82 FR 41294 - Voluntary Protection Programs Information; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 167 (August 30, 2017)

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in Voluntary Protection Programs Information.

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Pages 41294-41296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18427]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0056]


Voluntary Protection Programs Information; 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 public comments concerning its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in Voluntary Protection 
Programs Information.

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 30, 2017.

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, OSHA Docket No. OSHA-2011-0056 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-3653, 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, 10:00 a.m. to 3:00 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2011-
0056). 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.

FOR FURTHER INFORMATION CONTACT:  David Hamel, Director, Office of 
Partnerships and Recognition, Directorate of Cooperative and State 
Programs, OSHA, U.S. Department of Labor, Room N-3700, 200 Constitution 
Avenue NW,, Washington, DC 20210; telephone (202) 693-2213.

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 (PRA

[[Page 41295]]

95) [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).
    The Voluntary Protection Programs (VPP) [47 FR 29025], adopted by 
OSHA, established the efficacy of cooperative action among government, 
industry and labor to address employee safety and health issues and to 
expand employee protection. To qualify, employers must meet OSHA's 
safety and health management criterion, which focuses on comprehensive 
management programs and active employee involvement to prevent or 
control worksite safety and health hazards. Employers who qualify 
generally view OSHA standards as a minimum level of safety and health 
performance, and set their own more stringent standards, wherever 
necessary, to improve employee protection. Prospective VPP worksites 
must submit an application that includes:
     General applicant information (e.g., site, corporate, and 
collective bargaining contact information).
     Injury and illness rate performance information (i.e., 
number of employees and/or applicable contractors onsite, type of work 
performed and products produced, North American Industry Classification 
System (NAICS) codes, and Recordable Injury and Illness Case Incidence 
Rate information).
     Safety and health management program information (i.e., 
description of the applicant's safety and health management programs 
including how the programs successfully address management leadership 
and employee involvement, worksite analysis, hazard prevention and 
control, and safety and health training).
    OSHA uses this information to determine whether an applicant is 
ready for a VPP onsite evaluation and as a verification tool during VPP 
onsite evaluations. Without this information, OSHA would be unable to 
determine which sites are ready for VPP status.
    Each current VPP applicant is also required to submit an annual 
self-evaluation which addresses how that applicant is continuing its 
adherence to programmatic requirements.
    In 2008, OSHA modified procedures for VPP applicants, OSHA onsite 
evaluations, and annual participant self-evaluations for applicants/
participants subject to OSHA's Process Safety Management (PSM) 
Standard. Applicants who perform work that uses or produces highly 
hazardous chemicals exceeding specified limits covered under the PSM 
standard must submit responses to the PSM application supplement along 
with their VPP application.
    Once in the VPP, the participant is required to submit an annual 
self-evaluation detailing its continued adherence to programmatic 
requirements. Applicants covered under the PSM standard are required to 
submit a PSM questionnaire, a supplemental document, as part of their 
annual submission. OSHA needs this information to ensure that the 
participant remains qualified to participate in the VPP between onsite 
evaluations. Without this information, OSHA would be unable to 
determine whether applicants are maintaining excellent safety and 
health management programs during this interim period.
    In 2009, with the publication of the Federal Register Notice (FRN) 
(74 FR 927, January 9, 2009), VPP revised its traditional focus on 
individual fixed worksites (site-based) by adding two new ways to 
participate: mobile workforce and corporate. A significant 
reorganization of the program helped clarify the multiple participation 
options now available.
    Employees of VPP participants may apply to participate in the 
Special Government Employee (SGE) Program. The SGE Program offers 
private and public sector safety and health professionals and other 
qualified participants the opportunity to exchange ideas, gain new 
perspectives, and grow professionally while serving as full-fledged 
team members on OSHA's VPP onsite evaluations and helping OSHA with 
other VPP-related activities. In this capacity, SGEs may review company 
documents, assist with worksite walkthroughs, interview employees, 
assist in preparing VPP onsite evaluation reports, assist the Regional 
VPP Manager with the review of a site's VPP application or annual self-
evaluation report, co-instruct the SGE course or VPP application 
workshop, and mentor potential or current VPP sites. Potential SGEs 
must submit an application that includes:
     SGE Eligibility Information Sheet (i.e., applicant's name, 
professional credentials, site/corporate contact information, 
qualifying activities participation, etc.);
     Current Resume;
     Confidential Financial Disclosure Report (OGE Form 450).
     Optional Application for Federal Employment (OF 612).
    OSHA uses the SGE Eligibility Information Sheet to ensure that the 
potential SGE works at a VPP site and meets the minimum eligibility 
qualifications. The resume is required to provide a detailed 
description of their current duties and responsibilities as they relate 
to safety and health and the implementation of an effective safety and 
health management program. The OGE Form 450 is used to ensure that SGEs 
do not participate on onsite evaluations at VPP sites in which they 
have a financial interest.
    OSHA Challenge is designed to reach and guide employers and 
companies in all major industry groups who are strongly committed to 
improving their safety and health management programs and possibly 
pursuing recognition in the VPP. The Challenge Administrator's 
application is used to: (1) Conduct a preliminary analysis of the 
applicant's knowledge of safety and health management programs; and (2) 
make a determination regarding the applicant's qualifications to become 
a Challenge Administrator. Once a Challenge Administrator is approved, 
the program's Administrator will review each Challenge candidate's 
application/annual submissions to ensure that all necessary information 
is provided, prior to forwarding them to OSHA's National Office for 
analysis and acceptance.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the information collection requirements are 
necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of the Agency'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.

