[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74106-74107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28309]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2021-0013]


Pilot Study and Prospective Analysis of Draft Revised Form 33, 
Safety and Health Program Assessment Worksheet; New--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.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend OMB approval of the information collection requirements 
contained in the regulations addressing On-Site Consultation 
Agreements.

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 28, 2022.

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.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2021-0013) for the Information Collection 
Request (ICR). OSHA will place all comments, including personal 
information, in the public docket, which may be available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates. 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. 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 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Contact the OSHA 
Docket Office at (202) 693-2350, (TTY (877) 889-5627) for assistance in 
locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Patrick Showalter, Director, Office of 
Small Business Assistance, Directorate of Cooperative and State 
Programs, OSHA, U.S. Department of Labor, telephone (202) 693-2220.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Labor, as part of the continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process 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) (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 (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 OSHA to 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 OSH Act authorizes the Secretary of Labor 
(Secretary) 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 OSH Act authorizes the 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 OSH 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 On-Site Consultation services and 
establish

[[Page 74107]]

rules under which employers may qualify for an inspection exemption. To 
satisfy the intent of these and other sections of the OSH Act, OSHA 
codified the terms that govern cooperative agreements between OSHA and 
State governments whereby State agencies provide On-Site 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).
    The Occupational Safety and Health Administration (OSHA) is 
requesting approval from the Office of Management and Budget (OMB), 
pursuant to the Paperwork Reduction Act (PRA), to conduct validity and 
reliability analyses of a safety and health program (SHP) assessment 
worksheet, the Draft Revised Form 33 (DRF33), that will replace the 
current SHP Assessment Worksheet, OSHA Form 33, used by the OSHA On-
Site Consultation Program (OMB #1218-0110; Expiration Date: January 31, 
2022). The studies that will be conducted on the DRF33 will enable OSHA 
to ensure that a valid, reliable, and efficient tool is provided to On-
Site Consultation programs in the fifty (50) states, the District of 
Columbia, and several United States territories to replace the current 
OSHA Form 33, thereby, enhancing the quality of consultative services.
    The studies for which OSHA is requesting approval will comprise a 
pre-test (20 consultation visits; to assess Pilot Study procedures and 
information technology platform, and correct any issues before 
launching the Pilot Study), Pilot Study (300 consultation visits; to 
assess the validity and reliability of the DRF33), a follow-up study 
(30 consultation visits; to assess any updates to the DRF33 resulting 
from Pilot Study findings), and a Prospective Analysis (conducted 12 
months after the Pilot Study to assess any impact of the DRF33 at 
workplaces that received consultation visits during the Pilot Study).
    After completing the Pilot Study OSHA will request OMB approval 
before implementing the DRF33 for use by state On-Site Consultation 
programs nationwide (to replace the current Form 33). Similarly, OSHA 
will seek OMB approval if any additional updates are made to the 
approved worksheet, following the Prospective Analysis.

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

    This is s a new request for clearance. The agency is requesting a 
total of 4,975 burden hours.
    Type of Review: NEW.
    Title: Pilot Study and Prospective Analysis of the Draft Revised 
Form 33, Safety and Health Program Assessment Worksheet.
    OMB Control Number: 1218-0NEW.
    Affected Public: Business or other for-profits.
    Number of Respondents: 350.
    Frequency: Initial, annual, quarterly, periodic.
    Average Time per Response: Varies.
    Estimated Number of Responses: 2,069.
    Estimated Total Burden Hours: 4.975.
    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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2021-0113) for 
the ICR. You may supplement electronic submissions by uploading 
document files electronically. If you wish to mail additional materials 
in reference to an electronic or 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 the docket number so that 
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.
    Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website.
    All submissions, including copyrighted material, are available for 
inspection and copying at the OSHA Docket Office. Information on using 
the https://www.regulations.gov website to submit comments and access 
the docket is available at the website's ``User Tips'' link. Contact 
the OSHA Docket Office for information about materials not available 
through the website, and for assistance in using the internet to locate 
docket submissions.

V. Authority and Signature

    Doug Parker, 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. 1-2012 (77 FR 3912).

Doug Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-28309 Filed 12-28-21; 8:45 am]
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