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• Publication Date: 09/28/2011
• Publication Type: Proposed Rules
• Fed Register #: 76: 59952-59953
• Standard Number: 1904
• Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Proposed Rules]
[Pages 59952-59953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24779]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]
RIN 1218-AC50


Occupational Injury and Illness Recording and Reporting
Requirements--NAICS Update and Reporting Revisions

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

ACTION: Proposed rule; Notice of reopening of rulemaking record.

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SUMMARY: OSHA is reopening the rulemaking record to allow interested
persons to comment on OSHA's proposal to update Appendix A to Subpart B
of its Injury and Illness Recording and Reporting regulation and the
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations;
and within 24 hours, all work-related amputations. The docket is being
reopened in response to a request made by the National Automobile
Dealers Association. The record will remain open for 30 days.

DATES: Written comments: Comments must be submitted by October 28,
2011.

ADDRESSES:
    Written comments: You may submit comments, identified by docket
number OSHA-2010-0019, or regulatory information number (RIN) 1218-
AC50, by any of the following methods:
    Electronically: You may submit comments electronically at http://www.regulations.gov,
which is the Federal e-rulemaking portal. Follow the instructions
 on the Web site for making electronic submissions;
    Fax: If your submission, including attachments, does not exceed 10
pages, you may fax it to the OSHA docket office at (202) 693-1648; or
    Mail, hand delivery, express mail, messenger, or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
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.-4:45 p.m.
    Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures,
submission by regular mail may result in significant delay. Please
contact the OSHA docket office for information about security
procedures for making submissions by hand delivery, express delivery,
and messenger or courier service.
    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 Therefore, OSHA cautions you
about submitting personal information such as social security numbers
and birthdates.
    Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2010-0019, at http://www.regulations.gov.
All submissions 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 that
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA docket office.
    Electronic copies of this Federal Register document are available
at  http://www.regulations.gov This document, as well as news releases
and other relevant information, is available at OSHA's Web site at
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT:

For press inquiries: Mr. Frank Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-1999.
For general and technical information on the proposed rule: Mr. David
Schmidt, OSHA Office of Statistical Analysis, Room N-3641, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2400.

SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2
partially exempts certain lower-hazard industries classified in
Standard Industrial Classification (SIC) codes 52 through 89 from
injury and illness recordkeeping requirements. Lower hazard industries
are those industries with an average Days Away, Restricted, or
Transferred (DART) rate at or below 75 percent of the national average
DART rate. The DART rate represents the total non-fatal injuries and
illnesses resulting in days away from work, restricted work activity,
and/or job transfer per 100 full-time employees for a given period of
time (usually 1 year). The current list of partially exempt industries,
which is included in Appendix A to Subpart B, is based on injury and
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997,
1998 and 1999.
    OSHA is proposing to revise the list of partially exempt industries
in Appendix A using the North American Industry Classification System
(NAICS). The revised list in proposed Appendix A is based on DART rates
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed
Appendix A would still be required to keep records if requested to do
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by
OSHA in connection with its Data Initiative (29 CFR 1904.41).
    OSHA is also proposing to revise Section 1904.39, which currently
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more
employees. The proposed rule would require an employer to report to
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
    This regulation was developed in accordance with the principles of
Executive Order 12866 and Executive Order 13563. Executive Order 12866
requires that OSHA estimate the benefits, costs, and net benefits of
proposed regulations. The Agency estimates the regulation will cost
approximately $8.5 million, on an annualized basis. As discussed
elsewhere in this preamble, the Agency believes the annual benefits,
while unquantified, are significantly in excess of the annual costs.

Background

    On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of
its Injury and Illness Recording and Reporting regulation. See 76 FR
36414. The Notice of Proposed Rulemaking (NPRM) also contained a
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations;
and within 24 hours, all work-related amputations. The comment period
for the NPRM ran through September 20, 2011. On September 16, 2011 OSHA
received a request to extend the comment period through October 20,
2011. The National Automobile Dealers Association requested this
extension to provide them more time to evaluate the Bureau of Labor
Statistics injury and illness data used for the proposed industry
exemption analysis. OSHA has agreed to this request. The docket is
being reopened for comment for an additional 30 days.

Public Submissions

    OSHA invites comment on all aspects of the proposed rule. OSHA
specifically encourages comment on the questions raised in the issues
and potential alternatives sections of this preamble. Interested
persons must submit comments by October 28, 2011. The Agency will
carefully review and evaluate all comments, information, and data, as
well as all other information in the rulemaking record, to determine
how to proceed.
    You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions
must identify the Agency name and the OSHA docket number (Docket No.
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may
supplement electronic submissions by uploading document files
electronically. If, instead, you wish to mail additional materials in
reference to an electronic or fax submission, you must submit three
copies to the OSHA docket office (see ADDRESSES section). The
additional materials must clearly identify your electronic comments by
name, date, and docket number, so OSHA can attach them to your
comments.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. 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).

Access to Docket

    Comments in response to this Federal Register notice are posted at
http://www.regulations.gov, the Federal e-rulemaking portal. Therefore,
OSHA cautions individuals about submitting personal information such as
social security numbers and birthdates. Although 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 that Web site. All comments and exhibits, including copyrighted
material, are available for inspection and copying at the OSHA docket
office. Information on using http://www.regulations.gov to submit
comments and access dockets is available on that Web site. 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.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov This document, as well as news releases
and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov. For specific information about OSHA's
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.

Authority and Signature

    This document was prepared under the direction of Dr. David
Michaels, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under Sections 8 and 24 of the Occupational Safety
and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of
Labor's Order 4-2010 (75 FR 55355, 9/10/2010).

    Signed at Washington, DC, on September 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-24779 Filed 9-27-11; 8:45 am]
BILLING CODE 4510-26-P

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