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• Publication Date: 09/18/2008
• Publication Type: Proposed Rules
• Fed Register #: 73:54123-54125
• Standard Number: 1910; 1915; 1917; 1918; 1926
• Title: Clarification of Remedy for Violation of Requirements To Provide Personal Protective Equipment and Train Employees

[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Proposed Rules]               
[Page 54123-54125]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-28]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSHA-2008-0031]
RIN 1218-AC42

 
Clarification of Remedy for Violation of Requirements To Provide 
Personal Protective Equipment and Train Employees

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; notice of hearing.

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SUMMARY: OSHA is convening an informal public hearing to receive 
testimony and documentary evidence on the proposed rule for 
Clarification of Remedy for Violation of Requirements to Provide 
Personal Protective Equipment and Train Employees.

DATES: Informal public hearing. The Agency will hold the informal 
public hearing in Washington, DC, beginning October 6, 2008. The 
hearing will commence at 10 a.m. on the first day. If necessary, the 
hearing will continue on October 7, 2008, beginning at 9 a.m.
    Notice of intention to appear to provide testimony at the informal 
public hearing. Parties must notify OSHA in writing no later than 
September 26, 2008, of their intention to appear at the hearing to 
present testimony. OSHA is limiting each party's testimony to 10 
minutes. If parties need additional time, they must submit a written 
request with their notice of intention to appear stating how much time 
they seek, the topics they will cover during their testimony, and why 
they cannot cover the topics in the 10 minutes allotted.

