81_FR_31952 81 FR 31854 - Improve Tracking of Workplace Injuries and Illnesses; Correction

81 FR 31854 - Improve Tracking of Workplace Injuries and Illnesses; Correction

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 98 (May 20, 2016)

Page Range31854-31855
FR Document2016-11817

OSHA published in the Federal Register of May 12, 2016, a final rule revising its Recording and Reporting Occupational Injuries and Illnesses Regulation. In the rule, a paragraph was inadvertently removed. This document reinserts that paragraph.

Federal Register, Volume 81 Issue 98 (Friday, May 20, 2016) 
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Rules and Regulations]
[Pages 31854-31855]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11817]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1904 and 1902

[Docket No. OSHA-2013-0023]
RIN 1218-AC49


Improve Tracking of Workplace Injuries and Illnesses; Correction

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

ACTION: Final rule; correction.

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SUMMARY: OSHA published in the Federal Register of May 12, 2016, a 
final rule revising its Recording and Reporting Occupational Injuries 
and Illnesses Regulation. In the rule, a paragraph was inadvertently 
removed. This document reinserts that paragraph.

DATES: Effective: August 10, 2016.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Frank Meilinger, 
Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email: [email protected].
    For general and technical information: Miriam Schoenbaum, Office of 
Statistical Analysis, Room N-3507, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202)693-1841; 
email: [email protected].

SUPPLEMENTARY INFORMATION: OSHA published in the Federal Register of 
May 12, 2016, a final rule revising its Recording and Reporting 
Occupational Injuries and Illnesses regulation (92 FR 29624).
    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, 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), Section 553 of the Administrative 
Procedure Act (5 U.S.C. 553), and Secretary of Labor's Order No. 41-
2012 (77 FR 3912 (Jan. 25, 2012)).

Need for Correction

    Inadvertently Sec.  1904.35(b)(2) was designated as reserved. This 
document reinserts that paragraph.
    In FR Rule Doc. No. 2016-10443 beginning on page 29624 in the issue 
of May 12, 2016, make the following correction:
    On page 29692, in the first column, after the second paragraph, 
remove ``(2) [Reserved].'' and add the following in its place:
    ``(2) Do I have to give my employees and their representatives 
access to the OSHA injury and illness records? Yes, your employees, 
former employees, their personal representatives, and their authorized 
employee representatives have the right to access the OSHA injury and 
illness records, with some limitations, as discussed below.
    (i) Who is an authorized employee representative? An authorized 
employee representative is an authorized collective bargaining agent of 
employees.
    (ii) Who is a ``personal representative'' of an employee or former 
employee? A personal representative is:
    (A) Any person that the employee or former employee designates as 
such, in writing; or
    (B) The legal representative of a deceased or legally incapacitated 
employee or former employee.
    (iii) If an employee or representative asks for access to the OSHA 
300 Log, when do I have to provide it? When an employee, former 
employee, personal representative, or authorized employee 
representative asks for copies of your current or stored OSHA 300 
Log(s) for an establishment the employee or former employee has worked 
in, you must give the requester a copy of the relevant OSHA 300 Log(s) 
by the end of the next business day.
    (iv) May I remove the names of the employees or any other 
information from the OSHA 300 Log before I give copies to an employee, 
former employee, or employee representative? No, you must leave the 
names on the 300 Log. However, to protect the privacy of injured and 
ill employees, you may not record the employee's name on the OSHA 300 
Log for certain ``privacy concern cases,'' as specified in Sec.  
1904.29(b)(6) through (9).
    (v) If an employee or representative asks for access to the OSHA 
301 Incident Report, when do I have to provide it? (A) When an 
employee, former employee, or personal representative asks for a copy 
of the OSHA 301 Incident Report describing an injury or illness to that 
employee or former employee, you must give the requester a copy of the 
OSHA 301 Incident Report containing that information by the end of the 
next business day.
    (B) When an authorized employee representative asks for copies of 
the OSHA 301 Incident Reports for an establishment where the agent 
represents employees under a collective bargaining agreement, you must 
give copies of those forms to the authorized employee representative 
within 7 calendar days. You are only required to give the authorized 
employee

[[Page 31855]]

representative information from the OSHA 301 Incident Report section 
titled ``Tell us about the case.'' You must remove all other 
information from the copy of the OSHA 301 Incident Report or the 
equivalent substitute form that you give to the authorized employee 
representative.
    (vi) May I charge for the copies? No, you may not charge for these 
copies the first time they are provided. However, if one of the 
designated persons asks for additional copies, you may assess a 
reasonable charge for retrieving and copying the records.''

