[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Pages 34297-34301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16134]



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DEPARTMENT OF LABOR

Office of the Secretary


Agency Recordkeeping/Reporting Requirements Under Review by the 
Office of Management and Budget (OMB)

June 27, 1995.
    The Department of Labor has submitted the following public 
information collection requests (ICRs) to the Office of Management and 
Budget (OMB) for review and clearance under the Paperwork Reduction Act 
(44 U.S.C. Chapter 35) of 1980, as amended (P.L. 96-511). Copies may be 
obtained by calling the Department of Labor Acting Departmental 
Clearance Officer, Theresa M. O'Malley, (202) 219-5095. Comments and 
questions about the ICRs listed below should be directed to Ms. 
O'Malley, Office of Information Resources Management Policy, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room N-1301, 
Washington, DC 20210. Comments should also be sent to the Office of 
Information and Regulatory Affairs. Attn: OMB Desk Officer for (BLS/DM/
ESA/ETA/OAW/MSHA/OSHA/PWBA/VETS), Office of Management and Budget, Room 
10325, Washington, DC 20503, (202) 395-7316.
    Individuals who use a telecommunications device for the deaf (TTY/
TDD) may call (202) 219-4720 between 1:00 p.m. and 4:00 p.m. Eastern 
time, Monday through Friday.
    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Confined and Enclosed Spaces and Other Dangerous Atmospheres 
in Shipyard Employment.
    OMB Number: 1218-0011.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 300.
    Estimated Time Per Respondent: .35 hours.
    Total Burden Hours: 381.
    Description: To ensure that shipyard personnel do not enter 
confined spaces that contain oxygen deficient toxic or flammable 
atmospheres, qualified (competent) personnel must test such spaces. 
This information provides individuals deemed qualified by employers to 
conduct such tests, plus results and instructions.

    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Occupational Exposure to Noise.
    OMB Number: 1218-0048.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 311,094
    Estimated Time Per Respondent: 6.7 hours.
    Total Burden Hours: 1,915,151.
    Description: The Occupational Exposure to Noise Standard and its 
information collection requirements is to provide protection for 
employees from the adverse health effects associated with occupational 
exposure to noise. The Standard requires that employers must establish 
and maintain a training and compliance program, including exposure 
monitoring and medical surveillance records. These records are used by 
employees, physicians, employers and the Occupational Safety and Health 
Administration (OSHA) to determine the effectiveness of the employers' 
compliance efforts. Also the standard requires that OSHA have access to 
various records to ensure that employers are complying with the 
provisions of the occupational exposure to noise.

    Type of Review: Reinstatement without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Construction Oxygen and Toxic Test.
    OMB Number: 1218-0054.
    Frequency: Once per shift; occasionally several times per shift 
when applicable.
    Affected Public: Business or other for-profit.
    Number of Respondents: 14,060.
    Estimated Time Per Respondent: 3 minutes.
    Total Burden Hours: 703.
    Description: This regulation requires that whenever internal 
combustion engine powered equipment exhausts in enclosed spaces, tests 
shall be made and recorded to see that employees are not exposed to 
unsafe concentrations of toxic gases or oxygen deficient atmospheres.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Underground Construction Air Quality Record.
    OMB Number: 1218-0067.
    Frequency: On occasion (the estimated 250 respondents annually that 
are required to keep records under this standard take three air samples 
a day over a 250-workday year).
    Affected Public: Business or other for-profit.
    Number of Respondents: 250.
    Estimated Time Per Respondent: 3 minutes.
    Total Burden Hours: 46,876.
    Description: This regulation requires that a record of all air 
quality tests be maintained above ground at the worksite and be made 
available to the Secretary of Labor upon request. The record shall 
include the location, date, 

