[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37121-37122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12767]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0110 (2005)]


Onsite Consultation Agreements; 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 comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information collection requirements contained in its 
onsite consultation agreements (29 CFR 1908).

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by August 29, 2995.
    Facsimile and electronic transmission: Your comments must be 
received by August 29, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0110(2005), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow the instructions on the OSHA Webpage for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://www.OSHA.gov. In 
addition, the ICR, comments and submissions are available for 
inspection and copying at the OSHA Docket Office at the address above. 
You also may contact Todd Owen at the address below to obtain a copy of 
the ICR. For additional information on submitting comments, please see 
the ``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone (202) 693-2222.

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-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 the Occupational Safety and Health 
Administration's (OSHA) estimate of the information collection burden 
is accurate. The Occupational Safety and Health Act of 1970 (the Act) 
(29 U.S.C. 651 et seq.) authorizes information collection by employers 
as necessary or appropriate for enforcement of the Act or for 
developing information regarding the causes and prevention of 
occupational injuries, illnesses, and accidents (29 U.S.C. 657).
    Section 7(c)(1) of the 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 (Secretary) to, ``consult with 
and advise employers and employees * * * as to effective means of 
preventing occupational illnesses and injuries.''

[[Page 37122]]

    Additionally, Section 21(d) of the 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 onsite consultation services, and 
established rules under which employers may qualify for an inspection 
exemption. To satisfy the intent of these and other sections of the 
Act, OSHA codified the terms that govern cooperative agreements between 
OSHA and State governments whereby State agencies provide onsite 
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 Consultation Program regulations specify services to be 
provided, and practices and procedures to be followed by the State 
Onsite Consultation Programs. Information collection requirements set 
forth in the Onsite Consultation Program regulations are in two 
categories: State Responsibilities and Employer Responsibilities. Eight 
regulatory provisions require information collection activities by the 
State. The Federal government provides 90 percent of funds for onsite 
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 proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection of information (paperwork) requirements 
necessitated by Onsite Consultation Agreements (29 CFR 1908). In its 
extension request, OSHA also is proposing to increase the total burden 
hours for these requirements from 17,530 hours to 21,771 hours. The 
Agency will include this summary in its request to OMB to extend the 
approval of the collection of information requirements.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Onsite Consultation Agreements (29 CFR Part 1908).
    OMB Number: 1218-0110.
    Affected Public: Business or other for-profits; not-for-profit 
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 31,048.
    Frequency of Response: Monthly.
    Average time Per Response: Varies from 3 minutes (.02 hour) for an 
employer or plant manager to sign a Safety and health achievement 
Recognition Program application to 32 hours for an Onsite Consultation 
Program Manager to submit an agreement once per year.
    Estimated Total Burden Hours: 21,771.
    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 and supporting materials in response to 
this notice by (1) hardy copy, (2) fax transmission (facsimile), or (3) 
electronically through the OSHA Webpage. Because of security-related 
problems, a significant delay may occur in the receipt of comments by 
regular mail. Please contact the OSHA Docket Office at (202) 693-2350 
(TTY (877) 889-5627) for information about security procedures 
concerning the delivery of submissions by express delivery, hand 
delivery, hand delivery, and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Webpage and 
for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Webpage. Since all 
submissions become public, private information such as social security 
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting 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. 5-
2002 (67 FR 65008).

    Dated: Signed at Washington, DC, on June 22, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-12767 Filed 6-27-05; 8:45 am]
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