[Federal Register: February 21, 2008 (Volume 73, Number 35)][Notices] [Page 9594-9597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe08-104]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0090]
Voluntary Protection Program Application Information; Extension
of the Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
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SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements contained in
the Voluntary Protection Programs.
DATES: Comments must be submitted (postmarked, sent, or received) by
April 21, 2008.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0090, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0090). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
For further information on submitting comments see the "Public
Participation" heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Cathy Oliver at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Cathy Oliver, Director, Office of
Partnerships and Recognition, Directorate of Cooperative and State
Programs, OSHA, U.S. Department of Labor, Room N-3700, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-2213.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA 95) [44 U.S.C. 3506(c)(2)(A)]. This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657).
The Voluntary Protection Programs (VPP) [47 FR 29025], adopted by
OSHA, established the efficacy of cooperative action among government,
industry, and labor to address employee safety and health issues and to
expand employee protection. To qualify, employers must meet OSHA's
rigorous safety and health management criteria which focus on
comprehensive management systems and active employee involvement to
prevent or control worksite safety and health hazards. Employers who
qualify generally view OSHA standards as a minimum level of safety and
health performance, and set their own more stringent standards,
wherever necessary, to improve employee protection.
Prospective VPP worksites must submit an application that includes:
General applicant information (e.g., site, corporate, and
collective bargaining contact information).
Injury and illness rate performance information (i.e., number of
employees and/or applicable contractors on-site, type of work
performed and products produced, North American Industry
Classification System, and Recordable Injury and Illness Case
Incidence Rate information).
Safety and health management system information (i.e.,
description of the applicant's safety and health management system
including how the system successfully addresses management
leadership and employee involvement, worksite analysis, hazard
prevention and control, and safety and health training).
OSHA uses this information to determine whether an applicant is
ready for a VPP on-site evaluation and as a verification tool during
VPP on-site evaluations. Without this information, OSHA would be unable
to determine which sites are ready for VPP status.
Each current VPP applicant is also required to submit an annual
evaluation which addresses how that applicant is continuing its
adherence to programmatic requirements.
In 2008 OSHA modified procedures for VPP applicants, OSHA on-site
evaluation, and annual participant self-evaluation for applicants/
participants subject to OSHA's Process Safety Management (PSM)
Standard. Applicants that perform work that uses or produces highly
hazardous chemicals exceeding specified limits covered under the (PSM)
standard must submit responses to the PSM application supplement along
with their VPP application.
Once in the VPP, the participant is required to submit an annual
evaluation detailing its continued adherence to programmatic
requirements. Applicants covered under the PSM standard are required to
submit a PSM questionnaire, a supplemental document as part of their
annual submission. OSHA needs this information to ensure that the
participant remains qualified to participate in the VPP between onsite
evaluations. Without this information, OSHA would be unable to
determine whether applicants are maintaining excellent safety and
health management systems during this interim period.
The Occupational Safety and Health Administration (OSHA) decided to
continue the OSHA Challenge and VPP Corporate Pilot programs. These new
initiatives will expand VPP to promote the safety and health of
thousands of employees across the nation.
OSHA Challenge is designed to reach and guide employers and
companies in all major industry groups who are strongly committed to
improving their safety and health management systems and are interested
in pursuing recognition in VPP. OSHA Challenge provides participants a
guide or roadmap to improve performance and ultimately to achieve VPP
approval. OSHA Challenge outlines the requirements needed to develop
and implement effective safety and health management systems through
incremental steps. At each stage, certain actions, documentation and
outcomes are required in the areas covered by VPP criteria.
Participants receive recognition from OSHA at the completion of each
stage.
Each Challenge Pilot Administrator is required to submit to OSHA
electronically a Challenge Pilot Administrator's application package,
Administrator's Statement of Commitment, Challenge Pilot Administrator
Information Form, Challenge Pilot Administrator's Quarterly Report (if
there have been significant changes to any of its participants' sites),
Challenge Pilot Administrator's Annual Report (The Challenge Pilot
Administrator must prepare and submit the annual report electronically
to OSHA).
The VPP Corporate Pilot is designed to provide a more efficient
process for corporations to increase their level of participation in
VPP. The pilot concept is two-fold; the corporations submit an
application that describes corporate level policies and programs that
are uniformly applied at facilities across the corporation. A
comprehensive On-site Corporate Evaluation is conducted by OSHA to
verify the contents of the application. Once a corporation is accepted
in the VPP Corporate Pilot, all eligible corporate facilities will
apply for VPP participation using a more efficient streamlined
application and OSHA conducts a more streamlined on-site evaluation.
Corporations accepted in the VPP Corporate Pilot must submit an annual
safety and health report.
