[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10938-10940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03638]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2023-0001]
PSM On-Site Consultation Agreements; in Use Without an OMB Number
and Seeks 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.
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SUMMARY: OSHA solicits public comments concerning the proposal of a new
collection subject to Office of Management and Budget's (OMB) approval
for the information collection requirements specified in the PSM On-
Site Consultation Agreements.
DATES: Comments must be submitted (postmarked, sent, or received) by
April 24, 2023.
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.
Docket: To read or download comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the docket are listed in the https://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 OSHA
docket number OSHA-2023-0001 for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made 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: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone (202) 693-2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of the 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) (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, the 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 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 effort in
obtaining information (29 U.S.C. 657).
Section 7(c)(1) of the Occupational Safety and Health Act (i.e.,
``the OSH Act'' or ``the Act'') authorizes the Secretary of Labor 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
Act authorizes the Secretary of Labor to ``consult with and advise
employers and workers . . . as to effective means of preventing
occupational illnesses and injuries.'' To satisfy the intent of these
and other sections of the Act, the Occupational Safety and Health
Administration (OSHA) codified the terms that govern cooperative
agreements between OSHA and State governments or U.S. Territories
whereby State agencies and U.S. Territories provide On-Site
Consultation services to private sector, small business employers to
assist them in complying with the requirements of the Act. The terms
were codified as the On-Site Consultation Program regulations (29 CFR
part 1908).
OSHA's Compliance Assistance Authorization Act of 1998 (CAAA)
amended Section 21 of the OSH Act by adding paragraph (d), authorizing
the Secretary of Labor to enter into agreements with the States and
U.S. Territories to provide On-Site Consultation services, and
established rules under which employers may qualify for an inspection
exemption. To achieve the intent of the CAAA, OSHA published a final
rule to amend 29 CFR part 1908. The rule became effective on December
26, 2000. The On-Site Consultation Program regulations specify services
to be provided, as well as practices and procedures to be followed by
the State On-Site Consultation programs. The Federal government
provides 90 percent of funds for On-Site 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 to
protect workers, 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 that OMB approves the new information collection
requirements contained in the PSM On-Site Consultation Agreements. The
agency is requesting that OMB approves 26,766 burden hours for this
collection.
OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
Type of Review: In Use Without an OMB Number.
Title: PSM On-Site Consultation Agreements.
OMB Control Number: 1218-0NEW.
Affected Public: Business or other for-profits.
Number of Respondents: 34.
Number of Responses: 6,841.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 26,766.
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); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at 202-693-1648; or (3) by hard copy. Please note: While
OSHA's Docket Office is continuing to accept and process submissions by
regular mail due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket 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 (OSHA-2023-0001). You may supplement
electronic submissions by uploading document files electronically. If
you wish to mail additional materials in reference to an electronic or
a 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.
Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
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 https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://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 at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, 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. 8-2020
(85 FR 58393).
Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-03638 Filed 2-21-23; 8:45 am]
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