83 FR 13792 - On-Site Consultation Programs; 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 83, Issue 62 (March 30, 2018)

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the regulations addressing On-Site Consultation Programs.

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13792-13793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06526]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0125]


On-Site Consultation Programs; 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 OMB approval of the information collection requirements 
contained in the regulations addressing On-Site Consultation Programs.

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 29, 2018.

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, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the OSHA Docket Office's normal business hours, 10:00 
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the Agency name and the 
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 website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Patrick 
Showalter at (202) 693-2220 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Patrick Showalter, Director, Office of 
Small Business Assistance, Directorate of Cooperative and State 
Programs, OSHA, U.S. Department of Labor, telephone (202) 693-2220.

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 process 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) (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 OSHA to 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 OSH Act authorizes the Secretary of Labor 
(Secretary) 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 OSH Act authorizes the 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 OSH 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 On-Site 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 OSH 
Act, OSHA codified the terms that govern cooperative agreements between 
OSHA and State governments whereby State agencies provide On-Site 
Consultation services to private employers to assist them in complying 
with the requirements of the OSH Act. The terms were codified as the 
Consultation Program regulations (29 CFR part 1908).
    The On-Site Consultation Program regulations specify services to be 
provided, and practices and procedures to be followed by the State On-
Site Consultation Programs. Information collection requirements set 
forth in the On-Site Consultation Program regulations are in two 
categories: State Responsibilities and Employer Responsibilities. Eight 
regulatory provisions require information

[[Page 13793]]

collection activities by the State. The Federal government provides 90 
percent of the funds for On-Site Consultation services delivered by the 
States, which result in the information collection. Four requirements 
apply to employers and specify conditions for receiving the free 
consultation services.

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 an extension of its current approval of the 
collection of information requirements for the regulation. The Agency 
is requesting an adjustment decrease of 497 burden hours (from 215,704 
to 215,207 hours). While better burden hour and costs estimates for 
completing documentation for the ``Safety and Health Program Assessment 
Worksheet for Full Service Safety and Health'' increased the burden 
hours, this was offset by the decrease in the number of On-Site 
Consultation visits.
    In addition, the Agency requests OMB approval to update the Safety 
and Health Program Assessment Worksheet, OSHA Form 33, to include minor 
edits.
    Type of Review: Extension of a currently approved collection.
    Title: On-Site Consultation Programs (29 CFR part 1908).
    OMB Control Number: 1218-0110.
    Affected Public: Business or other for-profits.
    Number of Respondents: 22,752 (52 State Consultation Programs and 
22,700 Employers).
    Frequency: Initial, annual, quarterly, periodic.
    Average Time per Response: Varies.
    Estimated Number of Responses: 94,487.
    Estimated Total Burden Hours: 215,207.
    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 (Docket No. OSHA-2011-0125) for the ICR. 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 that 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 
dates 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 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office for information about materials not 
available through the website, 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 March 20, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-06526 Filed 3-29-18; 8:45 am]
 BILLING CODE 4510-26-P