DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-97-47]

Agency Information Collection Activities; Proposed Collection; Comment Request; Procedures for Handling of Discrimination Complaints Under Federal Employee Protection Statutes (29 CFR 24)

ACTION: Notice.

SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). The program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and impact of collection requirements on respondents can be properly assessed. Currently, the Occupational Safety and Health Administration (OSHA) is soliciting comments concerning the proposed implementation of the information collection requirements contained in 29 CFR 24. The Agency is particularly interested in comments which:

• Evaluate whether the proposed collection of the Agency is necessary for the proper performance of the functions of the Agency, including whether the information will have particular utility;
• Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Enhance the quality, utility, and clarity of the information to be collected; and
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

DATES: Written comments are to be submitted on or before January 6, 1998.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket No. ICR-97-47, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202)219-7894. Written comments limited to 10 pages or less may also be transmitted by facsimile to (202)219-5046.

FOR FURTHER INFORMATION CONTACT: Rich Weitzman, Office of Investigative Assistance, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3468, 200 Constitution Avenue, NW., Washington, DC 20210, telephone: (202)219-8095. Copies of the referenced information collection request are available for inspection and copying in the Docket Office and will be mailed to persons who request copies by telephoning (202)219-7894, or Barbara Bielaski at (202)219-8076, ext. 142. For electronic copies of the Information Collection Request on the certification provisions of Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes, contact OSHA's Webpage on the Internet at http://www.osha.gov/ and click on "standards."

SUPPLEMENTARY INFORMATION:

I. Background

29 CFR 24 establishes procedures for the expeditious handling of complaints pursuant to the following statutes: Clean Air Act, 42 U.S.C. 7622; Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9610; Energy Reorganization Act of 1974, 42 U.S.C. 5851; Federal Water Pollution Control Act, 33 U.S.C. 1367; Safe Drinking Water Act, 42 U.S.C. 300j-9(I), Solid Waste Disposal Act, 42 U.S.C. 6971; and Toxic Substances Control Act, 15 U.S.C. 2622. These complaints are filed by employees, or persons acting on their behalf, of alleged discriminatory action by employers.

The employee records required are necessary to conduct discrimination investigations under 29 CFR 24. They are intended to gather evidence to establish whether or not an employee has suffered discrimination reprisal for engaging in activity protected under Section 322 of the Clean Air Act; Section 110 of the Comprehensive Environmental Response, Compensation, and Liability Act; Section 210 of the Energy Reorganization Act; Section 507 of the Federal Water Pollution Control Act; Section 1550(I) of the Safe Drinking Water Act; Section 7001 of the Solid Waste Disposal Act; and Section 23 of the toxic Substances Control Act.

II. Current Actions

This notice requests an extension of the current Office of Management and Budget (OMB) approval of the procedures for the handling of discrimination complaints under Federal employee protection statutes (currently approved under OMB Control No. 1215-0183.)

III. OSHA's Estimate of a Burden

OSHA estimates that there will be 200 complaints filed annually. On average, each complaint will require one hour to supply the documentation needed to conduct the investigation.

Type of Review: New.

Agency: U.S. Department of Labor, Occupational Safety and Health Administration.

Title: Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes.

OMB Number: 1218-Onew (formerly 1215-0183).

Agency Number: Docket Number ICR-97-47.

Affected public: All public and private sector employers.

Frequency: Not Applicable.

Number of Respondents: 100.

Average Time Per Response: 1 hour.

Estimated Total Annual Burden Hours: 200.

Total Annualized Capital/Startup Costs: $0.

Signed at Washington, DC, this 4th day of November 1997.

John B. Miles, Jr.,
Director, Directorate of Compliance Programs.

[FR Doc. 97-29487 Filed 11-6-97; 8:45 am)