[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22819]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0125]
On-Site Consultation Agreements; 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 the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the regulations
addressing On-Site Consultation Agreements.
DATES: Comments must be submitted (postmarked, sent, or received) by
December 20, 2021.
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
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket 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 through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350, (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2011-0125).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
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 the 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 (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 Agreement regulations (29 CFR part 1908).
The On-Site Consultation Agreement regulations specify services to
be provided, and practices and procedures to be followed by the State
On-Site Consultation Agreement Programs. Information collection
requirements set forth in the On-Site Consultation Agreement
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 the current approval of the
collection of information requirements for the regulation. The agency
is requesting an adjustment increase of 8,745 burden hours (from
214,750 to 223,495 hours). This increase is primarily due to adding
Puerto Rico Consultation to the OSHA 21(d) Program. Prior to 2018,
Puerto Rico Consultation had operated under OSHA State Plans, under the
governance of section 23(g) of the OSHA Act.
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 Agreements (29 CFR part 1908).
OMB Control Number: 1218-0110.
Affected Public: Business or other for-profits.
Number of Respondents: 22,896 (53 State Consultation Programs and
Frequency: Initial, annual, quarterly, periodic.
Average Time per Response: Varies.
Estimated Number of Responses: 94,838.
Estimated Total Burden Hours: 223,495.
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. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (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
James S. Frederick, Acting 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 3912).
Signed at Washington, DC, on October 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-22819 Filed 10-19-21; 8:45 am]
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