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Federal Registers - Table of Contents
• Publication Date: 04/24/2017
• Publication Type: Notice
• Fed Register #: 82:18932-18934
• Standard Number: 1903.11
• Title: Notice of Alleged Safety and Health Hazard (Form OSHA-7); Extension of the Office of Management and Budget's (OMB) Approval of Collections of Information


  [Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
  [Notices]
  [Pages 18932-18934]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-08228]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2010-0056]


  Notice of Alleged Safety and Health Hazard (Form OSHA-7);
  Extension of the Office of Management and Budget's (OMB) Approval of
  Collections of Information

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

  ACTION: Request for public comments.

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  SUMMARY: OSHA solicits public comments concerning its proposal to
  extend the Office of Management and Budget's (OMB) approval of the
  collections of information contained in the OSHA-7 Form.

  DATES: Comments must be submitted (postmarked, sent or received) by
  June 23, 2017.

  ADDRESSES:
      Electronically: You may submit comments and attachments
  electronically at 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-2010-0056, 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 the
  OSHA docket number (OSHA-2010-0056) 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 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 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 www.regulations.gov index;
  however, some information (e.g., copyrighted material) is not publicly
  available to read or download from the Web site. All submissions,
  including copyrighted material, are available for inspection and
  copying at the OSHA Docket Office. You 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., employees filing occupational safety or
  health complaints) burden, conducts a preclearance consultation program
  to provide the public with an opportunity to comment on proposed and
  collections of information in accord with the Paperwork Reduction Act
  (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,
  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).
      Under paragraphs (a) and (c) of 29 CFR 1903.11 (``Complaints by
  employees''), employees and their representatives may notify the OSHA
  area director or an OSHA compliance officer of safety and health
  hazards regulated by the Agency that they believe exist in their
  workplaces at any time. These provisions state further that this
  notification must be in writing and ``shall set forth with reasonable
  particularity the grounds for the notice, and shall be signed by the
  employee or representative of the employee.''
      In addition to providing specific hazard information to the Agency,
  paragraph (a) permits employees/employee representatives to request an
  inspection of the workplace. Paragraph (c) also addresses situations in
  which employees/employee representatives may provide the information
  directly to the OSHA compliance officer during an inspection. An
  employer's former employees may also submit complaints to the Agency.
      To address the requirements of paragraphs (a) and (c), especially
  the requirement that the information be in writing, the Agency
  developed the OSHA-7 Form; this form standardized and simplified the
  hazard reporting process. For paragraph (a), they may complete an OSHA-
  7 Form obtained

  from the Agency's Web site and then send it to OSHA online, or deliver
  a hardcopy of the form to the OSHA area office by mail or facsimile, or
  by hand. They may also write a letter containing the information and
  hand deliver it to the area office, or send it by mail or facsimile. In
  addition, they may provide the information orally to the OSHA area
  office or another party (e.g., a federal safety and health committee
  for federal employees), in which case the area office or other party
  completes the hard copy version of the form. For the typical situation
  addressed by paragraph (c), an employee/employee representative informs
  an OSHA compliance officer orally of the alleged hazard during an
  inspection, and the compliance officer then completes the hard copy
  version of the OSHA-7 Form; occasionally, the employee/employee
  representative provides the compliance officer with the information on
  the hard copy version of the OSHA-7 Form.
      The information on the hard copy version of the OSHA-7 Form
  includes information about the employer and alleged hazards, including:
  The establishment's name; the site's address and telephone and
  facsimile numbers; the name and telephone number of the management
  official; the type of business; a description and the specific location
  of the hazards, including the approximate number of employees exposed
  or threatened by the hazards; and whether or not the employee/employee
  representative informed another government agency about the hazards
  (and the name of the agency if so informed).
      Additional information on the hard copy version of the form
  concerns the complainant, including: Whether or not the complainant is
  an employee or an employee representative, or for information provided
  orally, a member of a federal safety and health committee or another
  party (with space to specify the party); the complainant's name,
  telephone number, and address; and the complainant's signature
  attesting that they believe a violation of an OSHA standard exists at
  the named establishment; and the date of the signature. An employee
  representative must also provide the name of the organization they
  represent and their title.
      The information contained in the online version of the OSHA-7 Form
  is similar to the hard copy version. However, the online version
  requests the complainant's email address, and does not ask for the
  site's facsimile number or the complainant's signature and signature
  date.
      The Agency uses the information collected on the OSHA-7 Form to
  determine whether reasonable grounds exist to conduct an inspection of
  the workplace. The description of the hazards, including the number of
  exposed employees, allows the Agency to assess the severity of the
  hazards and the need to expedite the inspection. The completed form
  also provides the employer with notice of the complaint and may serve
  as the basis for obtaining a search warrant if the employer denies the
  Agency access to the workplace.

  II. Special Issues for Comment

      OSHA has a particular interest in comments on the following issues:
       Whether the proposed collections of information are
  necessary for 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 collections of information, 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 collections
  of information relating to the OSHA-7 Form. The Agency is requesting an
  increase in burden hours from 13,659 to 19,258 (a total increase of
  5,599 burden hours). The difference is the result of an overall
  increase in complaints received annually from 50,641 complaints
  estimated in the previous ICR to 70,976 complaints. There was also an
  increase in operation and maintenance costs from $532 to $701. The
  increase occurred due to an increase in the estimated number of written
  OSHA-7 forms received, from 1,208 to 1,430 forms. The Agency 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 collections of information.
      Type of Review: Extension of a currently approved collection.
      Title: Notice of Alleged Safety and Health Hazards (Form OSHA-7).
      OMB Control Number: 1218-0064.
      Affected Public: Individuals or households.
      Number of Responses: 70,976.
      Frequency of Responses: On occasion.
      Average Time per Response: Varies.
      Estimated Total Burden Hours: 19,258.
      Estimated Cost (Operation and Maintenance): $701.

  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 www.regulations.gov, which is the Federal
  eRulemaking Portal; (2) by facsimile; 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-2010-0056).
  You may supplement electronic submissions by uploading document files
  electronically. If you wish to mail additional materials in reference
  to an electronic or 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 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 www.regulations.gov. Therefore, OSHA cautions commenters about
  submitting personal information such as their social security number
  and date of birth. Although all submissions are listed in the www.regulations.gov index, some information (e.g., copyrighted
  material) is not publicly available to read or download from this Web
  site. All submissions, including copyrighted material, are available
  for inspection and copying at the OSHA Docket Office. Information on
  using the 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 from the Web site, and for assistance in using the Internet
  to locate docket submissions.

  V. Authority and Signature

      Dorothy Dougherty, 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 (44 U.S.C. 3506 et seq.) and Secretary of
  Labor's Order No. 1-2012 (77 FR 3912).

      Signed at Washington, DC, on April 13, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-08228 Filed 4-21-17; 8:45 am]
   BILLING CODE 4510-26-P




Federal Registers - Table of Contents

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