    Signed at Washington, DC, on May 13, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-11817 Filed 5-19-16; 8:45 am]
 BILLING CODE 4510-26-P

31854 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations implications.’’ The rule will not ‘‘have DEPARTMENT OF LABOR OSHA injury and illness records? Yes, substantial direct effects on the States, your employees, former employees, on the relationship between the national Occupational Safety and Health their personal representatives, and their government and the States, or on the Administration authorized employee representatives distribution of power and have the right to access the OSHA injury responsibilities among the various 29 CFR Parts 1904 and 1902 and illness records, with some levels of government.’’ [Docket No. OSHA–2013–0023] limitations, as discussed below. (i) Who is an authorized employee Executive Order 12988 (Civil Justice RIN 1218–AC49 representative? An authorized employee Reform) representative is an authorized Improve Tracking of Workplace collective bargaining agent of This rule meets the applicable Injuries and Illnesses; Correction employees. standards in sections 3(a) and 3(b)(2) of AGENCY: Occupational Safety and Health (ii) Who is a ‘‘personal Executive Order 12988, Civil Justice Administration (OSHA), DOL. representative’’ of an employee or Reform (61 FR 4729), to minimize ACTION: Final rule; correction. former employee? A personal litigation, eliminate ambiguity, and representative is: reduce burden. SUMMARY: OSHA published in the (A) Any person that the employee or Federal Register of May 12, 2016, a final former employee designates as such, in List of Subjects in 20 CFR Part 725 rule revising its Recording and writing; or Reporting Occupational Injuries and (B) The legal representative of a Administrative practice and deceased or legally incapacitated procedure, Black lung benefits, Claims, Illnesses Regulation. In the rule, a paragraph was inadvertently removed. employee or former employee. Coal miners’ entitlement to benefits, (iii) If an employee or representative This document reinserts that paragraph. Health care, Reporting and asks for access to the OSHA 300 Log, DATES: Effective: August 10, 2016. recordkeeping requirements, Survivors’ when do I have to provide it? When an entitlement to benefits, Total disability FOR FURTHER INFORMATION CONTACT: For employee, former employee, personal due to pneumoconiosis, Workers’ press inquiries: Frank Meilinger, Office representative, or authorized employee compensation. of Communications, Room N–3647, representative asks for copies of your OSHA, U.S. Department of Labor, 200 For the reasons set forth in the current or stored OSHA 300 Log(s) for Constitution Avenue NW., Washington, an establishment the employee or preamble, the Department of Labor DC 20210; telephone (202) 693–1999; email: meilinger.francis2@dol.gov. former employee has worked in, you amends 20 CFR part 725 as follows: For general and technical information: must give the requester a copy of the PART 725—CLAIMS FOR BENEFITS Miriam Schoenbaum, Office of relevant OSHA 300 Log(s) by the end of UNDER PART C OF TITLE IV OF THE Statistical Analysis, Room N–3507, the next business day. OSHA, U.S. Department of Labor, 200 (iv) May I remove the names of the FEDERAL MINE SAFETY AND HEALTH employees or any other information ACT, AS AMENDED Constitution Avenue NW., Washington, DC 20210; telephone (202)693–1841; from the OSHA 300 Log before I give email: schoenbaum.miriam@dol.gov. copies to an employee, former ■ 1. The authority citation for part 725 employee, or employee representative? continues to read as follows: SUPPLEMENTARY INFORMATION: OSHA No, you must leave the names on the published in the Federal Register of Authority: 5 U.S.C. 301; Reorganization 300 Log. However, to protect the privacy May 12, 2016, a final rule revising its Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 of injured and ill employees, you may Recording and Reporting Occupational et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; not record the employee’s name on the Injuries and Illnesses regulation (92 FR 42 U.S.C. 405; Secretary’s Order 10–2009, 74 OSHA 300 Log for certain ‘‘privacy 29624). FR 58834. This document was prepared under concern cases,’’ as specified in the direction of David Michaels, Ph.D., § 1904.29(b)(6) through (9). ■ 2. Add a parenthetical statement to (v) If an employee or representative MPH, Assistant Secretary of Labor for § 725.413 to read as follows: asks for access to the OSHA 301 Occupational Safety and Health. It is issued under Sections 8 and 24 of the Incident Report, when do I have to § 725.413 Disclosure of medical Occupational Safety and Health Act (29 provide it? (A) When an employee, information. U.S.C. 657, 673), Section 553 of the former employee, or personal * * * * * representative asks for a copy of the (The Office of Management and Budget has Administrative Procedure Act (5 U.S.C. 553), and Secretary of Labor’s Order No. OSHA 301 Incident Report describing approved the information collection an injury or illness to that employee or contained in this section and assigned 41–2012 (77 FR 3912 (Jan. 25, 2012)). former employee, you must give the control number 1240–0054 with an Need for Correction requester a copy of the OSHA 301 expiration date of May 31, 2019.) Incident Report containing that Inadvertently § 1904.35(b)(2) was Signed at Washington, DC, this 12th day of designated as reserved. This document information by the end of the next May, 2016. reinserts that paragraph. business day. Leonard J. Howie, III, In FR Rule Doc. No. 2016–10443 (B) When an authorized employee beginning on page 29624 in the issue of representative asks for copies of the Director, Office of Workers’ Compensation May 12, 2016, make the following OSHA 301 Incident Reports for an mstockstill on DSK5VPTVN1PROD with RULES Programs. correction: establishment where the agent [FR Doc. 2016–11840 Filed 5–19–16; 8:45 am] On page 29692, in the first column, represents employees under a collective BILLING CODE 4510–CR–P bargaining agreement, you must give after the second paragraph, remove ‘‘(2) [Reserved].’’ and add the following in its copies of those forms to the authorized place: employee representative within 7 ‘‘(2) Do I have to give my employees calendar days. You are only required to and their representatives access to the give the authorized employee VerDate Sep<11>2014 22:59 May 19, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1

Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations 31855 representative information from the U.S. Coast Guard Waterways numbers of spectator vessels are OSHA 301 Incident Report section titled Management Division Sector Long expected to congregate around the ‘‘Tell us about the case.’’ You must Island Sound; telephone (203) 468– location of these events, these regulated remove all other information from the 4565, or email Ian.M.Fallon@uscg.mil. areas are needed to protect both copy of the OSHA 301 Incident Report SUPPLEMENTARY INFORMATION: spectators and participants from the or the equivalent substitute form that safety hazards associated with marine you give to the authorized employee I. Table of Abbreviations events, including large numbers of representative. CFR Code of Federal Regulations swimmers, hard to see and unstable (vi) May I charge for the copies? No, DHS Department of Homeland Security small boats, unexpected pyrotechnics you may not charge for these copies the NPRM Notice of proposed rulemaking detonation, and burning debris. This first time they are provided. However, if Pub. L. Public Law rule permanently establishes regulated one of the designated persons asks for § Section areas that restrict vessel movement additional copies, you may assess a U.S.C. United States Code around the location of each marine reasonable charge for retrieving and II. Background Information and event to reduce the associated hazards. copying the records.’’ Regulatory History During the enforcement period of the regulated areas, persons and vessels Signed at Washington, DC, on May 13, On June 23, 2015, the Coast Guard 2016. would be prohibited from entering, published an NPRM titled ‘‘Special transiting through, remaining, David Michaels, Local Regulations, Recurring Marine anchoring, or mooring within the Assistant Secretary of Labor for Occupational Events in Captain of the Port Long regulated area unless specifically Safety and Health. Island Sound Zone’’ (80 FR 35892). authorized by the COTP or the [FR Doc. 2016–11817 Filed 5–19–16; 8:45 am] There we stated why we issued the designated representative. Persons and BILLING CODE 4510–26–P NPRM, and invited comments on our vessels would be able to request proposed regulatory action related to authorization to enter, transit through, making changes to 33 CFR 100.100 remain, anchor, or moor within the DEPARTMENT OF HOMELAND ‘‘Special Local Regulations; Regatta and regulated areas by contacting the COTP SECURITY Boat Races in the Coast Guard Sector Sector Long Island Sound, or designated Long Island Sound Captain of the Port representative, by telephone at (203) Coast Guard Zone.’’ During the comment period that 468–4401 or via VHF radio on channel ended July 23, 2015, we received no 16. If authorization to enter, transit 33 CFR Part 100 comments. through, remain, anchor, or moor within [Docket Number USCG–2015–0100] III. Legal Authority and Need for Rule any of the regulated areas is granted, all persons and vessels receiving RIN 1625–AA08 The Coast Guard is issuing this rule authorization would be required to under authority in 33 U.S.C. 1233. This comply with the instructions of the Special Local Regulations, Recurring regulation carries out two related COTP or designated representative. Marine Events in Captain of the Port actions: (1) Establishing necessary The Coast Guard COTP Sector Long Long Island Sound Zone special local regulations; and (2) Island Sound or designated AGENCY: Coast Guard, DHS. updating and reorganizing existing