[[Page 41296]]

III. Proposed Actions

    OSHA proposes to extend OMB's approval of the collection of 
information (paperwork) requirements necessitated by the Voluntary 
Protection Programs. The Agency is requesting an adjustment decrease in 
the burden hours from 134,475 hours to 90,863 hours; a total decrease 
of 43,612 hours. The decrease is the result of the VPP Participation 
Evaluation Report Site-Based Mobile Workforce Corporate in managing 
participants is no longer needed. The Agency will summarize the 
comments submitted in response to this notice, and will include this 
summary in its request to OMB to extend the approval of these 
information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Voluntary Protection Programs Information.
    OMB Number: 1218-0239.
    Affected Public: Business or other for-profits; individuals or 
households; Federal government; state, local or tribal government.
    Number of Respondents:

VPP
    273 Applications
    55 Process Safety Management Applications Questionnaire-A
    1,406 Annual Self-Evaluations
    55 (PSM) Annual Self-Evaluations/Supplemental Questionnaire B
Challenge
    3 Challenge Administrator's Applications
    27 Challenge Participant's Applications
    143 Challenge Annual Self-Evaluations
Special Government Employees
    348 SGE Eligibility Information Sheets
    261 Resumes
    87 OF-612
    1616 Confidential Financial Disclosure Forms (OGE-Form 450)

    Total Respondents: 4,274.
    Frequency: Various.
    Average Time per Response:
VPP General
    200 hours for VPP Applications
    20 hours for VPP Annual Evaluations
Process Safety Management
    40 hours for Applications
    20 hours for Annual Evaluations
Challenge
    5 hours for Challenge Administrator's Applications
    10 hours for Challenge Candidate Applications
    20 hours for Challenge Annual Evaluations
Special Government Employees (SGE)
    10 minutes (.17 hour) for SGE Eligibility Information Sheet
    30 minutes (.50 hour) for SGE Resume
    40 minutes for Optional Form 612
    1 hour for Confidential Financial Disclosure Form

    Estimated Total Burden Hours: 90,863.
    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 the ICR (Docket No. OSHA-2011-0056). 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 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

    Loren Sweatt, 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 of 1995 (44 
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on August 22, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-18427 Filed 8-29-17; 8:45 am]
 BILLING CODE 4510-26-P