[[Page 34298]]
time, substance and amount monitored. Records of exposures to toxic 
substances shall be retained in accordance with section 1910.20 of this 
regulation. All other air quality tests records shall be retained until 
completion of the project.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Diving Related Recordkeeping.
    OMB Number: 1218-0069.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 3,000.
    Estimated Time Per Respondent: 37 hours.
    Total Burden Hours: 111,005
    Description: These requirements/records are directed toward 
assuring the safety/health of divers exposed to hyperbaric conditions 
during and after undersea activities. Additionally, the safety 
standards requiring records pertaining to diving equipment are intended 
to bring about a safe workplace and, thus, better assure the 
occupational safety/health of divers.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occuptional Safety and Health Administration.
    Title: Organizational Statement for Fire Brigades.
    OMB Number: 1218-0075.
    Frequency: One-time.
    Affected Public: Business or other for-profit.
    Number of Respondents: 2,750.
    Estimated Time Per Respondent: 5 minutes.
    Total Burden Hours: 269.
    Description: The organizational statement describes what the fire 
brigade is expected to do, and will help employees understand their 
duties as fire brigade members. It will also inform compliance officers 
of the type of fire fighting which will be performed, and if the level 
of training is consistent with that type of fire fighting.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Construction Posting Requirements--Emergency Phone Number 
and Floor Load Limits.
    OMB Number: 1218-0093.
    Frequency: (a) Once every other year (b) Twice every year.
    Affected Public: Business or other for-profit.
    Number of Respondents: (a) 417,953; (b) 2,925=420,878.
    Estimated Time Per Respondent: (a) 2 minutes; (b) 30 minutes.
    Total Burden Hours: (a) 6,966; (b) 1,900=8,866.
    Description: (a) Construction work is hazardous at times and the 
injury and severity rates are high in spite of efforts to abate the 
identifiable hazards, there is a need to obtain medical attention or 
provide ambulance and hospital service as expeditiously as possible. It 
is, therefore, necessary to require that the phone numbers be 
conspicuously posted on construction job sites.
    (b) During construction of certain multi-story buildings or 
structures, it is necessary to store materials on elevated floors. In 
order to make sure they do not overload the floor, the Occupational 
Safety and Health Administration requires the load limits to be posted 
in pounds per square foot with signs in the storage area. This should 
eliminate the hazard of building collapse due to overloading and thus 
protect employers from the hazard.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Concrete and Masonry Construction.
    OMB Number: 1218-0095.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 70,000.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 11,667
    Description: Construction firms engaged in the erection of concrete 
formwork are required to have a copy of the formwork plans or drawings 
at the job site for use by the contractor when erecting the formwork. 
Failure to follow drawings could cause a collapse.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Construction Crane or Derrick Annual Inspection Records.
    OMB Number: 1218-0113.
    Agency Number: OSHA 229.
    Frequency: Annually.
    Affected Public: Business or other for-profit.
    Number of Respondents: 22,600.
    Estimated Time Per Respondent: 30 minutes.
    Total Burden Hours: 218,090.
    Description: This regulation requires that a thorough, annual 
inspection of the hoisting machinery be made by a competent person, or 
by a government or private agency recognized by the Department of 
Labor. The employer shall maintain a record of the dates and results of 
inspections for each hoisting machine and piece of equipment.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    Title: Construction Crane Rating Chart Limitation Instructions.
    OMB Number: 1218-0115.
    Frequency: Annually for rerating; on occasion when there is a 
modification of crane or derrick.
    Affected Public: Business or other for-profit.
    Number of Respondents: 19.
    Estimated Time Per Respondent: 65 hours per employee (depending on 
the size of the crane, it can take between 2-10 employees).
    Total Burden Hours: 4,550.
    Description: This regulation requires the use of appropriately 
documented capacity charts and machine configuration limitations to 
ensure the employee a safe place to work for any field constructed 
crane or derrick. The documentation is used by the employers, 
engineers, supervisors and equipment operator employees to determine 
machine ability to perform the lifting and placing of assigned loads 
with the piece of equipment involved.

    Type of Review: Extension.
    Agency: Occupational Safety and Health Administration.
    Title: Electrical Standards for Construction.
    OMB Number: 1218-0130.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 30,249.
    Estimated Time Per Respondent: 1.04 hours.
    Total Burden Hours: 31,459.
    Description: This collection of information requires employers to 
maintain a written description of an assured equipment grounding 
conductor program.

    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Occupational Exposure to Toxic Substances in Laboratories.
    OMB Number: 1218-0131.
    Agency Number:
    Frequency: On occasion.

