[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Proposed Rules]
[Pages 59952-59953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24779]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]
RIN 1218-AC50


Occupational Injury and Illness Recording and Reporting 
Requirements--NAICS Update and Reporting Revisions

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

ACTION: Proposed rule; Notice of reopening of rulemaking record.

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SUMMARY: OSHA is reopening the rulemaking record to allow interested 
persons to comment on OSHA's proposal to update Appendix A to Subpart B 
of its Injury and Illness Recording and Reporting regulation and the 
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations; 
and within 24 hours, all work-related amputations. The docket is being 
reopened in response to a request made by the National Automobile 
Dealers Association. The record will remain open for 30 days.

DATES: Written comments: Comments must be submitted by October 28, 
2011.

ADDRESSES:
    Written comments: You may submit comments, identified by docket 
number OSHA-2010-0019, or regulatory information number (RIN) 1218-
AC50, by any of the following methods:
    Electronically: You may submit comments electronically at http://www.regulations.gov, which is the Federal e-rulemaking portal. Follow 
the instructions on the Web site for making electronic submissions;
    Fax: If your submission, including attachments, does not exceed 10 
pages, you may fax it to the OSHA docket office at (202) 693-1648; or
    Mail, hand delivery, express mail, messenger, or courier service: 
You must submit three copies of your comments and attachments to the 
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of 
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
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.-4:45 p.m.
    Instructions for submitting comments: All submissions must include 
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures, 
submission by regular mail may result in significant delay. Please 
contact the OSHA docket office for information about security 
procedures for making submissions by hand delivery, express delivery, 
and messenger or courier service.
    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. Therefore, OSHA cautions you 
about submitting personal information such as social security numbers 
and birthdates.
    Docket: To read or download submissions in response to this Federal 
Register notice, go to docket number OSHA-2010-0019, at http://regulations.gov. All submissions are listed in the http://regulations.gov index, however, some information (e.g., copyrighted 
material) is not publicly available to read or download through that 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA docket office.
    Electronic copies of this Federal Register document are available 
at  http://www.regulations.gov. This document, as well as news releases 
and other relevant information, is available at OSHA's Web site at 
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Mr. Frank Meilinger, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone (202) 693-1999.
For general and technical information on the proposed rule: Mr. David 
Schmidt, OSHA Office of Statistical Analysis, Room N-3641, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2400.

SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2 
partially exempts certain lower-hazard industries classified in 
Standard Industrial Classification (SIC) codes 52 through 89 from 
injury and illness recordkeeping requirements. Lower hazard industries 
are those industries with an average Days Away, Restricted, or 
Transferred (DART) rate at or below 75 percent of the national average 
DART rate. The DART rate represents the total non-fatal injuries and 
illnesses resulting in days away from work, restricted work activity, 
and/or job transfer per 100 full-time employees for a given period of 
time (usually 1 year). The current list of partially exempt industries, 
which is included in Appendix A to Subpart B, is based on injury and 
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 
1998 and 1999.
    OSHA is proposing to revise the list of partially exempt industries 
in Appendix A using the North American Industry Classification System 
(NAICS). The revised list in proposed Appendix A is based on DART rates 
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed 
Appendix A would still be required to keep records if requested to do 
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by 
OSHA in connection

[[Page 59953]]

with its Data Initiative (29 CFR 1904.41).
    OSHA is also proposing to revise Section 1904.39, which currently 
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more 
employees. The proposed rule would require an employer to report to 
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
    This regulation was developed in accordance with the principles of 
Executive Order 12866 and Executive Order 13563. Executive Order 12866 
requires that OSHA estimate the benefits, costs, and net benefits of 
proposed regulations. The Agency estimates the regulation will cost 
approximately $8.5 million, on an annualized basis. As discussed 
elsewhere in this preamble, the Agency believes the annual benefits, 
while unquantified, are significantly in excess of the annual costs.

Background

    On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of 
its Injury and Illness Recording and Reporting regulation. See 76 FR 
36414. The Notice of Proposed Rulemaking (NPRM) also contained a 
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations; 
and within 24 hours, all work-related amputations. The comment period 
for the NPRM ran through September 20, 2011. On September 16, 2011 OSHA 
received a request to extend the comment period through October 20, 
2011. The National Automobile Dealers Association requested this 
extension to provide them more time to evaluate the Bureau of Labor 
Statistics injury and illness data used for the proposed industry 
exemption analysis. OSHA has agreed to this request. The docket is 
being reopened for comment for an additional 30 days.

Public Submissions

    OSHA invites comment on all aspects of the proposed rule. OSHA 
specifically encourages comment on the questions raised in the issues 
and potential alternatives sections of this preamble. Interested 
persons must submit comments by October 28, 2011. The Agency will 
carefully review and evaluate all comments, information, and data, as 
well as all other information in the rulemaking record, to determine 
how to proceed.
    You may submit comments in response to this document (1) 
electronically at http://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions 
must identify the Agency name and the OSHA docket number (Docket No. 
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may 
supplement electronic submissions by uploading document files 
electronically. If, instead, you wish to mail additional materials in 
reference to an electronic or fax submission, you must submit three 
copies to the OSHA docket office (see ADDRESSES section). The 
additional materials must clearly identify your electronic comments by 
name, date, and docket number, so OSHA can attach them to your 
comments.
    Because of security-related procedures, the use of regular mail may 
cause a significant delay in the receipt of submissions. 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).

Access to Docket

    Comments in response to this Federal Register notice are posted at 
http://www.regulations.gov, the Federal e-rulemaking portal. Therefore, 
OSHA cautions individuals about submitting personal information such as 
social security numbers and birthdates. Although 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 that Web site. All comments and exhibits, including copyrighted 
material, are available for inspection and copying at the OSHA docket 
office. Information on using http://www.regulations.gov to submit 
comments and access dockets is available on that Web site. 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.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document, as well as news releases 
and other relevant information, also are available at OSHA's Web page 
at http://www.osha.gov. For specific information about OSHA's 
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.

Authority and Signature

    This document was prepared under the direction of Dr. David 
Michaels, Assistant Secretary of Labor for Occupational Safety and 
Health. It is issued under Sections 8 and 24 of the Occupational Safety 
and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of 
Labor's Order 4-2010 (75 FR 55355, 9/10/2010).

    Signed at Washington, DC, on September 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-24779 Filed 9-27-11; 8:45 am]
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