[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06526]
DEPARTMENT OF LABOR
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
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 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, 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 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 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.
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
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
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
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
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 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 (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 http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates 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
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov 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.
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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