[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Pages 67702-67703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32535]



Occupational Safety and Health Administration
[Docket No. ICR-98-36]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Consultation Agreements, 29 CFR Part 1908

ACTION: Notice.


SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and impact of collection 
requirements on respondents can be properly assessed. Currently, the 
Occupational Safety and Health Administration (OSHA) is soliciting 
comments concerning the proposed reinstatement of the information 
collection requirement contained in 29 CFR Part 1908. The Agency is 
particularly interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the Agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

DATES: Written comments must be submitted on or before February 8, 

ADDRESSES: Comments are to be submitted to the Docket Office, Docket 
No. ICR-98-36, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-2625, 200 Constitution Avenue, NW, 
Washington, D.C. 20210. Telephone: (202) 219-7894, Written comments 
limited to 10 pages or less in length may also be transmitted by 
facsimile to (202) 219-5046.

Francis Yebesi, Directorate of Federal-State Operations, Occupational 
Safety and Health Administration, U.S. Department of Labor, Room N-
3700, 200 Constitution Avenue, NW, Washington, D.C. 20210, telephone: 
(202) 693-2213. Copies of the referenced information collection request 
are available for inspection and copying in the Docket Office and will 
be mailed to persons who request copies by telephoning Francis Yebesi 
at (202) 693-2233, or Barbara Bielaski at (202) 693-1954.


I. Background

    Section 7(c)(1) of the Occupational Safety and Health (OSH) Act 
authorizes the Secretary of Labor 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 Act authorizes the Secretary 
of Labor to ``consult with and advise employers and employees . . . as 
to effective means of preventing occupational illnesses and injuries.'' 
To satisfy the intent of these and other sections of the OSH Act, the 
Occupational Safety and Health Administration (OSHA) codified the terms 
that govern cooperative agreements between OSHA and State governments 
whereby State agencies provide consultation services to private 
employers to assist them in complying with the requirements of the 
Occupational Safety and Health (OSH) Act. The terms were codified as 
the Consultation Program regulations (29 CFR part 1908).
    The consultation regulations specify services to be provided and 
practices and procedures to be followed by the state consultation 
programs. Information collection requirements set forth in the 
consultation regulations are in two categories: ``State 
Responsibilities'' and ``Employer Responsibilities.'' Five regulatory 
provisions require information collection activities by the State. The 
Federal government provides 90 percent of funds for consultation 
services under the terms of the cooperative agreement. Three 
requirements apply to employers and specify conditions which the 
employer must meet before receiving consultation services.
    The Compliance Assistant Authorization Act of 1998 (H.R. 2864), 
which amends section 21 of the OSH Act of 1970 by adding a new 
paragraph (d), authorizes the Secretary of Labor to enter into 
agreements with States to provide consultation services, and to 
establish rules under which employers may qualify for inspection 
exemption. OSHA plans to propose changes to 29 CFR part 1908 to achieve 
the intent of H.R. 2864. Program modification resulting from H.R. 2864 
(as implemented through changes to 29 CFR part 1908) entail additional 
collection requirements.

II. Current Actions

    This notice requests a reinstatement of the Office of Management 
and Budget (OMB) approval of the Consultation Agreements (formerly OMB 
Number 1218-0110).

[[Page 67703]]

    Type of Review: Reinstatement.
    Agency: U.S. Department of Labor, Occupational Safety and Health 
    Title: Consultation Agreements.
    OMB Number: 1218-0NEW (formerly 1218-0110).
    Agency Number: Docket Number ICR-98-36.
    Affected Public: State government designees and/or employers who 
use State consultation services.
    Frequency: On occasion.
    Average Time Per Response:

State Government designees:
    40 hours to prepare cooperative agreement.
    17.5 hours to prepare files for review.
    30 minutes to report failure to correct hazards.
    5 minutes to prepare list of serious hazards and correction due 
Employers using consultation service:
    10 minutes to verify correction of hazards.
    5 minutes to post list of serious hazards and correction due dates.
    5 minutes to inform Compliance Safety and Health Officer (CSHO) of 
consultation visit in progress.
    3 minutes to post notice of participation in the Safety and Health 
Achievement Recognition Program (SHARP).

    Estimated Total Burden hours: 11,935.
    Total Annualized Capital/Startup Costs: $0.

    Signed at Washington, D.C., this 1st day of December 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.
[FR Doc. 98-32535 Filed 12-7-98; 8:45 am]