ADDRESSES: Informal Public Hearing. The informal public hearing will be 
held in Washington, DC, Conference Room 6, Room C-5320 of the Frances 
Perkins Building, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC.
    Notices of intention to appear at the hearing. Submit notices of 
intention to appear at the informal public hearing and requests for 
additional time to testify, identified by the docket number (OSHA-2008-
0031) or the regulatory information number (RIN 1218-AC42), using any 
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting the material.
    Facsimile: Send submissions consisting of 10 or fewer pages to the 
OSHA Docket Office at (202) 693-1648. Hard copies of these documents 
are not required. Instead of transmitting facsimile copies of 
attachments that supplement these documents (e.g., studies, journal 
articles), submit these attachments, in triplicate hard copy, to the 
OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. 
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. 
These attachments must clearly identify the sender's name, date, 
subject, and docket number (i.e., OSHA-2008-0031) so that the Agency 
can attach them to the appropriate document.
    Regular mail, express delivery, hand delivery, and courier service: 
Send submissions (single copy only) to the OSHA Docket Office, Docket 
No. OSHA-2008-0031, Technical Data Center, Room N-2625, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
Note that security-related problems may result in significant delays in 
receiving submissions by regular mail. Please contact the OSHA Docket 
Office for information about security procedures concerning delivery of 
materials by express delivery, hand delivery, or courier service. The 
OSHA Docket Office and Department of Labor hours of operation are 
8:15 a.m. to 4:45 p.m., e.t.
    Instructions. Each submission must include the Agency name and the 
OSHA docket number (i.e., OSHA-2008-0031). All submissions, including 
any personal information, are placed in the public docket without 
revision, and will be available online at http://www.regulations.gov. 
Therefore, OSHA cautions members of the public against submitting 
information and statements that should remain private, including 
comments that contain personal information (either about themselves or 
others) such as social security numbers, birth dates, and medical data. 
For additional information on submitting notices of intention to 
appear, see the Public Participation-Comments and Hearings section in 
the SUPPLEMENTARY INFORMATION section below.
    Docket. To read or download comments, notices of intention to 
appear, and other material in the docket, go to http://www.regulations.gov 
or to the OSHA Docket Office at the address above. All 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 this Web site. All submissions, including 
copyrighted material, are available for inspection and copying at the 
OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries, contact Ms. Jennifer Ashley, Director, Office of 
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. For hearing information, contact Ms. Veneta Chatmon, Office of 
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. Electronic copies of this Federal Register notice, as well as 
news releases and other relevant documents, are available at OSHA's 
homepage at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: OSHA published the proposed rule for 
Clarification of Remedy for Violation of Requirements to Provide 
Personal Protective Equipment and Train Employees on August 19, 2008 
(73 FR 48335). The period for submitting written comments expires on 
September 18, 2008. During this comment period, a number of commentors 
(see, e.g., Exs. OSHA-2008-0031-006.1, -007.1, -009.1, -0011.1, -
0012.1) requested an informal public hearing. With this notice, OSHA is 
granting these requests.
    Public Participation--Comments and Hearings: OSHA encourages 
members of the public to participate in this rulemaking by providing 
oral testimony and documentary evidence at the informal public hearing. 
Accordingly, the Agency invites interested parties having knowledge of, 
or experience with, the issues raised in the proposal to participate in 
this process, and welcomes any pertinent data that will provide the 
Agency with the best available evidence to use in developing the final 
rule. This section describes the procedures the public must use to 
schedule an opportunity to deliver oral testimony and to provide 
documentary evidence at the informal public hearing.
    Hearing Arrangements. Pursuant to section 6(b)(3) of the 
Occupational Safety and Health Act (the Act; 29 U.S.C. 655), members of 
the public have an opportunity at the informal public hearing to 
provide oral testimony concerning the issues raised in the proposed 
rule. An administrative law judge (ALJ) will preside over the hearing, 
and will resolve any procedural matters related to the hearing on the 
first day.
    Purpose of the Hearing. The legislative history of Section 6 of the 
Act, as well as the Agency's regulation governing public hearings (29 
CFR 1911.15), establish the purpose and procedures of informal public 
hearings. Although the presiding officer of the hearing is an ALJ, and 
questions by interested parties are allowed on pertinent issues, the 
hearing is informal and legislative in purpose. Therefore, the hearing 
provides interested parties with an opportunity to make effective and 
expeditious oral presentations in the absence of procedural restraints 
that could impede or protract the rulemaking process. The hearing is 
not an adjudicative proceeding subject to the technical rules of 
evidence. Instead, it is an informal administrative proceeding convened 
for the purpose of gathering and clarifying information. The 
regulations that govern the hearing, and the prehearing guidelines 
issued for the hearing, will ensure that participants are treated 
fairly and have due process. This approach will facilitate the 
development of a clear, accurate, and complete record. Accordingly, 
application of these rules and guidelines will be such that questions 
of relevance, procedures, and participation will be decided in favor of 
developing a clear, accurate, and complete record.
    Conduct of the Hearing. Conduct of the hearing will conform to the 
provisions of 29 CFR 1911.5. Although the ALJ presiding over the 
hearing makes no decision or recommendation on the merits of the 
proposal or the final rule, the ALJ has the responsibility and 
authority to ensure that the hearing progresses at a reasonable pace 
and in an orderly manner. To ensure that interested parties receive a 
full and fair informal hearing, the ALJ has the authority and power to: 
regulate the course of the proceedings; dispose of procedural requests, 
objections, and similar matters; confine the presentations to matters 
pertinent to the issues raised; use appropriate means to regulate the 
conduct of the parties who are present at the hearing; question 
witnesses, and permit others to question witnesses; and limit the time 
for such questions. As indicated in the proposed rule, OSHA will allow 
an additional 30-day period for submission of posthearing comments 
before closing the public comment period (74 FR 48344).
    Notice of intention to appear to provide testimony at the informal 
public hearings. Hearing participants must file a notice of intention 
to appear that provides the following information: The name, mailing 
and e-mail addresses, and telephone number of each individual who will 
provide testimony; the capacity in which the individual will testify 
(e.g., name of the establishment/organization the individual is 
representing; the individual's occupational title and position); and 
whether the individual is appearing as a part of a panel with other 
individuals. Participants who need projectors and other special 
equipment for their testimony must contact Ms. Veneta Chatmon at OSHA's 
Office of Communications, telephone (202) 693-1999.
    As noted above, testimony will be limited to 10 minutes. Requests 
for additional time must be submitted in writing with the notice of 
intention to appear, and contain a reasoned justification, including 
identification of the topics to be discussed and an explanation of why 
these topics cannot be covered in 10 minutes. OSHA will review the 
request and determine how much, if any, additional time to allot to the 
individual. Individuals requesting additional time will be notified of 
OSHA's determination on their request prior to the hearing.
    OSHA emphasizes that, while the hearing is open to the public and 
all interested parties are welcome to attend, only a party who files a 
proper notice of intention to appear may ask questions and participate 
fully in the hearing. A party who did not file a notice of intention to 
appear may be allowed to testify at the hearing if time permits, but this
determination is at the discretion of the presiding ALJ.
    Certification of the record and final determination after the 
informal public hearing. Following the close of the hearing and the 
posthearing comment period, the ALJ will certify the record to the 
Assistant Secretary of Labor for Occupational Safety and Health. This 
record will consist of all of the written comments, oral testimony, 
documentary evidence, and other material received during the hearing. 
Following certification of the record, OSHA will review the proposed 
provisions in light of all the evidence received as part of the record, 
and then will issue the final determinations based on the entire 
record.

Authority and Signature

    This document was prepared under the authority of Edwin G. Foulke, 
Jr., Assistant Secretary of Labor for Occupational Safety and Health, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210, pursuant to Sections 6(b) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 655), Section 3704 of the Contract Work Hours 
and Safety Standards Act (40 U.S.C. 3701 et seq.), Secretary of Labor's 
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.

    Signed at Washington, DC, this 15th day of September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-21852 Filed 9-17-08; 8:45 am]

BILLING CODE 4510-26-P

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