[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Page 39273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16158]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Proposed Information Collection; Comment Request

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA) 
(44 U.S.C. 3501 et seq.), on April 4, 2012 (77 FR 20442), the 
Occupational Safety and Health Review Commission (OSHRC) published a 
60-day notice in the Federal Register soliciting public comment on the 
proposed information collection described below.
    In further compliance with the PRA, OSHRC now publishes this second 
notice announcing the submission of its proposed collection to the 
Office of Management and Budget (OMB) for review and notifying the 
public about how to submit comments on the proposed collection to OMB 
during the 30-day comment period.

DATES: Comments must be submitted to OMB on or before August 1, 2012.

ADDRESSES: Submit all comments to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety 
and Health Review Commission, Office of Management and Budget, Room 
10235, Washington, DC 20503, Telephone: (202) 395-6929/Fax: (202) 395-
6881 (these are not toll-free numbers), email: [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for information or copies of 
the proposed information collection instrument should be directed to 
John X. Cerveny, Deputy Executive Secretary, Occupational Safety and 
Health Review Commission, 1120 20th Street NW., Ninth Floor, 
Washington, DC 20036-3457; Telephone (202) 606-5706; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: OSHRC's Settlement Part program, codified at 
29 CFR 2200.120, is designed to encourage settlements on contested 
citations issued by the U.S. Department of Labor's Occupational Safety 
and Health Administration (OSHA) and to reduce litigation costs. The 
program requires employers who receive job safety or health citations 
that include proposed penalties of $100,000 or more in total to 
participate in formal settlement talks presided over by an OSHRC 
Administrative Law Judge. If settlement efforts fail, the case would 
continue under OSHRC's conventional proceedings, usually before a judge 
other than the one who presided over the settlement proceedings.
    OSHRC previously submitted for OMB review a proposed information 
collection from participants in the Settlement Part program. A copy of 
that information collection request (ICR), reference number 201202-
3202-001, with applicable supporting documentation, may be obtained 
from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, or by contacting John X. Cerveny, Deputy Executive Secretary, 
Occupational Safety and Health Review Commission, 1120 20th Street NW., 
Ninth Floor, Washington, DC 20036-3457; Telephone (202) 606-5706; email 
address: [email protected].
    OSHRC proposes to conduct a second voluntary survey of employer, 
Department of Labor (OSHA) personnel (decision makers), Authorized 
Employee Representatives, and their representatives, including 
attorneys, who personally participated in OSHRC cases between February 
15, 2011 and June 30, 2012, where a total proposed penalty between 
$50,000 and $99,999 was involved and where OSHRC Settlement Part 
Process procedures were not used. The cases would include those settled 
by the parties without an OSHRC judge conducting a face-to-face 
settlement proceeding, as well as any cases within the above dollar 
range that went to a trial on the merits. These cases would be 
considered part of a control group. Participant responses will be used 
for comparative purposes and to facilitate our understanding of the 
efficacy of the Settlement Part program. The proposed information 
collection instrument is a written survey consisting of a series of 
questions to determine participants' level of satisfaction with OSHRC 
processes and outcomes. They are intended to take a respondent no more 
than 30 minutes to complete. The respondents may skip any questions 
that they do not feel comfortable answering, and are permitted to 
comment further on their experiences at the end of the questionnaire.
    OSHRC has submitted this second proposed information collection to 
OMB for review, as required by the PRA. OSHRC invites comments to be 
submitted to OMB on: (1) Whether the proposed collection of information 
is necessary for the proper performance of the agency's functions, 
including whether the information will have practical utility; (2) 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; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) ways to minimize 
the burden of the information collection on respondents, including 
through the use of automated collection techniques, when appropriate, 
and other forms of information technology.
    OMB Control Number: Not applicable, new request.
    Form Number: Not applicable.
    Type of Review: Regular submission (new information collection).
    Title: Survey of Participants in OSHRC Conventional Proceedings 
where between $50,000 and $99,999 is at issue.
    Description: Information collection required to evaluate the Review 
Commission's Settlement Part process.
    Affected Public: Employer and Department of Labor (OSHA) personnel 
(decision makers), Authorized Employee Representatives, and their 
representatives, including attorneys, who have personally participated 
in OSHRC cases between February 15, 2011 and June 30, 2012, where a 
total proposed penalty between $50,000 and $99,999 was involved and 
where OSHRC Settlement Part Process procedures were not used.
    Estimated Number of Respondents: 300.
    Estimated Time per Response: 30 minutes.
    Estimated Total Reporting Burden: 150 hours.
    Obligation to respond: Voluntary.

    Dated: June 26, 2012.
Debra Hall,
Executive Director.
[FR Doc. 2012-16158 Filed 6-29-12; 8:45 am]
BILLING CODE 7600-01-P