[[Page 34299]]

    Affected Public: Business or other for-profit.
    Number of Respondents: 173,465.
    Estimated Time Per Respondent: 1.6 hours.
    Total Burden Hours: 10,752.
    Description: The laboratory standard and its information collection 
requirements is to provide protection for employees from the adverse 
health effects associated with occupational exposure to laboratories. 
The standard requires that employers must establish and maintain a 
training and compliance program including exposure monitoring and 
medical surveillance records. These records are used by employees, 
physicians, employers and the Occupational Safety and Health 
Administration (OSHA) to determine the effectiveness of the employers' 
compliance efforts. Also, the standards requires that OSHA has access 
to various records to ensure that employers are complying with the 
disclosure provisions of the laboratory standard.

    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration.
    OMB Number: 1218-0133.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 486.
    Estimated Time Per Response: .60 hours.
    Total Burden Hours: 38,104.
    Description: The asbestos standard and its information collection 
requirements is to provide protection for employees from the adverse 
health affects associated with occupational exposure to asbestos. The 
standard requires that employers must establish and maintain a training 
and compliance program, including exposure monitoring and medical 
surveillance records. In addition, building owners and employers must 
inform employees about the existence of asbestos containing material 
and potential asbestos containing material in the facility. Required 
information is used by employees, physicians, employers and the 
Occupational Safety and Health Administration (OSHA) to ensure 
employees are being protected from exposure to asbestos. Also, the 
standard requires that OSHA have access to various records to ensure 
that employers are complying with the disclosure provisions of the 
asbestos standard.

    Type of Review: Reinstatment, without change, of a previously 
approved collection for which approval has expired.
    Agency: Occupational Safety and Health Administration
    Title: Design of Cave-in Protection Systems
    OMB Number: 1218-0137.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1,150.
    Estimated Time Per Respondent: .5 hours.
    Total Burden Hours: 69,581.
    Description: Design of cave-in protection systems are needed by 
employers in the construction industry and the Occupational Safety and 
Health Administration compliance officers to ensure that cave-in 
protection systems are designed, installed, and used in a manner to 
protect employees adequately.

    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Formaldehyde.
    OMB Number: 1218-0145.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1,447,187.
    Estimated Time Per Respondent: .50 hours.
    Total Burden Hours: 721,053.
    Description: This regulation requires employers to train employees 
about the hazards of formaldehyde, monitor employee exposure, provide 
medical surveillance, and maintain accurate records of employee 
exposure. These records will be used by employers, employees, 
physicians, and the Government to ensure that employees are not harmed 
by exposure to formaldehyde.

    Type of Review: Reinstatement, without change, of a previously 
approved collected for which approval has expired.
    Agency: Occupaitonal Safety and Health Administration.
    Title: Crane or Derrick Suspended Personnel Platforms.
    OMB Number: 1218-0151.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 623.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 104.
    Description: This regulation requires that personnel platforms 
shall be conspicuously posted with a plate or other permanent marking 
which indicates the eight of the platform and its rated load capacity 
or maximum intended load.

    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Occupational Exposure to Cadmium (Construction).
    OMB Number: 1218-0186.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 10,000.
    Estimated Time Per Respondent: .15 hours.
    Total Burden Hours: 46,395.
    Description: The cadmium standard and its information collection 
requirements is to provide protection for employees from the adverse 
health effects associated with occupational exposure to cadmium. The 
standard requires that employers must establish and maintain a training 
and compliance program, including exposure monitoring and medical 
surveillance records. These records are used by employees, physicians, 
employers and the Occupational Safety and Health Administration (OSHA) 
to determine the effectiveness of the employers' compliance efforts. 
Also, the standard requires that OSHA have access to various records to 
ensure that employers are complying with the disclosure provisions of 
the cadmium standard.

    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration.
    Title: Fall Protection Plan.
    OMB Number: 1218-0197.
    Frequency: On occasion.
    Affected Public: Business or other for-profit; Federal Government; 
State, Local or Tribal Government.
    Number of Respondents: 100,000.
    Estimated Time Per Respondent: 1 hour to develop a plan; 5 minutes 
for compliance inspection access.
    Total Burden Hours: 100,080.
    Description: The employer is required to develop a fall protection 
plan when it is infeasible or creates a greater hazard to use 
conventional fall protection systems. The plan must be disclosed to the 
Occupational Safety and Health Administration compliance officer at the 
time of an inspection if requested.

