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  • Publication Date:
  • Publication Type:
  • Fed Register #:
  • Standard Number:
  • Title:
    On-Site Consultation Programs; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
  [Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
  [Pages 13792-13793]
  From the Federal Register Online via the Government Publishing Office []
  [FR Doc No: 2018-06526]
  Occupational Safety and Health Administration
  [Docket No. OSHA-2011-0125]
  On-Site Consultation Programs; 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 OMB approval of the information collection requirements 
  contained in the regulations addressing On-Site Consultation Programs.
  DATES: Comments must be submitted (postmarked, sent, or received) by 
  May 29, 2018.
      Electronically: You may submit comments and attachments 
  electronically at, 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, Docket No. OSHA-2011-0125, 
  Occupational Safety and Health Administration, U.S. Department of 
  Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
  Deliveries (hand, express mail, messenger, and courier service) are 
  accepted during the OSHA Docket Office's normal business hours, 10:00 
  a.m. to 3:00 p.m., ET.
      Instructions: All submissions must include the Agency name and the 
  OSHA docket number (OSHA-2011-0125) for the Information Collection 
  Request (ICR). All comments, including any personal information you 
  provide, are placed in the public docket without change, and may be 
  made available online at 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 or the OSHA Docket Office at 
  the address above. All documents in the docket (including this Federal 
  Register notice) are listed in the 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 Patrick 
  Showalter at (202) 693-2220 to obtain a copy of the ICR.
  FOR FURTHER INFORMATION CONTACT: Patrick Showalter, Director, Office of 
  Small Business Assistance, Directorate of Cooperative and State 
  Programs, OSHA, U.S. Department of Labor, telephone (202) 693-2220.
  I. Background
      The Department of Labor, as part of its continuing effort to reduce 
  paperwork and respondent (i.e., employer) burden, conducts a 
  preclearance process 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) (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 OSHA to 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).
      Section 7(c)(1) of the OSH Act authorizes the Secretary of Labor 
  (Secretary) to, ``with the consent of any State or political 
  subdivision thereof, accept and use the services, facilities, and 
  personnel of any agency of such State or subdivision with 
  reimbursement.'' Section 21(c) of the OSH Act authorizes the Secretary 
  to ``consult with and advise employers and employees . . . as to 
  effective means of preventing occupational illnesses and injuries.''
      Additionally, Section 21(d) of the OSH Act instructs the Secretary 
  to ``establish and support cooperative agreements with the States under 
  which employers subject to the Act may consult with State personnel 
  with respect to the application of occupational safety and health 
  requirements under the Act or under State plans approved under section 
  18 of the Act.'' This gives the Secretary authority to enter into 
  agreements with the States to provide On-Site Consultation services, 
  and establish rules under which employers may qualify for an inspection 
  exemption. To satisfy the intent of these and other sections of the OSH 
  Act, OSHA codified the terms that govern cooperative agreements between 
  OSHA and State governments whereby State agencies provide On-Site 
  Consultation services to private employers to assist them in complying 
  with the requirements of the OSH Act. The terms were codified as the 
  Consultation Program regulations (29 CFR part 1908).
      The On-Site Consultation Program regulations specify services to be 
  provided, and practices and procedures to be followed by the State On-
  Site Consultation Programs. Information collection requirements set 
  forth in the On-Site Consultation Program regulations are in two 
  categories: State Responsibilities and Employer Responsibilities. Eight 
  regulatory provisions require information

  collection activities by the State. The Federal government provides 90 
  percent of the funds for On-Site Consultation services delivered by the 
  States, which result in the information collection. Four requirements 
  apply to employers and specify conditions for receiving the free 
  consultation services.
  II. Special Issues for Comment
      OSHA has a particular interest in comments on the following issues:
       Whether the proposed information collection requirements 
  are necessary for the proper performance of the Agency's functions, 
  including whether the information is useful;
       The accuracy of OSHA'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 is requesting an extension of its current approval of the 
  collection of information requirements for the regulation. The Agency 
  is requesting an adjustment decrease of 497 burden hours (from 215,704 
  to 215,207 hours). While better burden hour and costs estimates for 
  completing documentation for the ``Safety and Health Program Assessment 
  Worksheet for Full Service Safety and Health'' increased the burden 
  hours, this was offset by the decrease in the number of On-Site 
  Consultation visits.
      In addition, the Agency requests OMB approval to update the Safety 
  and Health Program Assessment Worksheet, OSHA Form 33, to include minor 
      Type of Review: Extension of a currently approved collection.
      Title: On-Site Consultation Programs (29 CFR part 1908).
      OMB Control Number: 1218-0110.
      Affected Public: Business or other for-profits.
      Number of Respondents: 22,752 (52 State Consultation Programs and 
  22,700 Employers).
      Frequency: Initial, annual, quarterly, periodic.
      Average Time per Response: Varies.
      Estimated Number of Responses: 94,487.
      Estimated Total Burden Hours: 215,207.
      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, 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 (Docket No. OSHA-2011-0125) for the ICR. 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 that 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 Therefore, OSHA cautions commenters about 
  submitting personal information such as social security numbers and 
  dates of birth. Although all submissions are listed in the index, some information (e.g., copyrighted 
  material) is not publicly available to read or download through this 
  website. All submissions, including copyrighted material, are available 
  for inspection and copying at the OSHA Docket Office. Information on 
  using the website to submit comments and 
  access the docket is available at the website's ``User Tips'' link. 
  Contact the OSHA Docket Office for information about materials not 
  available through the website, 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 March 20, 2018.
  Loren Sweatt,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2018-06526 Filed 3-29-18; 8:45 am]
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