        New paragraph
------------------------------------------------------------------------
(d)(1)....................................  (d).
(d)(1)(i) through (xiii)..................  (d)(1) through (13).
(d)(1)(vi)(A) through (C).................  (d)(6)(i) through (iii).
(d)(1)(vii)(A) through (C)................  (d)(7)(i) through (iii).
(d)(1)(viii)(A) through (C)...............  (d)(8)(i) through (iii).
(d)(2)....................................  (e).
(d)(2)(i).................................  (e)(1).
(d)(3)....................................  (f).
(d)(3)(i).................................  (f)(1).
(d)(4)....................................  (i).
(d)(4)(i) through (xviii).................  (i)(1) though (18).
(d)(5)....................................  (g).
(d)(5)(i) and (ii)........................  (g)(1) and (2).
------------------------------------------------------------------------

0
c. In newly redesignated paragraph (d) introductory text, removing
``below in this paragraph'' and adding in its place ``in this paragraph
(d).''
0
d. Adding reserved paragraphs (e)(2) and (f)(2).
0
e. In newly redesignated paragraph (g) introductory text, removing
``below in this paragraph'' and adding in its place ``in this paragraph
(g).''
0
f. Adding paragraph (h).
    The revisions and additions read as follows:

Sec.  1915.5   Incorporation by reference.

* * * * *
    (b)(1) The standards listed in this section are incorporated by
reference into this part with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, OSHA
must publish a document in the Federal Register and the material must
be available to the public.
    (2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of
Labor, Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: 877-
889-5627).
    (c) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In
addition, the standards are available for inspection at any Regional
Office of the Occupational Safety and Health Administration (OSHA), or
at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3508, Washington, DC 20210; telephone:<PHONE_NUMBER>
(TTY number:<PHONE_NUMBER>). These standards are also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of these standards at NARA,
telephone:<PHONE_NUMBER>, or go to www.archives.gov/federalregister/cfr/ibr-locations.html.
* * * * *
    (h) The following material is available from the International
Labour Organization (ILO), 4 route des Morillons, CH-1211 Gen[egrave]ve
22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798
8685; website: www.ilo.org/.
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1915.1001.
    (2) [Reserved]
* * * * *

Subpart F--General Working Conditions

0
17. Revise paragraph (b)(33) of Sec.  1915.80 to read as follows:

Sec.  1915.80   Scope, application, definitions, and effective dates.

* * * * *
    (b) * * *
    (33) Vermin. Insects, birds, rodents and other animals that may
create safety and health hazards for employees.
* * * * *

Subpart Z--Toxic and Hazardous Substances

0
18. Amend Sec.  1915.1001 by revising paragraph (m)(2)(ii)(C) and
appendices D and E and I, sections III and IV, to read as follows:

Sec.  1915.1001   Asbestos.

* * * * *
    (m) * * *
    (2) * * *
    (ii) * * *
    (C) A physical examination directed to the pulmonary and
gastrointestinal systems, including a 14- by 17-inch or other
reasonably-sized standard film or digital posterior-anterior chest X-
ray to be administered at the discretion of the

physician, and pulmonary function tests of forced vital capacity (FVC)
and forced expiratory volume at one second (FEV1).
Classification of all chest X-rays shall be conducted in accordance
with appendix E to this section.
* * * * *
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Appendix E to Sec.  1915.1001--Classification of Chest X-Rays.
Mandatory

    (a) Chest X-rays shall be classified in accordance with the
Guidelines for the use of the ILO International Classification of
Radiographs of Pneumoconioses (revised edition 2011) (incorporated
by reference, see Sec.  1915.5), and recorded on a classification
form following the format of the CDC/NIOSH (M) 2.8 form. As a
minimum, the content within the bold lines of this form (items 1
through 4) shall be included. This form is not to be submitted to
NIOSH.
    (b) All X-rays shall be classified only by a B-Reader, a board
eligible/certified radiologist, or an experienced physician with
known expertise in pneumoconioses.
    (c) Whenever classifying chest X-ray film, the physician shall
have immediately available for reference a complete set of the ILO
standard format radiographs provided for use with the Guidelines for
the use of the ILO International Classification of Radiographs of
Pneumoconioses (revised edition 2011).
    (d) Whenever classifying digitally-acquired chest X-rays, the
physician shall have immediately available for reference a complete
set of ILO standard digital chest radiographic images provided for
use with the Guidelines for the Use of the ILO International
Classification of Radiographs of Pneumoconioses (revised edition
2011). Classification of digitally-acquired chest X-rays shall be
based on the viewing of images displayed as electronic copies and
shall not be based on the viewing of hard copy printed
transparencies of images.
* * * * *

Appendix I to Sec.  1915.1001--Medical Surveillance Guidelines for
Asbestos, Non-Mandatory

* * * * *

III. Signs and Symptoms of Exposure-Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer
induced by exposure to asbestos are not unique, except that a chest
X-ray of an exposed patient with lung cancer may show pleural
plaques, pleural calcification, or pleural fibrosis, and may also
show asbestosis (i.e., small irregular parenchymal opacities).
Symptoms characteristic of mesothelioma include shortness of breath,
pain in the chest or abdominal pain. Mesothelioma has a much longer
average latency period compared with lung cancer (40 years versus
15-20 years), and mesothelioma is therefore more likely to be found
among workers who were first exposed to asbestos at an early age.
Mesothelioma is a fatal disease.
    Asbestosis is pulmonary fibrosis caused by the accumulation of
asbestos fibers in the lungs. Symptoms include shortness of breath,
coughing, fatigue, and vague feelings of

sickness. When the fibrosis worsens, shortness of breath occurs even
at rest. The diagnosis of asbestosis is most commonly based on a
history of exposure to asbestos, the presence of characteristic
radiologic abnormalities, end-inspiratory crackles (rales), and
other clinical features of fibrosing lung disease. Pleural plaques
and thickening may be observed on chest X-rays. Asbestosis is often
a progressive disease even in the absence of continued exposure,
although this appears to be a highly individualized characteristic.
In severe cases, death may be caused by respiratory or cardiac
failure.

