[Federal Register Volume 88, Number 231 (Monday, December 4, 2023)]
[Notices]
[Pages 84172-84174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26527]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0026]


Regulations Containing Procedures for the Handling of Retaliation 
Complaints; Revision 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.

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[[Page 84173]]

SUMMARY: OSHA solicits public comments concerning the proposal to 
revise the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Regulations 
Containing Procedures for the Handling of Retaliation Complaints.

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 2, 2024.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2012-0026) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made 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.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; 
telephone (202) 693-2222.

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 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) (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, the 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 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 effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The Department of 
Labor (DOL), through the Occupational Safety and Health Administration 
(OSHA), is responsible for investigating alleged violations of 
whistleblower protection provisions contained in certain Federal 
statutes (provisions) that prohibit retaliatory action by employers 
against employees who report unsafe or unlawful practices. These 
provisions prohibit an employer from discharging or otherwise 
retaliating against an employee because the employee engages in any of 
the protected activities specified in the relevant statute. This 
information collection covers the whistleblower provisions under the 
following statutes: (1) the Occupational Safety and Health Act, 29 
U.S.C. 660(c); (2) the Surface Transportation Assistance Act, 49 U.S.C. 
31105; (3) the Asbestos Hazard Emergency Response Act, 15 U.S.C. 2651; 
(4) the International Safe Container Act, 46 U.S.C. 80507; (5) the Safe 
Drinking Water Act, 42 U.S.C. 300j-9(i); (6) the Energy Reorganization 
Act, as amended, 42 U.S.C. 5851; (7) the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9610; (8) the 
Federal Water Pollution Control Act, 33 U.S.C. 1367; (9) the Toxic 
Substances Control Act, 15 U.S.C. 2622; (10) the Solid Waste Disposal 
Act, 42 U.S.C. 6971; (11) the Clean Air Act, 42 U.S.C. 7622; (12) the 
Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century, 49 U.S.C. 42121; (13) the Corporate and Criminal Fraud 
Accountability Act, Title VIII of the Sarbanes-Oxley Act (SOX), 18 
U.S.C. 1514A; (14) the Pipeline Safety Improvement Act, 49 U.S.C. 
60129; (15) the National Transit Systems Security Act, 6 U.S.C. 1142; 
(16) the Federal Railroad Safety Act, 49 U.S.C. 20109; (17) the 
Consumer Product Safety Improvement Act, 15 U.S.C. 2087; (18) the 
Affordable Care Act, 29 U.S.C. 218C; (19) the Consumer Financial 
Protection Act, 12 U.S.C. 5567; (20) the Seaman's Protection Act, 46 
U.S.C. 2114; (21) FDA Food Safety and Modernization Act, 21 U.S.C. 
399d; (22) the Moving Ahead for Progress in the 21st Century Act (MAP-
21), 49 U.S.C. 30171; (23) the Taxpayer First Act, 26 U.S.C. 7623(d); 
(24) the Criminal Antitrust Anti-Retaliation Act, 15 U.S.C. 7a-3; and 
(25) the Anti-Money Laundering Act, 31 U.S.C. 5323(a)(5), (g), & (j). 
Information collected under these whistleblower provisions and the 
related regulations is necessary for OSHA officials to investigate 
complaints to determine if a potential violation has occurred.

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 to 
protect workers, 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 is requesting that OMB Revise the approval of the information 
collection requirements contained in Regulations Containing Procedures 
for the Handling of Retaliation Complaints. The agency is requesting an 
adjustment increase in Burden Hours from 10,126 hours to 17,387 hours, 
a difference of 7,261 hours. This increase is due to the an increase in 
the agency's estimate of complaints received.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Revision of a currently approved collection.

[[Page 84174]]

    Title: Regulations Containing Procedures for the Handling of 
Retaliation Complaints (29 CFR parts 24, 1977, 1978, 1979, 1980, 1981, 
1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1991, and 1992).
    OMB Control Number: 1218-0236.
    Affected Public: Business or other for-profits.
    Number of Respondents: 17,387.
    Number of Responses: 17,387.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 17,387.
    Estimated Cost (Operation andMaintenance): $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), if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; or (3) by hard copy. All comments, 
attachments, and other material must identify the agency name and the 
OSHA docket number for the ICR (OSHA-2012-0026). You may supplement 
electronic submissions by uploading document files electronically.
    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 
dates 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 from this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://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 at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-26527 Filed 12-1-23; 8:45 am]
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