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• Publication Date: 06/22/2011
• Publication Type: Notice
• Fed Register #: 76:36579-36580
• Standard Number: 1908
• Title: Onsite Consultation Agreements; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Pages 36579-36580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15623]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0125]


Onsite Consultation Agreements; Extension 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.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Consultation Agreement regulations (hereinafter, the Onsite
Consultation Program regulations) (29 CFR part 1908). The Onsite
Consultation Program regulations specify services to be provided, and
practices and procedures to be followed, by the State Onsite
Consultation Programs. Information collection requirements set forth in
the Onsite 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 Onsite
Consultation services delivered by the States, which result in the
collections of information. Four requirements apply to employers and
specify conditions for receiving the free Onsite Consultation services.

DATES: Comments must be submitted (postmarked, sent, or received) by
August 22, 2011.

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.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    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, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and 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 Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its 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 (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 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 efforts in obtaining information
(29 U.S.C. 657).
    Section 7(c)(1) of 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 (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 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 Onsite 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
Act, OSHA codified the terms that govern cooperative agreements between
OSHA and State governments whereby State agencies provide onsite
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).

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
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 extend its approval of the information
collection requirements contained in the Consultation Agreement
regulations (29 CFR part 1908). The Agency is requesting an adjustment
decrease of its current burden hour estimate associated with this ICR
from 231,207 hours to 222,924 hours, a total decrease of 8,283 hours.
These changes are based upon the current number of active projects and
the most recently available number of visits conducted on an annual
basis.
    Type of Review: Extension of currently approved collections.
    Title: Onsite Consultation Agreements.
    OMB Number: 1218-0110.
    Affected Public: Business or other for-profits.
    Number of Respondents: 26,800.
    Average Time per Response: Annually; monthly, quarterly, semi-
annually, on occasion.
    Total Responses: 111,620.
    Frequency: Varies from 3 minutes (.05 hour) to replace the safe
practice manual to 1 hour to develop a new manual.
    Estimated Total urden Hours: 222,924.
    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 for this ICR (Docket No. OSHA-2011-0125).
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 docket number so 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 date 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 Web site.
 All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's "User
    Tips" link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, 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. 5-2010 (75 FR 55355).

    Signed at Washington, DC on June 17, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-15623 Filed 6-21-11; 8:45 am]
BILLING CODE 4510-26-P

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