[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Pages 36579-36580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15623]



[[Page 36579]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0125]


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 comments.

-----------------------------------------------------------------------

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirements contained in the 
Consultation Agreement regulations (hereinafter, the Onsite 
Consultation Program regulations) (29 CFR part 1908). The Onsite 
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 the funds for Onsite 
Consultation services delivered by the States, which result in the 
collections of information. Four requirements apply to employers and 
specify conditions for receiving the free Onsite Consultation services.

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 22, 2011.

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, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Department of Labor's and Docket Office's normal 
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and 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 Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You also may contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, 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 (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 that OSHA 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 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.''
    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 
establish 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 Agreement regulations (29 CFR part 1908).

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

[[Page 36580]]

technological information collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Consultation Agreement 
regulations (29 CFR part 1908). The Agency is requesting an adjustment 
decrease of its current burden hour estimate associated with this ICR 
from 231,207 hours to 222,924 hours, a total decrease of 8,283 hours. 
These changes are based upon the current number of active projects and 
the most recently available number of visits conducted on an annual 
basis.
    Type of Review: Extension of currently approved collections.
    Title: Onsite Consultation Agreements.
    OMB Number: 1218-0110.
    Affected Public: Business or other for-profits.
    Number of Respondents: 26,800.
    Average Time per Response: Annually; monthly, quarterly, semi-
annually, on occasion.
    Total Responses: 111,620.
    Frequency: Varies from 3 minutes (.05 hour) to replace the safe 
practice manual to 1 hour to develop a new manual.
    Estimated Total urden Hours: 222,924.
    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 for this ICR (Docket No. OSHA-2011-0125). 
You may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or a 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 docket number so 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 
date 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 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User
    Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, 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. 5-2010 (75 FR 55355).

    Signed at Washington, DC on June 17, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-15623 Filed 6-21-11; 8:45 am]
BILLING CODE 4510-26-P