representative will enforce the regulated ACTION: Final rule. regulations for ease of use and reduction areas. These designated representatives of administrative overhead. are comprised of commissioned, SUMMARY: The Coast Guard is adding, IV. Discussion of Comments, Changes, warrant, and petty officers of the Coast deleting, and modifying special local and the Rule Guard. The Coast Guard may be assisted regulations for annual marine events in by other federal, state and local agencies the Sector Long Island Sound Captain of The Coast Guard is to amend 33 CFR in the enforcement of these regulated the Port (COTP) Zone. When enforced, 100.100 ‘‘Special Local Regulations; areas. these regulated areas would restrict Regattas and Boat Races in the Coast Certain special local regulations are vessels from portions of water areas Guard Sector Long Island Sound listed without known dates or times. during certain annually recurring Captain of the Port Zone’’ by Coast Guard Sector Long Island Sound events. The special local regulations are establishing sixteen permanent marine will cause notice of the enforcement of intended to expedite public notification events regulated areas, removing five these regulated areas to be made by all and ensure the protection of the previously regulated areas, and appropriate means to affect the widest maritime public and event participants modifying three marine event special publicity among the effected segments from the hazards associated with certain local regulations. This rulemaking limits of the public, including publication in maritime events. the unnecessary burden of establishing the Federal Register as a Notice of DATES: This rule is effective June 20, temporary rules for events that occur on Enforcement, Local Notice to Mariners, 2016. an annual basis. and Broadcast Notice to Mariners. ADDRESSES: To view documents (1) Establishing New Marine Event (2) Remove Old Special Local mentioned in this preamble as being Regulated Areas Regulations That Are no Longer Needed available in the docket, go to http:// This rule establishes sixteen This rule removes five special local www.regulations.gov, type USCG–2015– permanent marine event special local regulations from the TABLE to mstockstill on DSK5VPTVN1PROD with RULES 0100 in the ‘‘SEARCH’’ box and click regulations under 33 CFR 100.100. § 100.100: (1) 1.3 Head of the ‘‘SEARCH.’’ Click on Open Docket These events include fireworks Connecticut Regatta, Connecticut River, Folder on the line associated with this displays, swimming events, and regattas CT as the event has not been held since rule. that take place throughout the Long 2012 and the sponsoring organization, FOR FURTHER INFORMATION CONTACT: If Island Sound COTP Zone. Event the City of Middletown, has confirmed you have questions on this rule, call or locations and details are listed below in that they do not intend to hold the event email Chief Petty Officer Ian M. Fallon, the text of the regulation. Because large again in the foreseeable future; (2) 1.4 VerDate Sep<11>2014 22:59 May 19, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1


Document Created: 2016-05-20 01:59:57
Document Modified: 2016-05-20 01:59:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesEffective: August 10, 2016.
ContactFor press inquiries: Frank Meilinger, Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693- 1999; email: [email protected]
FR Citation81 FR 31854 
RIN Number1218-AC49
CFR Citation29 CFR 1902
29 CFR 1904
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