[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73727-73728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20438]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0125]
Occupational Safety and Health On-Site Consultation Agreements;
Revision 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 the proposal to
revise the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Occupational
Safety and Health On-Site Consultation Agreements. This revision will
combine two separately approved data collections into one paperwork
package for the On-Site Consultation Program. The agency is proposing
to combine the Supporting Statement for Collection of Information, On-
Site Consultation Agreements, Safety and Health Program Assessment
Worksheet, OSHA Form 33, OMB Control Number 1218-0110, Expiration Date:
February 28, 2025); and Supporting Statement for the Collection of
Information Requirements in the PSM On-Site Consultation Agreements,
OMB Control Number 1218-0281, Expiration Date: July 31, 2026.
DATES: Comments must be submitted (postmarked, sent, or received) by
November 12, 2024.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at https://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 websites. 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-2011-0125) 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, 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 respondents' (i.e., employers and consultants) 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 from 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 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 (and
Territories) under which employers subject to the Act may consult with
State \1\ personnel (i.e., consultants) 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 a programmed inspection deferral. 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 On-Site Consultation Program
regulations (29 CFR part 1908).
---------------------------------------------------------------------------
\1\ Use of State within this document in regards to the On-Site
Consultation Agreements/Program refers to both State governments and
U.S. Territories.
---------------------------------------------------------------------------
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 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, and
transmission techniques.
III. Proposed Actions
OSHA is proposing that OMB revise the approval of the information
collection requirements contained in the Occupational Safety and Health
On-Site Consultation Agreements. The agency is requesting an adjustment
decrease and a program change to incorporate the collections from OMB
Control Number 1218-0281. The number of burden hours have decreased
from 223,495 to 195,692 hours, a difference of 27,759 hours. OSHA
attributes this to fewer visits being conducted in recent years,
including FY 2023. The reason for the fewer visits is likely flat
funding of the program and inflationary pressures due to cost-of-living
increases. Also, some Consultation programs are only now reestablishing
onsite visits to worksites that were inaccessible during restrictions
that resulted from the COVID-19 pandemic. Although there have been
burden hour increases associated with some activities (e.g., adding
activities associated with consultation visits involving the assessment
of worksites where Process Safety Management (PSM) evaluations are
conducted that were previously approved in OMB Control Number 1218-
0281, and OSHA's instructions to Consultation programs to use the
entire Form 33 on more consultation visits, to enhance consultation
services to small business employers), these burden hour increases have
been fewer than the decreased burden hours associated with fewer
visits.
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: Revision of a currently approved data collection.
Title: Occupational Safety and Health On-Site Consultation
Agreements.
OMB Control Number: 1218-0110.
Affected Public: Business or other for-profits.
Number of Respondents: 23,166.
Number of Responses: 76,585.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 195,736.
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 https://www.regulations.gov, which is the Federal
eRulemaking Portal; or (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. All comments, attachments, and
other material must identify the agency name and the OSHA docket number
for the ICR (OSHA-2011-0125). You may supplement electronic submission
by uploading document files electronically.
Comments and submissions are posted without change at https://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 submission, 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, on September 4, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-20438 Filed 9-10-24; 8:45 am]
BILLING CODE 4510-26-P