    Type of Review: New.
    Agency: Occupational Safety and Health Administration.
    Title: Process Safety Management of Highly Hazardous Chemicals.
    OMB Number: 1218-0new.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 24,939.
    Estimated Time Per Respondent: 5,419 hours.
    Total Burden Hours: 135,145,622.
    Description: These requirements/records are directed toward 
assuring 

[[Page 34300]]
that the hazards associated with processes using highly hazardous 
chemicals are managed. They establish procedures for process safety 
management that will protect employees by preventing or minimizing the 
consequences of chemical accidents involving highly hazardous 
chemicals.

    Type of Review: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Agency: Pension Welfare Benefits Administration.
    Title: ERISA Procedures 75-1 (Exemption Procedures Under Section 
408(a)).
    OMB Number: 1210-0060.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 299.
    Estimated Time Per Respondent: Application preparation = 25 hours 
each = 7,475 hours; Preparation and distribution = 1.5 hours each = 138 
hours; Reproduction and Mailing = 5 minutes = 838 hours.
    Total Burden Hours: 7,996
    Description: This regulation provides a procedures for applications 
filed for exemptions from the prohibited transaction provisions of the 
Employee Retirement Income Security Act of 1974 (ERISA).

    Type of Review: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Agency: Pension Welfare Benefits Administration.
    Title: Prohibited Transaction Class Exemption 82-63.
    OMB Number: 1210-0062.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 36,490.
    Estimated Time Per Repondent: 5 minutes.
    Total Burden Hours: 3,041.
    Description: This class exemption allows the payment of 
compensation under certain conditions for the provision by an employee 
benefit plan fiduciary or securities lending services to the plan.

    Type of Review: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Agency: Pension Welfare Benefits Administration.
    Title: Prohibited Transaction Class Exemption--80-83.
    OMB Number: 1210-0064.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1.
    Estimated Time Per Respondent: 1 hour.
    Total Burden Hours: 1.
    Description: This class exemption exempts from the prohibited 
transaction provisions of the Employee Retirement Income Security Act 
(ERISA), certain transactions involving an employee benefit plan's 
purchase of securities which may aid the issuer of the securities to 
reduce or retire indebtedness to a party in interest.

    Type of Review: Revision.
    Agency: Employment and Training Administration.
    Title: Interstate Arrangement for Combining Employment and Wages.
    OMB Number: 1205-0029
    Agency Number: ETA 586.
    Affected Public: State, Local or Tribal Government.

------------------------------------------------------------------------
                                                           Average time 
     Activity            Frequency        Respondents     per respondent
------------------------------------------------------------------------
Ongoing...........  Quarterly.........              53   4 hours.       
Reprogramming.....  One-time..........              53   80 hours.      
      Total burden                                                      
       hours:                                                           
       5,088.                                                           
------------------------------------------------------------------------

    Description: This report provides data necessary to measure the 
scope and effect of the program for combining wages and employment and 
to monitor the performance of States in payment and wage transfer.

    Type of Review: Revision.
    Agency: Employment and Training Administration.
    Title: Benefit appeals Report.
    OMB Number: 1205-0172.
    Agency Number: ETA 5130.
    Affected Public: State, Local or Tribal Government

----------------------------------------------------------------------------------------------------------------
                                                                                                   Average time 
         Version                   Frequency               Affected public         Respondents    per respondent
----------------------------------------------------------------------------------------------------------------
Regular..................  Monthly..................  States...................              53  3 hours.       
Extended Benefits........  Six times................  States...................               2  3 hours.       
      Total burden hours:                                                                                       
       1,944.                                                                                                   
----------------------------------------------------------------------------------------------------------------

    Description: This report is used to monitor the benefit appeals 
process, to evaluate compliance with the appeals promptness standard 
and to develop plans for remedial action. The report is also needed for 
budgeting and for workload figures.