Employees of VPP participants may apply to participate in the
Special Government Employee (SGE) Program. The SGE Program was
established as a means to leverage OSHA's limited resources. Through
this program, employees of VPP participants are trained to take part as
team members during VPP on-site evaluations. In that capacity, Special
Government Employees may review company documents, assist with worksite
walkthroughs, interview employees, and assist in preparing VPP on-site
evaluation reports. Potential Special Government Employees must submit
a Special Government Employee's application that includes:
SGE Eligibility Information Sheet (i.e., applicant's name,
professional credentials, site/corporate contact information, etc.).
Current Resume.
Confidential Financial Disclosure Report (OGE Form 450).
OSHA uses the SGE Eligibility Information Sheet to ensure that the
potential SGE works at a VPP site and meets the minimum eligibility
qualifications. The resume is required to provide a detailed
description of their current duties and responsibilities as they relate
to safety and health and the implementation of an effective safety and
health management system. The OGE Form 450 is used to ensure that SGEs
do not participate on on-site evaluations at VPP sites where they have
a financial interest.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the information collection requirements are
necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of the Agency's estimate of the burden (time
and costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA proposes to extend the Office of Management and Budget's (OMB)
Approval of the collection of information (paperwork) requirements
necessitated by the Voluntary Protection Programs. The Agency will
summarize the comments submitted in response to this notice, and will
include this summary in its request to OMB to extend the approval of
these information collection requirements.
Type of Review: Extension of currently approved collection.
Title: Voluntary Protection Programs Information.
OMB Number: 1218-0239.
Affected Public: Business or other for-profits; and individuals or
households.
Number of Respondents:
VPP
274 Applications
68 Process Safety Management Applications
1,300 Annual Evaluations
300 (PSM) Annual Evaluations/Supplemental Questionnaire
OSHA Challenge
17 Applications from Challenge Pilot Administrators
120 Applications from Challenge Pilot Candidates
120 Quarterly Reports
120 Annual Evaluations
VPP Corporate
7 Applications from VPP Corporations
120 Applications from VPP Corporate Facilities
7 Annual Reports
Special Government Employees
300 SGE Eligibility Information Sheets
300 Resumes
300 Confidential Financial Disclosure Forms (OGE-Form 450)
Total respondents: 2,985 total respondents.
Frequency: VPP applications, Challenge Pilot Administrator's
applications, Challenge Pilot Candidate applications, VPP Corporate
Pilot applications and VPP Corporate Pilot Facility VPP applications
are submitted once; Challenge Pilot Administrator's Quarterly Reports
are submitted quarterly (if there have been significant changes to any
of its participants' sites); VPP Annual Evaluations, Challenge Pilot
Administrator's Annual Report, and Corporate Safety and Health Reports
are submitted once per year; and Special Government Employee
applications are submitted once every three years.
Average Time Per Response:
VPP General
200 hours for VPP applications
20 hours for VPP evaluations
Process Safety Management
40 hours for applications
20 hours for evaluations
OSHA Challenge
5 hours for Challenge Pilot Administrator applications
10 hours for Challenge Pilot Candidate applications
5 hours for Challenge Pilot Candidate quarterly reports
20 hours for Challenge Pilot Candidate annual reports
VPP Corporate
120 hours for VPP Corporations applications
80 hours for VPP Corporate facility applications
40 hours for VPP Corporations annual reports
Special Government Employees (SGE)
30 minutes for SGE Eligibility Information Sheet
60 minutes for SGE Resume
Estimated Total Burden Hours:
VPP General
54,800 hours for VPP application
26,000 hours for VPP annual evaluations
Process Safety Management
2,720 hours for applications
6,000 hours for annual evaluations
OSHA Challenge
85 hours for Challenge Administrators' applications
1,200 hours for Challenge Pilot Candidates' applications
1,800 hours for Challenge Candidates' quarterly reports
2,400 hours for Challenge Candidates' annual reports
VPP Corporate
840 hours for Corporations' applications
9,600 hours for Corporate VPP facility applications
280 hours for Corporate facility annual reports
Special Government Employees (SGE)
150 hours for SGE Eligibility Information Sheet
300 hours for Resume
Total Burden Hours per year (3-year average): 106,175.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0090). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES The
additional materials must clearly identify your electronic comments by
your name, date, and the docket number so the Agency can attach them to
your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov.
Therefore, OSHA cautions commenters about submitting personal
information such as social security numbers and date of birth. Although
all submissions are listed in the http://www.regulations.gov
index, some information (e.g., copyrighted material) is not publicly
available to read or download through this Web site. All submissions,
including copyrighted material, are available for inspection and copying
at the OSHA Docket Office. Information on using the http://www.regulations.gov
Web site to submit comments and access the docket is available at the
Web site's "User Tips" link. Contact the OSHA Docket Office for information
about materials not available through the web site, and for assistance in
using the Internet to locate docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 3-2007 (67 FR
31159).
Signed at Washington, DC on February 14, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-3153 Filed 2-20-08; 8:45 am]
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