[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18427]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0056]
Voluntary Protection Programs 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 comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in Voluntary Protection
DATES: Comments must be submitted (postmarked, sent, or received) by
October 30, 2017.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0056
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-3653, 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, 10:00 a.m. to 3:00 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2011-
0056). 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 Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: David Hamel, 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.
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 OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(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
safety and health management criterion, which focuses on comprehensive
management programs 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 onsite, type of work
performed and products produced, North American Industry Classification
System (NAICS) codes, and Recordable Injury and Illness Case Incidence
Safety and health management program information (i.e.,
description of the applicant's safety and health management programs
including how the programs successfully address 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 onsite evaluation and as a verification tool during VPP
onsite 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
self-evaluation which addresses how that applicant is continuing its
adherence to programmatic requirements.
In 2008, OSHA modified procedures for VPP applicants, OSHA onsite
evaluations, and annual participant self-evaluations for applicants/
participants subject to OSHA's Process Safety Management (PSM)
Standard. Applicants who 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
self-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 programs during this interim period.
In 2009, with the publication of the Federal Register Notice (FRN)
(74 FR 927, January 9, 2009), VPP revised its traditional focus on
individual fixed worksites (site-based) by adding two new ways to
participate: mobile workforce and corporate. A significant
reorganization of the program helped clarify the multiple participation
options now available.
Employees of VPP participants may apply to participate in the
Special Government Employee (SGE) Program. The SGE Program offers
private and public sector safety and health professionals and other
qualified participants the opportunity to exchange ideas, gain new
perspectives, and grow professionally while serving as full-fledged
team members on OSHA's VPP onsite evaluations and helping OSHA with
other VPP-related activities. In this capacity, SGEs may review company
documents, assist with worksite walkthroughs, interview employees,
assist in preparing VPP onsite evaluation reports, assist the Regional
VPP Manager with the review of a site's VPP application or annual self-
evaluation report, co-instruct the SGE course or VPP application
workshop, and mentor potential or current VPP sites. Potential SGEs
must submit an application that includes:
SGE Eligibility Information Sheet (i.e., applicant's name,
professional credentials, site/corporate contact information,
qualifying activities participation, etc.);
Confidential Financial Disclosure Report (OGE Form 450).
Optional Application for Federal Employment (OF 612).
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 program. The OGE Form 450 is used to ensure that SGEs
do not participate on onsite evaluations at VPP sites in which they
have a financial interest.
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 programs and possibly
pursuing recognition in the VPP. The Challenge Administrator's
application is used to: (1) Conduct a preliminary analysis of the
applicant's knowledge of safety and health management programs; and (2)
make a determination regarding the applicant's qualifications to become
a Challenge Administrator. Once a Challenge Administrator is approved,
the program's Administrator will review each Challenge candidate's
application/annual submissions to ensure that all necessary information
is provided, prior to forwarding them to OSHA's National Office for
analysis and acceptance.
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
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 OMB's approval of the collection of
information (paperwork) requirements necessitated by the Voluntary
Protection Programs. The Agency is requesting an adjustment decrease in
the burden hours from 134,475 hours to 90,863 hours; a total decrease
of 43,612 hours. The decrease is the result of the VPP Participation
Evaluation Report Site-Based Mobile Workforce Corporate in managing
participants is no longer needed. 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 a currently approved collection.
Title: Voluntary Protection Programs Information.
OMB Number: 1218-0239.
Affected Public: Business or other for-profits; individuals or
households; Federal government; state, local or tribal government.
Number of Respondents:
55 Process Safety Management Applications Questionnaire-A
1,406 Annual Self-Evaluations
55 (PSM) Annual Self-Evaluations/Supplemental Questionnaire B
3 Challenge Administrator's Applications
27 Challenge Participant's Applications
143 Challenge Annual Self-Evaluations
Special Government Employees
348 SGE Eligibility Information Sheets
1616 Confidential Financial Disclosure Forms (OGE-Form 450)
Total Respondents: 4,274.
Average Time per Response:
200 hours for VPP Applications
20 hours for VPP Annual Evaluations
Process Safety Management
40 hours for Applications
20 hours for Annual Evaluations
5 hours for Challenge Administrator's Applications
10 hours for Challenge Candidate Applications
20 hours for Challenge Annual Evaluations
Special Government Employees (SGE)
10 minutes (.17 hour) for SGE Eligibility Information Sheet
30 minutes (.50 hour) for SGE Resume
40 minutes for Optional Form 612
1 hour for Confidential Financial Disclosure Form
Estimated Total Burden Hours: 90,863.
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-2011-0056). 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
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
Loren Sweatt, Deputy 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. 1-2012 (77 FR
Signed at Washington, DC, on August 22, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-18427 Filed 8-29-17; 8:45 am]
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