IV. Surveillance and Preventive Considerations

    As noted in section III of this appendix, exposure to asbestos
have been linked to an increased risk of lung cancer, mesothelioma,
gastrointestinal cancer, and asbestosis among occupationally exposed
workers. Adequate screening tests to determine an employee's
potential for developing serious chronic diseases, such as a cancer,
from exposure to asbestos do not presently exist. However, some
tests, particularly chest X-rays and pulmonary function tests, may
indicate that an employee has been overexposed to asbestos
increasing his or her risk of developing exposure related chronic
diseases. It is important for the physician to become familiar with
the operating conditions in which occupational exposure to asbestos
is likely to occur. This is particularly important in evaluating
medical and work histories and in conducting physical examinations.
When an active employee has been identified as having been
overexposed to asbestos measures taken by the employer to eliminate
or mitigate further exposure should also lower the risk of serious
long-term consequences.
    The employer is required to institute a medical surveillance
program for all employees who are or will be exposed to asbestos at
or above the permissible exposure limits (0.1 fiber per cubic
centimeter of air) for 30 or more days per year and for all
employees who are assigned to wear a negative-pressure respirator.
All examinations and procedures must be performed by or under the
supervision of licensed physician at a reasonable time and place,
and at no cost to the employee.
    Although broad latitude is given to the physician in prescribing
specific tests to be included in the medical surveillance program,
OSHA requires inclusion of the following elements in the routine
examination,
    (i) Medical and work histories with special emphasis directed to
symptoms of the respiratory system, cardiovascular system, and
digestive tract.
    (ii) Completion of the respiratory disease questionnaire
contained in appendix D to this section.
    (iii) A physical examination including a chest X-ray and
pulmonary function test that includes measurement of the employee's
forced vital capacity (FVC) and forced expiratory volume at one
second (FEV1).
    (iv) Any laboratory or other test that the examining physician
deems by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available
at least annually to those employees covered; more often than
specified if recommended by the examining physician; and upon
termination of employment.
    The employer is required to provide the physician with the
following information: A copy of the standard in this section
(including all appendices to this section); a description of the
employee's duties as they relate to asbestos exposure; the
employee's representative level of exposure to asbestos; a
description of any personal protective and respiratory equipment
used; and information from previous medical examinations of the
affected employee that is not otherwise available to the physician.
Making this information available to the physician will aid in the
evaluation of the employee's health in relation to assigned duties
and fitness to wear personal protective equipment, if required.
    The employer is required to obtain a written opinion from the
examining physician containing the results of the medical
examination; the physician's opinion as to whether the employee has
any detected medical conditions that would place the employee at an
increased risk of exposure-related disease; any recommended
limitations on the employee or on the use of personal protective
equipment; and a statement that the employee has been informed by
the physician of the results of the medical examination and of any
medical conditions related to asbestos exposure that require further
explanation or treatment. This written opinion must not reveal
specific findings or diagnoses unrelated to exposure to asbestos,
and a copy of the opinion must be provided to the affected employee.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart A--General

0
19. The authority citation for part 1926, subpart A, continues to read
as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912),
as applicable; and 29 CFR part 1911.

0
20. Amend Sec.  1926.6 by:
0
a. Revising paragraphs (a) through (c).
0
b. Redesignating paragraphs (g) through (ff) as follows:

------------------------------------------------------------------------
              Old paragraphs                       New paragraphs
------------------------------------------------------------------------
(g) and (h)...............................  (d) and (e).
(j).......................................  (g).
(k).......................................  (i).
(l).......................................  (h).
(m) through (p)...........................  (j) through (m).
(u) through (w)...........................  (n) through (p).
(x) and (y)...............................  (r) and (s).
(aa)......................................  (t).
(dd) and (ee).............................  (u) and (v).
(ff)......................................  (f).
------------------------------------------------------------------------

0
c. Adding reserved paragraph (d)(2).
0
d. Revising newly redesignated paragraphs (f)(1) and (2) and removing
newly redesignated (f)(3) and (4).
0
e. Adding reserved paragraphs (i)(2), (l)(2), and (m)(2).
0
f. Revising newly designating paragraph (n).
0
g. Adding reserved paragraph (o)(2).
0
h. Adding paragraph (q).
0
i. Further redesignating newly redesignated paragraphs (r)(1) through
(3) as paragraphs (r)(4) through (6) and adding new paragraphs (r)(1)
through (3).
0
j. Revising newly redesignated paragraphs (t)(2) and (u).
0
k. Adding reserved paragraph (v)(2).
0
l. Removing reserved paragraphs (z), (bb), and (cc).
    The revisions and additions read as follows:

Sec.  1926.6  Incorporation by reference.

    (a) The standards of agencies of the U.S. Government, and
organizations which are not agencies of the U.S. Government which are
incorporated by reference in this part, have the same force and effect
as other standards in this part. Only the mandatory provisions (i.e.,
provisions containing the word ``shall'' or other mandatory language)
of standards incorporated by reference are adopted as standards under
the Occupational Safety and Health Act.
    (b) The standards listed in this section are incorporated by
reference into this part with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, OSHA
must publish a document in the Federal Register and the material must
be available to the public.
    (c) Copies of standards listed in this section and issued by
private standards organizations are available for purchase from the
issuing organizations at the addresses or through the other contact
information listed below for these private standards organizations. In