    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Disaster Payment Activities Under the ``Stafford Disaster, 
Relief Act''.
    OMB Number: 1205-0234.
    Agency Number: ETA 90-2.
    Frequency: 6 monthly reports.
    Affected Public: State, Local or Tribal Government.
    Number of Respondents: 50.
    Estimated Time Per Respondent: 15 minutes.
    Total Burden Hours: 75.
    Description: Unemployment, compensation claims, financial 
management and data on disaster unemployment assistance (DUA) activity 
are needed for timely program evaluation necessary for competent 
administration of Section 410 and 423 of the Stafford Disaster Relief 
Act (Act). Workload items are also used with fiscal reports to estimate 
the cost of administering the Act.

    Type of Review: New.
    Agency: Employment and Training Administration.
    Title: Evaluation of the Impact of Job Corps on Participant's 
Postprogram Labor Market and Related Behaviors--Follow-up Questionnaire 
and Process Study Protocols.
    OMB Number: 1205-0new.

                                                                                                                

[[Page 34301]]
------------------------------------------------------------------------
                                          Number of     Average time per
     Activity        Affected public   administrations     respondent   
------------------------------------------------------------------------
Impact Study:                                                           
    12-month......  Applicant........         11,665    45 minutes.     
    30-month......  Applicant........         10,345    45 minutes.     
    48-month......  Applicant........          9,052    45 minutes.     
Process Study:                                                          
    Process Visit.  Various JC Staff.             23    54 hours.       
    Interviews....  Admission                    500    1 hour.         
                     Counselors.                                        
    Mail Survey...  Center Directors.            108    6.5 hours       
------------------------------------------------------------------------


    Total Burden Hours: 25,810.
    Description: Data from follow-up questionnaires will be used to 
measure impacts of Job Corps on participants' earnings and related 
behavior. Data from process protocols will be used to describe the Job 
Corps Program. Data from both sources will be used to estimate the 
benefits and costs of Job Corps.

    Type of Review: New.
    Agency: Employment Standards Administration.
    Title: Application of Federal Certificate of Age.
    OMB Number: 1205-0083.
    Agency Number: WG-14.
    Frequency: On occasion.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Farms; State, Local or Tribal 
Government.
    Number of Respondents: 250.
    Estimated Time Per Respondent: 30 seconds.
    Total Burden Hours: 44.
    Description: Section 3 (1) of the Fair Labor Standards Act provides 
that an employer may protect against unwitting employment of oppressive 
child labor by obtaining a certificate of age certifying that a youth 
meets the Fair Labor Standards Act minimum age requirements. Form WH-14 
is an application for a Federal Certification of Age.
    Type of Review: New.
    Agency: Employment Standards Administration.
    Title: Bona Fide Thrift or Savings Plan (29 CFR 547).
    OMB Number: 1215-0119.
    Agency Number: WG-14.
    Frequency: On occasion.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; State, Local or Tribal Government.
    Number of Respondents: 2,016,000.
    Estimated Time Per Respondent: Recordkeeping only.
    Total Burden Hours: 1 hour.
    Description: Section 7 (e)(3)(b) of the Fair Labor Standards Act 
permits the exclusion from an employee's regular rate of pay for 
payments on behalf of an employee to a ``bona fide'' thrift or savings 
plan. Regulations, 29 CFR 547, set forth the requirements for a bona 
fide thrift or savings plan.
    Type of Review: New.
    Agency: Employment Standards Administration.
    Title: Requirements of a Bona Fide profit-Sharing Plan or Trust (29 
CFR 549).
    OMB Number: 1215-0122.
    Frequency: On occasion.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; State, Local or Tribal Government.
    Number of Respondents: 864,000.
    Estimated Time Per Respondent: Recordkeeping only.
    Total Burden Hours: 1.
    Description: Section 7 (e)(3)(b) of the Fair Labor Standards Act 
permits the exclusion from an employee's regular rate of pay for 
payments on behalf of an employee to a ``bona fide'' profit-sharing 
plan. Regulations, 29 CFR 549, set forth the requirements for a bona 
fide profit-sharing plan.
Theresa M. O'Malley,
Acting Departmental Clearance Officer.
[FR Doc. 95-16134 Filed 6-29-95; 8:45 am]
BILLING CODE 4510-26-P