TO: Dan Chenok, OMB Offfice of Information and Regulatory Affairs

FROM: Ruth McCully, Acting Information Technology Coordinator

SUBJECT: Terms of Clearance OMB 1218-0209

DATE: March 13, 1998

Attached is OSHA's policy for the nonresponders to the collection of the 1997 data to be conducted during FY 1998. Basically, first time establishments to the data collection will not be eligible for citation for simply not responding to the data collection. Only firms that were in the data collection previously would be eligible for citation if they did not respond to the collection of the 1997 data. Participation in a previous survey and non response to this survey are the determining factors.

These conditions will be included in written and telephone communications with the employer during the data collection process after the employer has not responded to the initial attempt to collect the data.