[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Notices]
[Pages 35392-35393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14331]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0236 (2004)]


Procedures for the Handling of Discrimination Complaints Under 
Federal Employee-Protection Statutes; Extension of the Office of 
Management and Budget's (OMB) Approval of Information Collection 
(Paperwork) Requirements

AGENCY: Occupation Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

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SUMMARY: OSHA solicits comment concerning its proposal to extend OMB 
approval of the information collection requirements for handling of 
discrimination complaints under Federal Employee Protection Statutes 
contained in regulations at: 29 CFR part 24, Procedures for the 
Handling of Discrimination Complaints under Federal Employee Protection 
Statutes; 29 CFR part 1979, Procedures for Handling Discrimination 
Complaints Under Wendell H. Ford Aviation Investment and Reform Act for 
the 21st Century; 29 CFR part 1980, Procedures for Handling of 
Discrimination Complaints Under Section 806 of the Corporate and 
Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-
Oxley Act 2002; and 29 CFR part 1981 Procedures for the Handling of 
Discrimination Complaints under Section 6 of the Pipeline Safety and 
Improvement Act of 2002 (i.e., These Regulations). These regulations 
set forth procedures employees must use to file a compliant with OSHA 
alleging that their employer violated a Federal statute that prohibits 
retaliation against employees who report unsafe or unlawful practices 
used by the employer that may damage the environment.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by August 23, 2004.
    Facsimile and electronic transmission: Your comment must be 
received by August 23, 2004.

ADDRESSES:

I. Submission of Comments

    Regular mail, express delivery, hand-delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Docket No. ICR 1218-0236(2004), Room N-2625, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210. OSHA Docket 
Office and Department of Labor hours of operation are 8:15 a.m. to 4:45 
p.m., EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number, ICR 1218-0236(2004), in 
your comments.
    Electronic: You may submit comments, but not attachments, through 
the Internet at http://ecomments.osha.gov/.

 Obtaining Copies of the Supporting Statement for the Information 
Collection Request

     The Supporting Statement for the Information Collection Request 
(ICR) is available for downloading from OSHA's Web site at http://www.osha.gov. The complete ICR, containing the OMB 83-I Form, 
Supporting Statement, and attachments is available for inspection and 
copying in the OSHA Docket Office, at the address listed above. A 
printed copy of the supporting statement can be obtained by contacting 
Todd Owen at (202) 693-2222.

FOR FURTHER INFORMATION CONTACT: Renee Ballou, Office of General 
Industry Enforcement, Directorate of Enforcement Programs, OSHA, U.S. 
Department of Labor, Room N-3119, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-1850.

SUPPLEMENTARY INFORMATION:

 I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

     You may submit comments in response to this document by (1) hard 
copy, (2) FAX transmission (facsimile), or (3) electronically through 
the OSHA webpage. Please note you cannot attach materials such as 
studies or journal articles to electronic comments. If you have 
additional materials, you must submit three copies of them to the OSHA 
Docket Office at the address above. The additional materials must 
clearly identify your electronic comments by name, date, subject and 
docket number so that we can attach them to your comments. Because of 
security-related problems there may be a significant delay in the 
receipt of comments by regular mail. Please contact the OSHA Docket 
Office at (202) 693-2350 for information about security procedures 
concerning the delivery of material by express delivery, hand delivery 
and messenger service.

 II. 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-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 minimized, collection instruments are understandable, and OSHA's 
estimate of the information-collection burden is correct.
     The Agency is responsible for investigating alleged violations of 
``whistle blower'' provisions contained in a number of Federal 
statutes. These provisions prohibit retaliation by employers against 
employees who report unsafe or unlawful practices used by the employers 
that may adversely affect occupational safety and health or the 
environment. Accordingly, these provisions prohibit an employer from 
discharging or taking any other retaliatory action against an employee 
with respect to compensation, or the

[[Page 35393]]

term, conditions, or privileges of employment because the employee 
engages in any of the protected activities specified by the ``whistle 
blower'' provisions of the Federal statutes.
     These Federal statutes are covered under the following 
regulations: 29 CFR Part 24, Procedures for the Handling of 
Discrimination Complaints under Federal Employee Protection (29 CFR 
Part 24 covers: Safe Water Drinking Act, 42 U.S.C. 300j-9(i); Water 
Pollution Control Act, 33 U.S.C. 1367; Toxic Substances Control Act, 15 
U.S.C. 2622; Solid Waste Disposal Act, 42 U.S.C. 6971; Clean Air Act 42 
U.S.C. 7622; Energy Reorganization Act of 1974, 42 U.S.C. 5851; 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, 42 U.S.C. 9610); 29 CFR part 1979, Procedures for Handling 
Discrimination Complaints Under Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century; 29 CFR part 1980, Procedures for 
Handling of Discrimination Complaints Under Section 806 of the 
Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of 
the Sarbanes-Oxley Act 2002; and 29 CFR part 1981 Procedures for the 
Handling of Discrimination Complaints under Section 6 of the Pipeline 
Safety and Improvement Act of 2002.
     These regulations specify the procedures that an employee must use 
to file a complaint with OSHA alleging that their employer violated a 
``whistle blower'' provision for which the Agency has investigative 
responsibility. Any employee who believes that such a violation 
occurred may file a compliant, or have the complaint filed on their 
behalf. While OSHA specifies no particular form for filing a complaint, 
these regulations require that a complaint must be in writing and 
should include a full statement of the acts and omissions, with 
pertinent dates, which are believed to constitute the violation.

 III. 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 to 
protect workers, 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.

IV. Proposed Actions

    OSHA proposes to extend OMB's approval of the collection-of-
information requirements contained in Regulations Containing Procedures 
for Handling Discrimination Complaints. 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 information-
collection requirement.
    Title: Regulations Containing Procedures for Handling of 
Discrimination Complaints.
    OMB Number: 1218-0236.
    Affected Public: Individuals.
    Number of Respondents: 368.
    Frequency of Recordkeeping: On occasion.
    Average Time per Response: 1 Hour.
    Estimated Total Burden Hours: 368 hours.
    Estimated Cost (Operation and Maintenance): $0

V. Authority and Signature

    John L. Henshaw, 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), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Signed at Washington, DC, on June 18th, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-14331 Filed 6-23-04; 8:45 am]
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